Civil FAQs page 3

105 FAQs where found , 30 in this page

What relief is provided to the affected party?

The relief or “remedies” includes damages for breach of contract, cancelation of restitution, and specific performance. The compensation received is based on the circumstances surrounding your breach of contract case. Learn More

What are the crucial elements of a binding contract?

An agreement / Performed by competent parties / Reliant upon their honest understanding / Reinforced by respect / Made for a legal purpose / In the form legally required Learn More

What constitutes a valid and a voidable contract?

A contract made in compliance to legal requirements is valid while a contract can be voided if its execution was affected by some specific circumstances contrary to what’s stated on the contract or if one of the parties lacks capacity. There are times when a party is forced to sign an agreement against his will. A void agreement has no legal effect. Learn More

What are an executory contract and an option contract?

An executory contract is the contract that was performed with nothing undone. An option contract gives the right to one of the parties to enter a second contract later on. Learn More

What happens if I don’t read the contract and relied on someone else’s explanation?

Your contract can be avoided when you rely on someone else’s explanation of the contents of the contract. However, that is only possible under some specific circumstances: • Your reliance upon another party is justified • The explanation provided was incorrect. Learn More

What problems can I solve with real estate litigation?

Real estate litigation can resolve many real estate litigation matters, including landlord/tenant disputes, real estate contract disputes, lease and sales agreements, and many others. The property dispute lawyers at our firm have experience handling these issues and will make sure you are represented accordingly. Learn More

How do I know if I need representation?

Most real estate disputes need experienced legal representation. Whether you are a seller, buyer, owner, or any other party involved in a dispute, we are here to answer any questions you may have. Learn More

Is it possible to settle a real estate dispute outside of court?

It is possible to settle some real estate disputes through negotiating or mediation as long as the parties are able to agree, otherwise, the process can be complicated requiring a more aggressive approach such as litigation. Most property dispute lawyers try to solve the matter outside of the courtroom through negotiation first. If that does’ work out, real estate litigation may be considered. Learn More

Can a real estate lawyer Miami help when purchasing property?

A real estate lawyer Miami can help ensure that the seller of the property has a marketable property title and make sure that structures and assets are within the property purchased. The attorney will make sure full disclosure is available and warn clients about any potential problems with the property. There are also some paperwork and real estate contracts, which attorneys are familiar with. They will make sure their clients’ needs are properly represented. Learn More

What other matters can a real estate attorney help me with?

There are many real estate disputes. Whether that includes disputes between tenants and landlords, foreclosures, zoning issues, construction issues, and neighbor disputes, or any other disputes that may arise when a property is purchased, it is essential you hire adequate real representation. Learn More

How are residential and commercial properties different?

Residential property is for private using while commercial property is intended for industrial or business purposes. Some common private properties include townhouses, condominiums, and single-family homes. Commercial properties include shopping malls, parking garages, apartment buildings, and even farmland. Learn More

What is a real estate transaction?

A real estate transaction involves transferring ownership of property from one party to another. This legal process covers transactions related to residential or commercial property and may range in value based on the property’s worth. Learn More

Why is the title review so crucial in a real estate transaction?

The title is essential evidentiary support of ownership. If you are purchasing a residential or commercial property, it is important you have real estate lawyer Miami review your title. The title should be clear to guarantee the appropriate transfer of ownership and help avoid future problems if the property is sold. Learn More

Is it possible to avoid being sued when a claim is made against me?

It is not possible to avoid a lawsuit. Nevertheless, you can consult a commercial litigation attorney when a genuine dispute arises. You can use mediation and allow your attorney, together with the other parties involved in your case help you resolve your dispute so you can avoid going to court and the costly litigation process. But even when litigation is the best course of action, it is possible to achieve the desired outcome, depending on your circumstances and evidence related to the claim. Learn More

Are there sanctions for filing a lawsuit with unsupported claims to delay judgment?

A frivolous lawsuit with unsupported claims filed to delay judgment against the guilty party will not go very far. Also, the wrongful party runs the risk of being sanctioned by the court. Learn More

What steps should I take if a claim is made against me?

