Skip to Content

News & Resources

HOJ GETS TO THE CLOSING TABLE DURING COVID-19 CRISIS

Posted on Mar 31, 2020 in News

By Stephen Hoffman and Nicole Villarroel Broward County issued a “shelter in place” Emergency Order effective March 27, 2020 due to the COVID-19 crisis resulting in a high level of uncertainty for buyers, sellers and lenders as to whether they can close their residential and commercial real estate transactions.  Parties to real estate transactions must close timely to prevent forfeiture of deposits, losing favorable financing terms and/or meet stringent deadlines to effectuate a 1031 tax deferred exchange.  The impact of COVID-19 crisis on real estate and mortgage loan closings changes almost daily. We have implemented policies and procedures to allow […]

Families First Response Act: What Small Business Owners Need to Know

Posted on Mar 27, 2020 in News

Families First Coronavirus Response Act: Small Business Owner Requirements The Families First Coronavirus Response Act, recently signed into law, requires small employers (those with fewer than 500 employees) to provide limited paid-leave benefits to employees who are affected by the coronavirus pandemic.  The provisions of the Act make significant, temporary changes to the Family and Medical Leave Act (FMLA).  Small businesses will be affected by these changes and may need legal advice to navigate through the changes. The Act takes effect on April 2, 2020 and most provisions will expire on December 31, 2020. Generally, the Act provides that employees […]

Understanding FL’s Law on Liquor Licenses for Restaurants

Posted on Mar 24, 2020 in News

I frequently receive telephone calls from clients, who possess the misconception that getting a beer and wine license, or liquor license in South Florida will be a straightforward process. Prior to speaking with me, clients are often frustrated with the delays caused by the convoluted application requirements that must be met before a state alcohol license can be issued. Causing additional confusion, local municipal requirements vary greatly. For example, the City of Fort Lauderdale requires that you obtain a Business Tax Receipt and a Liquor Measurement before you can apply for your state alcohol beverage license. Below is an overview […]

The Impact of COVID-19 on Performance Contracts

Posted on Mar 24, 2020 in Breach of Contract

The Force Majeure Clause: How the Coronavirus Impacts Performance Contracts The 2020 Coronavirus (COVID-19) pandemic is causing disruption to business operations as expansive, if not more expansive, than the 9/11 terrorist attacks. As these disruptions continue, parties should review their contractual obligations, rights, and remedies to assess available recourse or consequence in the event of performance delays. A careful analysis of “force majeure” clauses is important to understand in these uncertain times. When it is impossible for a party to perform its obligations under a contract because of an “act of God” or other unforeseen circumstance, the “act of God […]

Florida Statute Allows Removal of Certain Occupants of Real Property Without a Lawsuit

Posted on Jul 31, 2017 in Real Estate

Florida’s landlord-tenant laws have long grappled with the competing goals of providing property owners with efficient means of removing non-paying tenants or trespassers while minimizing potential abuse of bona fide tenants. The Florida Legislature took a step toward modernizing the process of removing unwanted persons from real property in 2015 by enacting Section 82.045, Florida Statutes, which allows for the potential removal of persons who qualify as “transient occupants” of property without the need to file a legal proceeding. While this statute has not garnered widespread attention since its enactment, property owners should be aware of its potential impact on […]

Internal Revenue Code Section 1031 Tax Deferred Exchange (Part II)

Posted on Jul 31, 2017 in Real Estate

An opportunity to defer taxes and build wealth arises when and individual or entity sells an investment property for more than he or it purchased it for. Generally, tax on the seller’s capital gain is due upon the sale of property. However, Internal Revenue Code Section 1031 provides an exception to this rule and allows a seller of investment property (referred to here as the “Relinquished Property”) to re-invest his proceeds into another investment property (referred to here as the “Replacement Property”) as part of a qualifying “like-kind” Exchange. Often misunderstood by taxpayers, capital gain deferred in an Exchange is […]

Donating Encumbered Property to Charity: Is it Too Good to be True? Perhaps…

Posted on Jul 20, 2017 in Estate Planning

There are many reasons why a donor would want to contribute encumbered property to charity.  Perhaps the property is perfect for the needs of a particular charity, or this may be the only property a donor owns that he is willing to donate.  Whatever the reason may be, before a donor decides to donate property that is encumbered to charity, he should consult with a professional to determine the potential tax ramifications of the donation. For instance, assume Donor purchased a parcel of real property years ago that was used for business purposes.  Over the years, Donor sold the property […]

Florida Liquor License Types Explained

Posted on Jul 20, 2017 in Corporate Litigation

To sell liquor, beer or wine in Florida, you must apply for a license from the Florida Division of Alcoholic Beverages and Tobacco Bureau of Licensing (the “Division”).  The Division offers several types of licenses.  I have had several clients reach out to me after finding themselves stuck in the convoluted and confusing licensing process. As a starting point, if you are a new business in South Florida wanting to sell alcohol beverages, including beer, wine, or spirits, you need to determine what type of alcohol or liquor license is appropriate for your intended operations. As I mentioned above, there […]

Dissociating from a Multi-Member Limited Liability Company under Florida’s Revised Limited Liability Act

Posted on Jul 5, 2017 in Corporate Litigation

DISCLAIMER — This is not an advertisement. THIS IS NOT LEGAL ADVICE. Nothing contained herein shall be deemed or construed to create an attorney-client relationship. You should seek independent counsel to advise you regarding your specific situation, and IN NO EVENT ARE YOU TO RELY ON ANYTHING CONTAINED HEREIN FOR ANY PURPOSE. Dissociating from a Multi-Member Limited Liability Company under Florida’s Revised Limited Liability Act Florida’s Revised Limited Liability Act (the “Act”), codified in Florida Statutes Chapter 605, became effective on January 1, 2014. It applies to all limited liability companies formed or registered to do business in Florida after […]

The Importance of Advance Directives

Posted on Apr 25, 2017 in Estate Planning

                Often when you hear “estate planning,” you think of planning for what happens after your death.  Unfortunately, planning for sickness or disability during life is sometimes overlooked.  There are several documents that are crucial to have in place in the event you become temporarily or permanently unable to make (or verbalize) decisions related to your health and finances, namely: (i) Durable Power of Attorney; (ii) Health Care Surrogate; (iii) Living Will; and (iv) HIPAA release.                 Durable Power of Attorney.   A power of attorney is a legal document that gives someone of your choosing (family member, friend, trusted advisor) […]