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When Litigation Becomes Necessary

Posted on: January 27th, 2016 by doughiller No Comments

When legal action is taken by one party against another in a court of law, it is said that litigation has begun. The processes involved when dealing with lawsuits can be very time-consuming and very complicated. Cases can sometimes be brought to an agreeable end with the parties of a suit before said cases ever reach a courtroom; but other times, the legal matter must be taken to court for a hearing to determine the final outcome.

Real estate transactions can involve many varying aspects that are totally unfamiliar to the participants, and there are times when complexity can force such matters into a legal dispute. Of course, it is hopeful that a mutually agreeable remedy can be found without the need for litigation. However, an experienced attorney’s wisdom and legal knowledge in times like this can mean the difference between the successful outcome of a real estate transaction or a disastrous loss of property.

It is vitally important to know one’s legal rights before proceeding in a transaction that has long term consequences. Fortunately, if residents of southern Florida find themselves in need of legal services in the areas of commercial real estate, residential real estate, condominium law or litigation, there is a law firm available with a proven track record. Floridians may contact the law offices of Hiller Law, P.A.

Other areas of focus for this firm concern condominiums and construction law. After serving for nearly four years on a condominium board, Mr. Hiller became very knowledgeable about the ways these associations function and the collections involved. He is also familiar with defending condominium owners against the accusations of such associations. Additionally, for almost nine years, construction law issues ranging from payment bond claims and lien foreclosures to preparing construction contracts have been handled by this office.

Whether the person seeking legal assistance is a general contractor, developer, condominium owner, or participant in a real estate transaction, when the need for legal advice or representation arises, it is advisable to choose a qualified, experienced representative who can give the legal representation needed and help ensure that all rights are protected.

Litigation Services in Miami

Posted on: January 27th, 2016 by doughiller No Comments

For all your Real estate related matters and litigation services come to Hiller Law, P.A. where we have specialized in providing clients with the best service in all matters Real Estate. We have well qualified and eloquent lawyers who have specialized in the areas of Condominium Law, Litigation, Residential and commercial real estate. Our dedicated and experienced team of legal experts understands the various encumbrances that clients face when engaging in real estate transactions as well as how to handle litigations that arises from these transactions. We can also assist you in all your construction matters that are governed by the Construction Laws in all areas of South Florida.

Condominium Law

We are fully committed to offering legal services to condominium and homeowners associations and individual unit home owners unlike the other law firms who only represent one party in this branch of law. Our teams of experienced and qualified legal experts have a deep understanding of all the complexities that come with Condominium laws as well as the Condominium association laws. These areas are hard to understand and navigate without the right legal knowledge and that is why you need to have an able lawyer to represent you. We are confident that we are able to represent your matter in the right legal procedures.

Real Estate transactions

We have extensive experience in representing our clients in the conducting real estate transactions. We represent both the first time home buying clients as well as the seasoned and experienced home buyers. Our experience when it comes to handling such transactions is unmatched due to the many real estate transactions our firm has handled over the many successful years we have been in existence. We help our clients navigate through the murky waters and pitfalls that are always present in such transactions to ensure they avoid them altogether. This helps them a great deal as they escape the possibility of being engaged in unnecessary litigations stemming from these deals. We are very thorough with all the details that pertain to any transaction and look out for all the fine details to be in place to make the deal fool-proof. We also offer our clients the right legal advice to ensure that their residential or commercial real estate transactions go on smoothly.

We are committed to excellence and thus ensure that all our clients are given a personalized attention and put their needs first. We also offer them various strategies and options that relate to their cases to ensure a smooth solving of their cases. Lastly, our experience in real estate gives us the confidence to handle basically all types of litigation services that touch on real estate.

Transfer of Title to Real Property Pursuant to a Marital Settlement Agreement

Posted on: June 24th, 2015 by doughiller No Comments

Transfer of Title to Real Property Pursuant to a Marital Settlement Agreement

When couples divorce, there is often jointly owned real property that needs to be resolved in conjunction with the divorce proceeding.  Depending on the circumstances, family law practitioners can negotiate various manners of disposing of the real property.  Often, one party will receive sole ownership of certain real property as part of a marital settlement agreement (“MSA”).  The deed should not be a simple Quit Claim Deed transferring ownership from one spouse to the other.  Rather, the deed should contain language so that the property appraiser is on notice not to reset the taxable value.  As an example, a client came to me after her deed was prepared and recorded.  She was shocked to find that her property taxes suddenly increased $5,000.00.  The deed did not state that the property was being transferred pursuant to a MSA and, thus, the property appraiser automatically reset the property taxes based upon the current market value.  After several phone calls and letters to the property appraiser showing that the transfer was part of a marital settlement, I was able to get the property taxes rolled back to the prior basis.  It is easier and less costly to have your deed prepared correctly the first time.

