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.

Family Preference Categories for US immigration

Family preference categoriesIn order for a foreign national to obtain US permanent residence, they need to have a legitimate reason to come to the US, such as for employment, to start and invest in a business, or if they have family in the country.

You cannot simply purchase a piece of residential real estate and apply for a permanent visa or green card solely on that basis.

Family petitions allow a US citizen or permanent resident to apply for permanent residence (green cards) for certain family members. The length of time it will take for the application to be processed and granted is dependent on which “family preference category” the application falls under.

Immigration family preference categories are based on two criteria: the legal status of the petitioner (US citizens or permanent resident) and the relationship between the petitioner and the applicant.

The United States Customs and Immigration Service states the following policy when it comes to green cards for family members of US citizens and permanent residents:

Some relatives of US citizens, known as immediate relatives, do not have to wait for a visa to become available. There is no limit to the number of visas that can be utilized in this category in a particular year. Immediate relatives include:

  • Parents of a US citizen
  • Spouses of a US citizen
  • Unmarried children under the age of 21 of a US citizen

Note: US citizens must be at least 21 years old to apply for their parents.

The qualified relatives of a US citizen or permanent resident in the remaining family-based categories may have to wait for a visa to become available before they can apply for permanent residency. These categories include:

  • First Preference: Unmarried, adult (21 years of age or older) sons and daughters of US citizens
  • Second Preference A: Spouses of permanent residents and the unmarried children (under the age of 21)) of permanent residents
  • Second Preference B: Unmarried sons and daughters (21 years or age or older) of permanent residents
  • Third Preference: Married sons and daughters of US citizens, their spouses and their minor children
  • Fourth Preference: Brothers and sisters of adult US citizens, their spouses and their minor children

If you are a US citizen or permanent resident who wants to apply for a green card for a family member, then contact Boyer Law Firm, P.L.’s immigration attorneys today.

Source: USCIS

What is a Breach of Contract in Florida?

Breach of Contract in Florida A Breach of Contract in Florida is a common claim in civil litigation. In order to prove this claim, the following elements must be met:

  1. Plaintiff and defendant entered a valid contract;
  2. Defendant committed a material breach of the contract; and
  3. Plaintiff suffered damages caused by defendant’s breach.

Therefore, in order to prove a claim of breach of contract, the Plaintiff must first ask themselves if they entered into a valid contract with the defendant. In order to determine this, it is important to understand what a valid contract is.

A valid contract contains the four elements: (1) Offer; (2) Acceptance; (3) Consideration; (4) Mutual understanding (meeting of the minds)

In general, a contract can be oral or written, but there are certain circumstances in which a contract is unenforceable unless it is in writing. This requirement is known as the “Statute of Frauds.”

Additionally, the contract cannot be for an illegal or impossible act, and contracts with minors are usually not enforceable.

There are many other conditions to a valid contract, which is why it is important to discuss your situation with an attorney who is experienced in both civil litigation and business law.

If you believe you have a breach of contract in Florida, or if you have a contract and you are not sure if it is legally enforceable, then contact Boyer Law Firm, P.L. today to see how we can assist you.