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Posts Tagged ‘lawsuit’

Boca Raton Condo Association is Being Sued

August 13th, 2010

By Mark Schecter | No Comments »

The Sun Sentinel is reporting that Boca Teeca Condominium Association located in Boca Raton, Florida is being sued by the Fair Housing Center of Greater Palm Beach.

The federal lawsuit alleges that Boca Teeca refuses to allow parents with children under the age of 15 to live within their community.

The lawsuit stems from an incident in which a single father with three young children was turned away in December 2008 despite having financing in line to buy a $120,000 condo unit.

The father of three and his real estate agent reported the incident to the Palm Beach County Office of Equal Opportunity who later launched its own investigation.A female employee was later sent to Boca Teeca to inquire about renting a condo unit with two young children. She was also turned away by the association as her kids were under the age of 15.

“In the previous two years, discrimination cases against families ranked third, behind disability and race cases. Of the 96 cases investigated in 2008-09, 45 percent were for people with disabilities, 25 percent were for families with children, and 14 percent were for race and color,” according to Pamela Guerrier, manager of the Office of Equal Opportunity.

Randall Berg, attorney for the Fair Housing Center, says a condo association can legally stop families with young children from moving into its community when (and only when) they are considered “housing for older persons” as set forth under federal and state housing laws.

To qualify as “housing for older persons,” the community must show that at least 80 percent of their residents are 55 or older.

Boca Teeca was advised it is breaking the law by denying young children, and asked to reverse its decision. The association ignored the request and earlier this week, a federal lawsuit was filed against Boca Teeca and its President Ronald Erhardt detailing the Office of Equal Opportunity’s investigation and email negotiations.

Source: Sun Sentinel

Have you encountered this problem? Contact our real estate lawyers today. You can email our firm or give us a call at (954) 779-7009.

Banner Supply Company Sued in Chinese Drywall Scandal

June 3rd, 2010

By Mark Schecter | No Comments »

The Chinese drywall scandal has led to multiple lawsuits, including one involving Banner Supply Company of Miami, Florida. A Florida couple, the Seifarts, purchased a $1.67 million home in 2008. One year later, they were forced to move out due to foul, metallic odors and sulfuric gases coming from the drywall installed throughout their home.

This trial is one of the first to start in the drywall scandal, and is being heard by Judge Joseph Farina of Miami-Dade Circuit Court.

In his opening argument, the attorney for the Seifarts alleges that Banner Supply were aware of the problems with the drywall long before the company publicly acknowledged it. Instead of coming clean and attempting to rectify the problems, Banner attempted to cover the issue up.

The Seifarts are seeking to recover damages relating to their home as well as injuries to their children.

“The Seifarts have spent $492,000 to have their home gutted. They are seeking a total award of $705,000 plus jury-designated amounts for loss of enjoyment of the house and diminution in value.”

The Seifarts believe the defective material caused their children to become ill after living in the home and inhaling the fumes over the course of a year.

The attorney for Banner Supply contends the company had no early knowledge of the defective drywall and that it never attempted to cover anything up. Instead, he believes the responsibility lies with Knaup Plasterboard, the Chinese-based manufacturer that supplied Banner Supply with the defective drywall.

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Four Reasons Every Corporation Needs a Business Lawyer

September 21st, 2009

By Mark Schecter | 1 Comment »

business-lawyer-FloridaEvery corporation, despite its nature, size or location, can benefit from having an effective lawyer that specializes in business affairs on retainer. An experienced business lawyer can provide legal assistance at every stage of your business, from the conception and organization phase, to advising you of potential issues of liability, and defending you from frivolous claims and lawsuits that could threaten your corporation’s success.

If you do not have a business lawyer on retainer, you are not alone. Most business owners do not consider hiring a lawyer until they are faced with a specific legal problem or after they’ve been sued by another party.

An experienced and knowledgeable business lawyer can play an integral role in your corporation’s success. Here are four good reasons every corporation needs a business lawyer:

1. To assist with the start-up and organization of the corporation…

One of the best times to enlist the services of a lawyer is at or before the start-up of your business. A lawyer can help you evaluate the viability of your business idea before you invest any capital. He/she can also help you choose the best structure for your company, whether a limited liability company or corporation, and help you identify any potential liability or other legal issues you may face.

2. To keep your corporation in compliance with applicable local and federal laws…

There are laws that govern practically any and every action your corporation wishes to carry out. However, because most entrepreneurs that decide to start a corporation does so with little or no legal expertise, many corporations fail to comply with laws that are applicable to them and as a result, they face fines, lawsuits and other legal actions. A business lawyer can make sure you’re aware of the laws and regulations that are relevant to your corporation, and prevent you from taking action that will jeopardize your corporation’s success.

3. To properly advise and structure partnership agreements…

As with most business partnerships, there will be times when all parties will not agree on the operations of the business, management decisions, employees, or salaries. If you are considering starting a business with another person or entity, or entering into some type of partnership, protecting your interests should be one of your top priorities. With the help of a business lawyer, you can have a partnership agreement drafted that will layout and define each partner’s expectations. By clearly defining the roles, responsibilities and expectations of each partner, you can limit the presence of disagreements and potential conflicts.

4. To prepare ironclad business contracts…business-contract-md

An essential component of any business relationship is a written, legally-binding contract. In Florida, there are three components that must be present in a valid Florida contract. If your contract lacks any one of the three components, it may not be considered valid and enforceable. Thus, the terms of the agreement that were in place to protect you and your company, can be considered null and void, denying you the very protection you sought during preparation of the contract. A business contracts lawyer can protect you from this potential pitfall by preparing an ironclad business contract that outlines the terms of the contract and possesses each of the three elements required in the state of Florida.

As with any business endeavor, it is imperative that you put forth every effort to protect your business and non-business related interests. Waiting to hire a business lawyer can be dangerous for you and your corporation. In the event a problem arises, you can better benefit from the assistance of a lawyer that you have an existing relationship with; a lawyer that thoroughly understands the ins and outs of your corporation.

Why risk your Florida corporation’s success by foregoing a business lawyer? By hiring a Florida lawyer that specializes in business law, you are one step closer to building the successful empire you’ve dreamt of. While you focus on what you do best, your business lawyer can focus on helping you protect, defend and build your corporation.