 

For help or assistance in relation to litigation and real estate matters, please contact us at:

Hiller Law, P.A.
Douglas C. Hiller, Esq.
3132 Ponce de Leon Blvd.
Coral Gables, FL 33134
www.dhillerlaw.com

Contact Information:
Phone: (305) 456-4607
Fax: (786) 441-4337
Email: info@dhillerlaw.com

 

Construction Liens – Must Record in 90 Days NO EXCEPTIONS

Posted on: June 10th, 2015 by doughiller No Comments

Construction Liens – Must Record in 90 Days NO EXCEPTIONS

This is a statutory provision that lienors must obey without exception.  With respect to the time period a lienor has to record a claim of lien, Chapter 713 provides that, “The claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or services or materials by the lienor.” (emphasis added)  The statute defines this trigger as “the final furnishing of labor, services, or materials by the lienor.”  Lienors have made costly mistakes by miscalculating the deadline to record a claim of lien by using the date the lienor returned to the jobsite for clean-up or to complete punch list work.  If you are unsure of your deadline to record a claim of lien, consult your attorney because miscalculating by even one day can be a very costly mistake, resulting not only in the loss of your lien rights, but also exposing you to attorney’s fees incurred in fighting the lien and, possibly, a claim for slander of title.

For help or assistance in relation to litigation and real estate matters, please contact us at:

Hiller Law, P.A.
Douglas C. Hiller, Esq.
3132 Ponce de Leon Blvd.
Coral Gables, FL 33134
www.dhillerlaw.com

Contact Information:
Phone: (305) 456-4607
Fax: (786) 441-4337
Email: info@dhillerlaw.com

 

DO THE GROUNDWORK JOB

Posted on: June 3rd, 2015 by doughiller No Comments

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Offer of Judgment – Creating an Entitlement to Attorney’s Fees

Posted on: May 30th, 2015 by doughiller No Comments

Offer of Judgment – Creating an Entitlement to Attorney’s Fees

If you don’t have a contractual or statutory right to recover attorney’s fees, you may be able to recover attorney’s fees if you offer a reasonable settlement that the opposing side rejects.  These offers or demands for judgment follow a specific format and need to describe the offer or demand in detail.  As an example, in a dispute against the City of Miami over the principal amount of $21,750.00, we submitted an offer to the City for $17,000.00.  The City rejected the Offer and after obtaining a judgment against the City and being successful on appeal, we recovered for the client in excess of $160,000.00 in attorney’s fees, more than seven (7) times the principal amount claimed.

For help or assistance in relation to litigation and real estate matters, please contact us at: 

Hiller Law, P.A.
Douglas C. Hiller, Esq.
3132 Ponce de Leon Blvd.
Coral Gables, FL 33134
www.dhillerlaw.com

Contact Information:
Phone: (305) 456-4607
Fax: (786) 441-4337
Email: info@dhillerlaw.com

Attorney’s Fees or No Attorney’s Fees That is the Question

Posted on: May 20th, 2015 by doughiller No Comments

Attorney’s Fees or No Attorney’s Fees That is the Question

litigation lawyer

 

 

 

 

 

Clients often wrongfully assume that if they are successful in a lawsuit, that they have the right to recover attorney’s fees.  That is not the case in Florida.  Florida follows the American Rule in that attorney’s fees incurred while prosecuting or defending a claim are not recoverable in the absence of a statute or contractual agreement authorizing their recovery.  What exactly does that mean?  With respect to contracts, if the contract contains a prevailing party attorney’s fees provision, then you may recover your attorney’s fees if the court determines that you are the prevailing party.  Depending on the nature of the dispute, there may also be a Florida Statute that provides for an entitlement to attorney’s fees for the prevailing party.

