attorney who handles purchase of business in florida

Can a lawyer represent both the buyer and seller in Florida?

Sep 02, 2020 · Katz & Associates is a business law firm that handles contracts, trademarks, buy and sell agreements, business entities, and more. We also handle real estate transactions and litigation. Treasure Coast Office: (772) 933-5289

Can a Florida real estate lawyer be a closing agent?

The average business attorney serving the state of Florida for hire on UpCounsel has over 10 years of legal experience in a variety of business law related areas to best help you with your unique business legal matters. Hire the Florida lawyer of choice with confidence today, as all work hired and paid for with verified business lawyers serving the state of Florida come with a …

What can a real estate lawyer do for a buyer?

Contact a Seminole County Business Transaction Lawyer at the Kramer Law Firm. Make sure you understand the practical and legal issues involved with the purchase or sale of a business plan. Contact a business transactions attorney at the Kramer Law Firm at (855) 572-6376 in Seminole County, Florida to discuss your business transaction needs.

What does a business sale attorney do?

Nov 03, 2016 · The Law Offices of Jennifer D. Peshke, P.A. is a General Civil Practice Law Firm which handles Real Estate Law, Probate Administration, Florida Ancillary Probate Administration, Foreclosure Defense and Loan Modification, Estate Planning, Special Needs Planning and Trust, Condominium and Homeowners Association Law, Contracts, Leases, and Business Law, …

Do you need a closing attorney in Florida?

In the State of Florida, it is not mandatory for the buyer or the seller to hire a real estate attorney for the closing of the sale of residential real property. Many operations are conducted through negotiations between the parties; real estate agents, and the involvement of a title company.

Does an LLC have to be represented by an attorney Florida?

Although entrepreneurs may think a limited liability company can represent itself in court, it does not. Florida law requires that corporations or LLCs must be represented by an attorney in any court proceeding.Jan 5, 2022

How do I sell my business in Florida?

How to sell a business in Florida: a step by step guideStep 1: Initial Meeting. ... Step 2: Comprehensive Business Analysis. ... Step 3: Marketing Strategy. ... Step 4: Private Meeting with Buyer. ... Step 5: Accept Offer & Due Diligence. ... Step 6: Closing. ... Step 7: What's Next.Jun 30, 2019

Why do I need a lawyer for my LLC?

Using an attorney to prepare and file the required documents with the Secretary of State helps you avoid making mistakes when starting your LLC. The attorney can draft formation documents, such as the operating agreement, and any other necessary forms.

Does a corporation need to be represented by an attorney in Florida?

Does a Florida Corporation Need to be Represented by an Attorney In Court? Yes, but with one exception. A corporation may not represent itself through non-lawyer employees, officers, or shareholders.Nov 18, 2011

Can a Florida corporation represent itself in court?

However, Florida Small Claims Rule 7.050(a)(2) (2007), provides that a corporation “may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the corporation.”Apr 1, 2007

When should you sell your business?

Generally, business owners should look to sell because they want to make a lifestyle or professional change. Don't sell when the market is in a downturn: The value of your business is correlated to the market within which it operates – therefore, you should look to sell when business is good, not bad.Apr 4, 2019

How can I sell my small business fast?

Here are the steps for selling your business:Prepare to put your business on the market.Time the sale for the right moment.Calculate the value of your business.Get professional help — broker, lawyer, and accountant.Perform sell-side due diligence.Put your business on the market.Pre-qualify buyers.More items...•Jul 8, 2021

How do you sell a business?

If you're considering selling your small business, consider these seven steps to stay on the offensive.Determine the value of your company. ... Clean up your small business financials. ... Prepare your exit strategy in advance. ... Boost your sales. ... Find a business broker. ... Pre-qualify your buyers. ... Get business contracts in order.Jan 3, 2014

What is better LLC or sole proprietorship?

A sole proprietorship is useful for small scale, low-profit and low-risk businesses. A sole proprietorship doesn't protect your personal assets. An LLC is the best choice for most small business owners because LLCs can protect your personal assets.

Do I need a registered agent for my LLC?

No matter where you're starting your business, if you're forming an LLC or corporation, you're required to have a registered agent and a registered office.May 17, 2019

Is a LLC better than an S corporation?

If there will be multiple people involved in running the company, an S Corp would be better than an LLC since there would be oversight via the board of directors. Also, members can be employees, and an S corp allows the members to receive cash dividends from company profits, which can be a great employee perk.

Liz Oliner

If you want someone who has gone through the trademark process over and over again, look no further than Liz Oliner. She has filed over 300 trademarks in the last year alone and has practically got the process down to a science. Small businesses and entrepreneurs frequently come to Ms. Oliner for their trademark and brand protection needs.

Seth Wiener

As an experienced trial lawyer and litigator, Seth Wiener has resolved numerous federal and state litigations. His cases have included everything from family law to bankruptcy to fraud and more. Before Seth formed his own firm, the Law Office of Seth W. Wiener, he worked for several prominent law offices where he gained a great deal of experience.

