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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

To understand a strong social media presence on Twitter, all you will want is actually a large local community of Twitter followers. Receiving the response from huge variety of social people is absolutely not an easy process, for that we will need millions of Twitter followers. We succeed with trendy brands, and together with the people today who’re working not easy to have a effective prominence on Twitter and our providers provide you with them this prominence to produce an optimal utilization of networking and wind up to some impressive acceptance. So invest in Twitter followers stands out as the wonderful way you can generate a more powerful social existence on Twitter.

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.

A More robust social visibility on Twitter indicates a stronger engagement together with your imminent accumulating of folks. Regardless if individuals are shoppers, potential customers, lovers, engagement generating an imprint accumulating web based. When massive quantity of followers are your key totally focus, you then persist a powerful name with the people that make any difference some of the most. Simply being standard on Twitter as proven persona is absolutely not an easy process, trying out your luck to enhance followers list is what we count on and when you’re unable to boost them in your basis then purchase Twitter followers from us and certain gains will probably be sent.

Twitter Follower Bot No Survey 2015

In case you choose Twitter followers from us it means you’re boosting up your Twitter profile. Get access to the local community within your Twitter followers should you want to determine a impressive reputation on Twitter. For assembly this concentrate on you’ve got the great chance and it states decide to buy followers on Twitter from us and also you will certainly thrive. This is often an very important method of doing admirably on Twitter this means you would favor never to dodge it. You can actually spend money on assorted measures of followers, my explanation at the same time, to make this fits into your financial program and wishes. With how painless it happens to be, and the way swift the results are, you’re able to finish the needs of your profile using this type of program. Your Twitter account will switch out much better than any time in latest memory some time not too long ago, also.

Hunting a little more popular and secured on Twitter is troublesome to get a sizeable evaluate of firms and other people. You motivation to possess the professional and dependable look, yet you would possibly not provide the followers to bolster that. You would possibly not be ready to catch the attention of individuals whenever your followers’ integer just isn’t better. For transforming this, you should choose Twitter followers cost-effective with us. This can provide you a prompt development in follower quantity, producing your account feel much more reliable and trusted. This allows you to establish the believe in and enthusiasm from the people traveling to your account, enhancing the probability among them remaining in the page by order Twitter followers a assistance provided to all.

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

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

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