BUSINESS LAW – SOUTH FLORIDA ATTORNEYS

Often partners, and former partners call me to represent them when they have parted ways, and are in the middle of a dispute, without a clear guideline or written instructions as to how the dispute should be resolved.  Whether partners have had a falling out because of unmet expectations regarding their capital contribution and returns of such capital, or the role they play within a company, the Operating Agreement is crucial to any business. 

If you are just starting a new company, limited liability company, or other type of business structure, it is crucial to set forth the terms of your agreement and understanding between all partners, so there is no dispute in the long run.  An Operating Agreement protects the business in the long run by defining each partner’s responsibilities, how the business will be managed and how conflicts and disputes will be resolved.

When friends and family start businesses together, they are on good terms and don’t ever imagine a falling out or parting of the ways can occur. Agreements are made verbally and often not put down in writing.  It is not uncommon to have nothing formalized and then, when a dispute arises, there is a clear misunderstanding as to each parties role and responsibilities.

By hiring a lawyer to create an Operating Agreement at the time the parties form the LLC, essential terms of the arrangement and expectation of each party can be set in writing.  The Operating Agreement serves to define each parties role, capital, return on capital, and expectations.  The Operating Agreement can be changed from time to time as required and will serve as the guideline to determine what needs to be done or how a dispute is handled.

At the Law Offices of Jacqueline A. Salcines, PA, as both an accountant and business lawyer, Jacqueline Salcines has been assisting her clients for over 20 years.  We can incorporate your business, listen to your needs and draft the Operating Agreement to address all the parties needs and concerns.

With Offices in Coral Gables, we are a phone call away. Consult today. 

SOUTH FLORIDA REAL ESTATE ATTORNEYS

Residential and commercial real estate leases often have an Option to Purchase clause that allows the tenant to exercise an “option to purchase” the property at a certain time during the lease. Options to purchase can be complicated and carry with them strict requirements, that may have a deadline and a written notice term.  That is, if the tenant wants to exercise the option to purchase the property, they must do so, in writing and at a certain time BEFORE the lease expires, or lose their right to purchase.

It is often a smart idea to lock in the price of the property prior to entering into the lease so that if the property appreciates, the buyer is protected and knows the terms of purchase.  This may or may not benefit the landlord/owner unless property values decline.  There is a way to structure the Option to Purchase in a manner that is tenant friendly or landlord friendly, depending on which side you are on.

With over 20 years of real estate and litigation experience, attorney Jacqueline A. Salcines, Esq. brings her contract, landlord tenant and real estate experience to all her clients. Whether you need assistance drafting the lease or interpreting it, we are here to help.

The first consultation is always free of charge.

TRUST  |   COMMITMENT  |  RESULTS

JACQUELINE A. SALCINES, ESQ.

REAL ESTATE ATTORNEYS – MIAMI DADE

New programs exist in Miami Dade that combine 30-year, fixed rate mortgages with available down payment and 2nd mortgage assistance. They can provide significant closing costs savings for homeowners that do not have enough funds to get to the closing tables.

The new home buyer assistance programs include:

FLORIDA FIRST – If the buyer qualifies they will be qualified for Florida Assist DPA

FLORIDA ASSIST DOWN PAYMENT ASSISTANCE – DPA with up to $7,500 in assistance.

FLORIDA HARDEST HIT,  up to $15,000 in assistance.

CONVENTIONAL HFA AND PREFERRED DPA

MILITARY HEROES DPA

Contact us today to learn more about these programs and how we can help you with your real estate and title needs.

TRUST  |   COMMITMENT   |  RESULTS

CHANGE IN MORTGAGE RULES AND FHA OPENS THE DOOR TO EASIER FINANCING FOR CONDOMINIUM PURCHASES

In the past, many condominium sales fell through when the buyer required financing through FHA because lenders were not permitted to give loans on buildings that were not FHA approved.  Approval under FHA was strict, required certain budgetary measures, and often caused lots of stress and lost deposits for homebuyers.

Recently however, the DOJ and HUD have joined forces to ease up a bit on the FHA condominium lending guidelines making it much easier to obtain a real estate loan and FHA financing on condominiums that were once turned down.

This change will hopefully help more consumers access low down payment  loans and ensure that a wide range of financial institutions can participate in qualifying homeowners.

For assistance with your Condominium purchase and seeing whether your condominium qualifies under the FHA guidelines, contact us.

With over 20 years experience helping homeowners with their real estate needs, at the Law Offices of Jacqueline A Salcines PA we are here to help.

Call or email us today.

TRUST  |   COMMITTMENT  |   RESULTS