Real Estate Transactions
For most Americans, the purchase or sale of real estate are the largest financial transactions they are likely to make. It is critical to retain experienced legal counsel in order to insure a properly executed transfer. Buyers and sellers alike need protection from contractual loopholes, unscrupulous real estate agents, credit fraud, and a variety of pitfalls that could cause financial disaster. The laws, regulations and procedures of real estate transactions are in constant flux and are best handled by lawyer who keeps up with the changes. Some questions to ask about real estate sales before you commit are When is the Seller's Property Disclosure Statement required? What is required as pertaining to an encumbered title? Is title insurance necessary? Am I safe in a For Sale By Owner offering? What happens if the home inspection reveals problems like termites or mold? Are there penalties for terminating the sale How can Mortgage Contingencies affect the sale Don't rush blindly into the largest financial investment in your life. Consult an expert to be sure that your expectations are met and that the deal is on the up and up. Real Estate and Property Law is a complex practice area intertwined with significant variety of the laws in different cities and states. It encompasses land, attached structures, minerals, rights of landowners with regards to the air above and the soil below. The issues that an attorney has to address include sales, purchases and other transfers of real estate and real property, legal aspects of rental property and landlord issues, the rights of tenants and renters, development of property, titling of real property, settlement of claims against property rights, zoning and land use, related agriculture issues, home loans and foreclosures, and more.
Business Formation
In the formation of a new business or partnership, there are a complexity of regulations and classifications that must be considered to best protect the entrepreneurs interests. Each type of new business including closely held corporations and corporations, sole proprietorship's, general and limited partnerships, limited liability companies, joint ventures, franchises, etc. have different statutory compliance's for formation, different registration requirements and different form filings with state and federal agencies. WJD Law strives to ensure that the appropriate documentation, legal structure and contractual protections are properly instituted. We will work closely with the client from the inception of the business to best determine which classification of business (Corporation, LLC, PLLC, PA , etc.) best fit the current goals of the business while protecting the founder. We can handle all of the documentation, certificates, agreements, licences, registrations, and other aspects of business formation, leaving the business owners with peace of mind and time to focus on getting the business up and running. We can also advise on how to structure companies to make them more attractive to investors looking to risk venture capital.
Regulatory Compliance
Regulatory compliance is achieved when businesses and organizations operate wholly within the laws and regulatory parameters set forth by the government pertaining to their activities. The complexity of modern laws and regulations has made full compliance more and more difficult to achieve without expert legal consultation. We can help your company reach full compliance with training partners and experts in the field.
Contract Disputes
Contract disputes are common occurrences. If the parties to a contract disagree on the terms or intent of the document, legal issues regarding the parties' rights arise. What makes a contract valid is that all parties have an understanding of every contract term and are in complete agreement. Contracts not meeting these terms are not legally valid and may be contested. Contract disputes are often the cause of vague language or incomplete documentation of the parties expectations. A valid contract contains an offer, an acceptance of the offer,and some form of consideration (or payment) for the goods or services at issue. Circumstances that could bring about contract disputes include, but are not limited to Offer and acceptance disputes, Mistakes made in the composition of the terms of the contract, drafting and reviewing issues, disagreements on definition of terminology, Fraud and coercion and failure to perform as expected by the spirit of the agreement. We may seek to remedy contract disputes by either litigation or by coming to a revised agreement engineered to correct the dispute.
Contract Formation
Contract formation is one of the trickiest areas of legal expertise. The attorney composing the contract must insure the safety of his client by awareness of the exactitude and comprehensive implications of the wording set forth in the contract. Contracts must be written so that the interests of both parties are insured against bad faith, political climate change, loopholes, etc. In a legal interpretation of the spirit of the agreement what is excluded in the wording of a contract is often as telling as what is included, and a good contract lawyer is aware of this. WJD Law performs contract formations of many types including confidentiality agreements, buy-sell agreements, sales agreements, non-compete agreements, partnership agreements and employment agreements just to name a few. Don't trust boilerplate form contracts to protect your business, you need to consult with an attorney and lay out the specific goals and needs of your agreement. We then tailor the contract to your circumstances, accounting for all the pitfalls, specific needs and risks of the situation. The conflicts and diverging interests of the parties are must be addressed early so that parties to the contract are cooperative and amiable and their interests protected.
Misappropriation
Misappropriation can be both a criminal and a civil violation. Civil law defines misappropriation as identity theft, the unauthorized use of another's likeness ,name or identity resulting in harm to that person. Criminal law defines misappropriation as intentional, illegal use of property or funds not belonging to the offender for unauthorized purpose(s), including trustees, public officials, executors, estate administrators, or any person with a fiduciary duty. Criminal misappropriation is a felony.
Labor Law
Hostile Work Environment, Overtime Violations, Discrimination, Sexual Harassment, Wrongful Termination, these are just some of the situations for which labor laws were instituted to protect the american worker. Laws like the Americans with Disabilities Act (ADA), the Employee Retirement Income Security Act (ERISA) and the Pregnancy Discrimination Act (PDA) just to name a couple, have been instituted to prevent discrimination and unfair treatment at the workplace. An attorney well versed in the complexities of modern labor law is needed to determine whether you have an actionable grievance. On the other side of the coin, an expert in labor law is of inestimable value to employers and corporations in a preventative capacity. Properly written and maintained handbooks and manuals, accurate employee classification and contracts, and managerial training in adhering to the letter (as well as the spirit) of the law with regards to the legal rights of employees.
I'm losing my job, but I have an employment contract with my company, can you help me?
Yes, we can review your contract and take action to make sure you get all you are entitled to, whether through arbitration or the courts if necessary.