Kanika Radhakrishnan

Kanika is an experienced Patent Attorney and Managing Partner of Evergreen Valley Law Group in Silicon Valley, which serves innovative entrepreneurs with backgrounds in mechanical engineering, electrical engineering, and computer science. She has filed over 5,000 patent applications in the U.S.

Joshua Garber

Representing notable clients like Tesla and the City of Los Angeles, Josh Garber excels at helping clients with employment and labor laws. Many of his past clients have had great success using Josh for employment agreements and Division of Labor Standards Enforcement (DLSE) hearings.

David Yamaguchi

Startups and small businesses sometimes need someone who can deal with complex transactions on an international playing field. David Yamaguchi specializes in content hosting issues and intellectual property. He concentrates his practice in the United States, Asia, India, and Europe. Whether you are a business giant or a startup, Mr.

Other Cities in Florida where our Business Attorneys can assist you

Our experienced Florida business attorneys & lawyers handle both transactional matters and litigation involving business and commercial disputes.

What Our Customers Have to Say

"UpCounsel gives me access to big-firm lawyers minus the big-firm price tag. I work with several attorneys on the platform and there are never surprises...I always receive quality legal work at competitive rates that larger firms simply cannot match."

Why should a seller conduct a judgment and lien search on itself and its owners?

The Seller should conduct a judgment and lien search on itself and its owners to insure that there are no problems which may be discovered by the Buyer. Even the appearance of an unresolved problem may cause a potential sale to fall apart.

Where to contact Kramer Law Firm?

Contact a business transactions attorney at the Kramer Law Firm at (855) 572-6376 in Seminole County, Florida to discuss your business transaction needs.

How long does a buyer have to inspect a purchase agreement?

The Buyer may be at a disadvantage if the Seller prepares the purchase agreement. The purchase agreement should include an inspection period of between 15- 30 days.

What do buyers need to know about liability?

Buyers need to know how much liability they are exposing themselves to. Buyers also need to determine whether they will make the money that they expect, before the deal is done.

Is the sale of a business a legal process?

The sale of a business can be a complicated process with many legal and practical considerations. Without proper legal representation, potential deals may collapse, litigation may ensue, and the parties may expose themselves to unnecessary liability.

What can a Florida lawyer do?

A Florida lawyer can give legal advice on any adverse matters shown on a survey, like easements encroachments, and other boundary issues such as fence lines and pool decks. 11. Different Ways To Own Real Estate; Different Deeds. In Florida, there are various ways to hold legal ownership of residential real estate.

What is the legal duty of a seller in Florida?

1. Seller’s Legal Duty To Disclose Defects. Under Florida law, the seller must disclose issues regarding the property that the seller knew about, or should have known about, which a buyer would not be able to discover even with an inspection.

Why do title companies close with open title issues?

Some title companies are willing to close a transaction with issues in the chain of title simply because their title insurance underwriter is willing to issue a title insurance policy. However, there are risks of closing a deal with certain title issues pending against the property.

What are the laws for condos in Florida?

There are extensive laws in Florida that relate specifically to condo unit owners and condominiums. Anyone purchasing a Florida condo should know what their rights and duties will be as a condo owner. For instance: 1 will they be able to rent the condo? If so, how often and for how long? 2 Is there an age requirement? 3 Can you have pets? 4 What about storage, parking, and dockage? 5 Can the new owner transfer his or her interest in these elements and who is responsible for the cost to maintain them?

What happens if you hire a real estate attorney in Florida?

If you hire a Florida real estate lawyer, you create an attorney-client relationship and the lawyer is your fiduciary. He or she answers to the party that has hired the lawyer.

What type of deeds are there in Florida?

A Florida lawyer can explain the pros and cons of these different forms of ownership (tenants in common, tenancy by the entirety, and joint tenants with the right of survivorship) and counsel on the different types of deeds, which include: Quit Claim Deed, Warranty Deed, Special Warranty Deed, Trustee Deed, and.

Does Florida have withholding requirements for foreign sellers?

Many sellers of Florida residential real estate reside in other countries. The IRS has withholding requirements related to certain foreign sellers that a buyer is obligated to follow. A real estate lawyer can explain the notice requirements necessary to exempt a transaction from the FIRPTA withholding requirements.

What can a real estate attorney do?

A real estate attorney can be a valuable member of the closing team along with a realtor for either a buyer or a seller, and can explain any legal or contractual terms along the way, as well as interpret documents, prepare and review documents, and resolve disputes that may occur to get you to the closing table.

What does an attorney do at closing?

An attorney review all closing documents for a buyer client including the title commitment to confirm the buyer is taking clear title, and the attorney will assist with any last minute matters that may require negotiation, or extensions to the time period outlined within the contract towards closing.

What is the role of a real estate attorney in closing?

The involvement of a real estate attorney in a closing usually begins with contract review and negotiation. Once the parties are under contract, an attorney will monitor all contractual deadlines and ensure that the parties are complying with all of their obligations, including payment and escrow of the required deposits.

Who issues title insurance for a seller?