For help or additional assistance in relation to litigation and real estate matters, please contact us at:

Hiller Law, P.A.
Douglas C. Hiller, Esq.
3132 Ponce de Leon Blvd.
Coral Gables, FL 33134
www.dhillerlaw.com

Contact Information:
Phone: (305) 456-4607
Fax: (786) 441-4337
Email: info@dhillerlaw.com

Holding Title to Investment/Rental Properties – Liability

Posted on: May 10th, 2015 by doughiller No Comments

Holding Title to Investment/Rental Properties – Liability

Whether it is a single-family home or a condominium, real estate investors often buy investment properties in their personal name.  In order to avoid personal liability, it has become increasingly popular to own investment properties in a business entity such as an LLC.  LLCs can limit or protect an investor’s personal assets from lawsuits related to the property. As there are many condominiums in South Florida, imagine the current scenario:  a tenant renting a condominium accidentally drops a bottle of wine from a balcony that strikes someone below.  It is likely that the injured person, or their estate, will file a lawsuit against the owner of the condominium.  If the rental property is owned by the real estate investor individually, he or she will be named in the lawsuit personally and will have to defend his or her personal assets from the claims.  On the other hand, if the rental property is owned by an LLC, the owner’s exposure would be insulated by the protection of the company, leaving only the assets owned by the LLC exposed to the lawsuit.

Can a Buyer be Required to Use a Particular Title Insurance Company

Recently a client approached me after signing a real estate contract to inquire as to the enforceability of a clause in the purchase agreement that required the buyer, who was paying for the title insurance policy, to use a particular agent.  The Real Estate Settlement Procedures Act (“RESPA”) was passed in 1974 to protect buyers and sellers of real estate.  Section 9 of RESPA prohibits a seller from requiring the home buyer to use a particular title insurance company, either directly or indirectly, as a condition of sale. In fact, in the event a seller violates this provision, the buyer may sue a seller for an amount equal to three times all charges made for the title insurance.  The exception is when the seller agrees to pay for the title insurance.

For help or assistance in relation to litigation and real estate matters, please contact us at: 

Hiller Law, P.A.
Douglas C. Hiller, Esq.
3132 Ponce de Leon Blvd.
Coral Gables, FL 33134
www.dhillerlaw.com

Contact Information:
Phone: (305) 456-4607
Fax: (786) 441-4337
Email: info@dhillerlaw.com

Followers On Twitter With No Tweets Fastest Delivery

Posted on: May 3rd, 2015 by doughiller No Comments

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For popularizing your Twitter profile swiftly we provide most of the leading expert services in social advertise. We offer the purchase Twitter followers less expensive so as to deliver expert services at affordable cost. From our solutions it is easy to successfully establish a much better social existence on Twitter which aid distinguishing your brand from other with high priority ranks.

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Twitter Follower Bot No Survey 2015

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Breach of Contract Disputes

Posted on: May 2nd, 2015 by doughiller No Comments

Breach of Contract Disputes

The importance of contracts in business and personal operations cannot be emphasized enough. A contract is formed when an agreement is made by one party offering something of value and another party accepts it. There are oral and written contracts, both serve to protect individuals and businesses. Since oral contracts are difficult to prove, written contacts are strongly encouraged.
Written contracts serve many purposes including providing terms of the agreement, recording of the deal, reinforcing compliance, and assisting with disputes. Certain contracts, such as real estate transactions and contracts lasting for more than one year, must be written to be enforceable in court. Other contracts will vary according to state laws.

What is a Breach of Contract?

A breach of contract is a legal cause of action. Unfortunately, parties to a contract do not always agree upon the terms, or a party may not comply with their obligations. A carefully drafted agreement assists with negotiations and assists with consequences in the event of a default by a party. The contract can even specify the damages or consequences of a breach as well as provide for the entitlement to attorney’s fees in the event of a breach. Breach of Contract Disputes involve very serious issues that should not be addressed without the assistance of legal counsel. The best course of action is to consult an experienced attorney.

Douglas C. Hiller, Esq.
3132 Ponce de Leon Blvd.
Coral Gables, FL 33134
Phone: (305) 456-4607
Fax: (786) 441-4337

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We Put Our Clients First

Our commitment to excellence starts with our personalized attention with each and every one of our clients. Our approach is simple: put the clients needs first!
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Consider Your Options

Our approach is to consider our client's needs 1st in every possible case and circumstance. We like to offer our clients options and strategies when it relates to their case, therefore when you hire our firm you can always expect multiple avenues and channels to best resolve your needs.
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Our firm handles Litigation matters, Real Estate, Litigation and business disputes. We consider ourselves specialist in this area. Our in-depth knowledge and unique approach to handling Real Estate cases comes from years of experience. Feel confident when you hire our firm to represent you, you have the right Real Estate law firm on your team!
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