What Constitutes a Contract in Florida?

Contract in Florida

Contract disputes are very common in Florida civil litigation. Often, one of the first things the parties will dispute over is to whether or not a valid contract existed between them. In order for a legally binding contract to exist, there are certain conditions that must be met.

A contract in Florida does not exist unless there is an offer, acceptance of that offer, consideration, and mutual understanding. Additionally, a contract is not valid if the act it refers to is illegal or impossible. An example of an illegal contract would be one that involves fraud or the sale of illegal substances; an example of a contract that is impossible would be one that would require the parties to go back in time or to perform a ridiculous act, such as fly.

A contract can be in the form of a written or oral agreement. Although written agreements are always better, oral agreements can also be upheld in court. Written agreements can take many form, especially with the increase in technology. Email communications in which an agreement is made can be seen as a form of written contract. The same is true of text messages or Facebook communications.

If you are a party to a contract in Florida which has been breached by the other party, it is important to initiate suit before the Statute of Limitations expires, which in many cases could be only a year after the breach occurred. If you are unsure as to whether or not the other party has breached the contract, or if you are unsure as to your responsibilities under the contract, then contact Boyer Law Firm, P.L. today to see how we can assist you.

Once you have signed a contract, you are bound by the terms of that contract. An attorney can analyze the contract after it is signed and advise you of your rights and obligations, but they cannot change the contract at that point unless the other party agrees to amend the contract.

THE GOLDEN RULE: IF YOU DO NOT KNOW WHAT YOU ARE SIGNING, DO NOT SIGN IT AND CALL AN ATTORNEY.

What is an E-2 visa?

E-2 visaAn E-2 visa is an investor’s visa that allows foreign nationals to obtain a 5-year renewable visa for investing in an enterprise in the United States.

If you are interested in applying for an E-2 visa in Florida, you may do so by either starting a new business or buying an existing business. There are many different types of businesses you can start, but you should choose one that is based on your interests, skill-set, and experience.

Since an E-2 visa is an investor’s visa, there is obviously an investment required. The investment requirement is one that is “substantial”; there is no set amount. However, it is understood that the more you invest in your business, the greater the chances are of your visa being approved. It is important to note that only investment in your business is counted towards the total investment; investment in personal items is not included.

Another requirement of an E-2 visa is that the investment is not “marginal.” This means that the business is not solely for the purpose of making a living for the investor. The investor can show this by generating sales and hiring employees according to the growth of those sales.

If you are interested in applying for an E-2 visa in Florida, then contact Boyer Law Firm, P.L. today.

Buy an Existing Business in Florida

Buy an Existing Business in Florida

The market for buying and selling a business in Florida is improving, according to an article in the South Florida Business Journal.

If you are interested in starting a business in Florida, then two option you have are to start from scratch or to buy an existing business in Florida. When you buy an existing business in Florida, you are not only buying their tangible assets, but in many cases, you are also buying the branding they have created and the good faith they have in the community.

The location of the business is also important. In many cases, the purchase of a business will not come with the purchase of the commercial property, but rather the commercial lease will most likely be transferred from the current owner to the new owner of the business. In some cases, the location of the business may be so desirable that it is the main reason to purchase the business.

Purchasing a business is also a good idea to consider if you want to apply for an investor’s visa, such as an E2 visa or EB5 visa.

If you are interested in buying or selling a business, then contact Boyer Law Firm, P.L. today.

What is the difference between fraud and misrepresentation?

fraud and misrepresentationWhat is the difference between fraud and misrepresentation?

Technically, there isn’t one. Fraud is a type of misrepresentation. There is, however, a distinction between fraudulent misrepresentation and negligent misrepresentation.

In order to establish a claim of fraud or fraudulent misrepresentation, also referred to as a “cause of action,” the Plaintiff must prove to the court that the following elements exist:

  1. Defendant made a false statement regarding a material fact;
  2. Defendant knew or should have known the representation was false;
  3. Defendant intended that the representation induce plaintiff to act on it; and
  4. Plaintiff suffered damages in justifiable reliance on the representation.

ALL of these elements must be met in order to prove a claim for fraud.

In order to establish a claim of misrepresentation, the Plaintiff must prove:

  1. Defendant made a false statement regarding a material fact;
  2. Defendant knew or should have known the representation was false;
  3. Defendant intended that the representation induce plaintiff to act on it; and
  4. Plaintiff suffered damages in justifiable reliance on the representation.

WAIT! THOSE ELEMENTS ARE THE SAME! Yes, that is true, but there is an understood distinction that the difference between fraudulent and negligent misrepresentation is the intent of the offender.

If the offender knew that the representation was false, especially if he had malicious intent, then the offense is most likely a fraudulent misrepresentation.

On the other hand, if the offender was unaware that the representation was false, even if he should have known it was false, then the offense is most likely negligent misrepresentation.

Misrepresentation and fraud cases can become very complicated very quickly, which is why it is important to speak with an experienced Florida litigation attorney regarding your situation as soon as possible.

There are pre-litigation steps that we at Boyer Law Firm, P.L. can take in order to mitigate some of the expenses of litigation, so contact us today if you believe you have a potential fraud and misrepresentation case.