An attorney representing a seller conversely will review often act as the closing agent and write and issue the title insurance for the seller, ensuring the seller is in a position to convey clear and marketable title to the buyer.

Is a real estate attorney required in Florida?

While not legally required in the state of Florida, the additional dollars you spend to add a Florida real estate attorney to your closing team will be dollars well spent to ensure you have a smooth closing on what is often the largest asset most people purchase or sell in their lifetime.

What is the ethical conflict between buyers and sellers of a business?

Ethics opinions and caselaw from other states dealing directly with the ethics of an attorney acting as closing agent for the sale of a business have found an irreconcilable conflict between the interests of buyers and sellers of businesses, prohibiting dual representation of both parties by the same lawyer.

What is a closing agent?

The inquirer had been requested by a licensed business broker to act as a “closing agent” for the sale and transfer of business assets. The member explains that the majority of these sales are a sale of assets only and not of a corporate entity. The business brokers envision a “closing agent” as an attorney who will prepare all closing documents ...

Can an attorney be an escrow agent in Maine?

Maine Bar Ethics Opinion 106, May 25, 1990, ruled that an attorney or law firm may not act as escrow agent or closing agent for both parties involved in sale of a business. A Maine firm had attempted to act as a neutral “closing agent” in the sale of a business, telling both parties it would not ‘represent’ either of them, ...

Is the sale of a business an adversarial process?

It is an unavoidable fact that the sale of a business, even in the friendliest of circumstances, is by its very nature an adversarial process. The buyer is relying upon sales and profit figures produced by the seller as well as projections of future profits based upon those figures.

What does the buyer do in due diligence?

At this stage, the buyer does its investigation of the seller to determine the value of the business or assets it is buying. This usually involves an extensive review of the seller's finances and assets so the buyer can make its own determination regarding value. How much due diligence the buyer does will depend in part on whether it's a stock ...

What are the major concerns for buyers and sellers?

Minimizing taxes and potential liability issues are usually the major concerns for buyers and sellers figuring out how to structure a deal. Minimizing taxes and potential liability issues are usually the major concerns for buyers and sellers figuring out how to structure a deal.

Do you need to do due diligence on a stock purchase?

More due diligence is required in a stock purchase since in addition to assets, the buyer is also taking on the seller's debts and liabilities. The parties should discuss and determine other matters at this time, including: if shareholder or board of directors' approval is required.

How much does an attorney charge to draw up a contract?

Having an attorney draw up a business purchase contract or an asset transfer agreement often requires at least 10-15 hours of the lawyer's time at an hourly rate of $100-$300, for a total of $1,000-$4,500. That's a starting point for a straightforward agreement with revisions. More complex agreements or those with a lot ...

How to sell a small business?

What should be included: 1 The process of selling a business takes a minimum of several months. Among other steps, you will want a potential buyer to sign a nondisclosure/confidentiality agreement before providing details about your business operations. The nonprofit group Score lists 12 crucial steps for selling a small business and FindLaw.com outlines the advantages and disadvantages of an asset transfer compared to a purchase [ 5] . 2 Each aspect of a purchase agreement can have tax or other implications, so many experts recommend having legal advice from the first stages of negotiating a business or asset purchase agreement. The document itself is likely to be both long and complicated; for more elaborate deals, the contract plus attachments can be hundreds of pages long. Usually the buyer's lawyer provides the initial draft of the agreement; then the seller reviews the document with another attorney and suggests possible revisions. Lawyers.com provides an overview of the sale process. 3 A typical agreement should include such items as a list of the assets being sold, the purchase price, a list of inventory and specific financial arrangements (in as many as 90 percent of all sales of small businesses, the seller provides some of the financing for the buyer). The Small Business Administration offers a checklist [ 6] of what should be part of the agreement and a Colorado attorney provides a glossary [ 7] of common terms.

What is the most common arrangement for buying a small business?

However, the most common arrangement for buying a small business (and often the most beneficial from a buyer's perspective) is an asset transfer agreement , where the buyer purchases specific assets (or all the assets) of a business, but not the entire entity.

What is a business purchase agreement?

A business purchase agreement (or stock purchase agreement for a corporation) is used when a buyer is acquiring an entire business, its assets and its liabilities, including its debts and obligations such as unpaid taxes or potential lawsuits . However, the most common arrangement for buying a small business ...

How long does it take to sell a business?

The process of selling a business takes a minimum of several months. Among other steps, you will want a potential buyer to sign a nondisclosure/confidentiality agreement before providing details about your business operations.

Why Choose Us?

General Business Representation

• Our Florida business lawyers can help your business grow while protecting you every step of the way. From Miami to the panhandle, our business attorneys have assisted small to mid-size businesses in Florida in a variety of ways, including: 1. Guide and assistwith day-to-day corporate governance 2. Required annual meetings and corporate transactions...

See more on dolmanlaw.com

Contracts and Enforcement

Business Entity Formation and Planning

Collecting Debts from Unresponsive Customers

Florida Mergers, Acquisitions, and Buyouts