Consult a commercial litigation lawyer immediately to revise your claim. You also need to gather all the essential documents that are related to your claim so your commercial law attorney can make a compelling presentation of your claim. It is indispensable to talk to an experienced attorney so you can make an informed decision. Learn More

What are some things that I can bring to a litigation attorney?

The first thing you should do is have a written chronology of events with relevant information such as witnesses, what was done and where, copies of contracts and amendments, emails and letters, photos, text messages, and so on. Although it is sometimes difficult and time consuming gathering this information and have it a litigation attorney review it, remaining ignorant about the facts of your case can be more expensive. An early commercial dispute resolution is often the best course of action as you will avoid any potential issues. Learn More

What can I do if my company has been falsely accused of fraud?

You will be best served if you hire a commercial litigation lawyer and are completely honest. Your commercial attorney can review the facts of your case and see if there are any elements of fraud that can be proven. It is common for fraud claims to arise, particularly in breach of contract cases, but it doesn’t mean that there was fraudulent conduct. Learn More

How long will the litigation process take?

Litigation cases generally last for 1-2 years and not more than that, except the parties involved in the dispute settle earlier on. However, most commercial litigation cases will not settle until the initial discovery stage is completed, which generally lasts about six to twelve months. Learn More

How do I know if I have the litigation attorney for the job?

Your litigation attorney should have practical experience in the commercial litigation field. It is also essential that you feel comfortable to speak freely with the commercial law attorney you choose. The attorney needs to be competent and provide you with regular feedback. If your attorney needs to research all your questions or just too busy to invest time in your case, he or she may not be not the best choice for you. Learn More

Who decides a case in commercial litigation?

Depending on the facts of your case, your case will be heard by a judge or jury. A jury in court generally hears commercial lawsuits. However, when parties agree, the jury is waived, and the judge hears the case. Commercial litigation cases that are not heard in court will be determined by one or more arbitrators. Learn More

Are mediations confidential?

Mediations are strictly confidential. They are not shared without consent. The mediator should be informed of what matters are confidential before discussing everything with the other party. There are some limited circumstances in which a court may request a mediator to disclose any comments made during the mediation process. Learn More

At which stage of a dispute can mediation be used?

Mediation is available at any stage of a dispute. It can be the first step to seek a dispute resolution after any negotiations between parties have failed. Learn More

What language is used in mediation?

The parties involved in the mediation process will decide the language or languages used during mediation. Using two languages can be more expensive since it may require interpretation. Learn More

How is the legal mediation agreement enforced?

At the end of a successful mediation, there is preparation for a settlement agreement. The agreement can’t be enforced when parties don’t fulfill its provisions. Comments made during the mediation process are confidential and can’t be disclosed, but the settlement agreement can be disclosed to the court. Either party can ask the court to enforce the agreement. Learn More

Who selects the arbitrator?

Both parties work together to choose an arbitrator. When they can’t agree on what arbitrator is more appropriate, the arbitrator may be chosen through arbitration services. Learn More

Do you need an attorney in arbitration?

While the arbitrator can be anyone you believe has the skills necessary for dispute resolution, hiring an attorney to represent you is a wise choice. Learn More

What are the laws that apply to arbitrations?

Arbitrations are not supposed to follow any specific state arbitration laws or contract between parties. Also, the arbitration decision is appealed only under some particular circumstances. Nevertheless, the arbitrator may be required to make a decision based on the contract terms and state arbitration laws. You must include the arbitration clause and requirements in the contract. Learn More

Is arbitration binding?

Arbitration results are binding unless the parties had agreed to advisory arbitration. However, the parties can mutually agree to withdraw the case from arbitration services at any time before an agreement is reached. If one of the parties disagrees with the arbitration decision, the decision will stand except a party takes legal action. Learn More

What kinds of harm can result from a defamatory statement?

One of the most damaging consequences is harm to your professional reputation within a professional community. There is also financial harm where you can lose your business or your job. Another type of damage includes physical and mental anguish. It can certainly take a toll on someone’s health and emotional stability. The good news is that those harms can be compensated in some specific cases. Learn More