FAQ’s 2016-03-22T05:20:37+00:00

Is an LLC better than a corporation?

Each structure provides its own benefits.  How one is ultimately better than another is dependent on your individual needs and requirements.  An attorney can best determine which structure is right for your business.

An LLC is a corporation, right?

No. An LLC is actually a partnership with corporate characteristics.

Can you be an LLC with just one owner?

Yes, however, some of the protections may be limited in comparison to a multi-member LLC.  Additionally, single member LLC’s (LLC owned by just one owner) are disregarded entities for tax purposes and file as a sole proprietorship.

Can managers be members as well?

Yes.  Managers can be members, which usually makes the LLC a member-managed company.

Do members have access to the bank accounts of the LLC?

Only members who are also managers can have access to the bank accounts.  Also, managers who are not members will have access to the bank accounts.

What does transferability of ownership mean and should it affect my choice of entity?

Transferability of ownership means the ability to exchange ownership interest in a business.  Generally, corporations provide for greater transferability of ownership instead of LLC’s.  Therefore, if transferability of ownership is important then a corporation may be a better option.

Do we need contracts for every deal?

Generally speaking, whenever a business relationship is entered (large or small) it should be in writing and agreed/signed by all parties involved.

What should be in a contract?

A contract should contain the essential terms such as what is to be performed by both parties with as much specificity as possible along with a time frame if necessary. If a sale of goods is involved, then the quantity of goods should be included.

Should employees have contracts in an “at will” state?

Absolutely. Generally, while the “at will” state allows an employer to terminate an employee for no cause, an employee can still raid the company of its confidential information, client lists, and any other piece of information made privy to the employee by way of his/her employment absent an agreement.

What happens if another party does not follow a contract?

Generally, if another party does not adhere to their part in the contract the party is in breach. At this point, the non-breaching party has some options and should speak to an attorney to learn of his/her rights.

Can a contract be rescinded?

Under certain circumstances, a contract may be rescinded. Should you wish to know if your circumstance justifies a rescission, speak with one of our attorneys.

Can I write a contract without an attorney if have been dealing in transactions before?

Attorneys provide a great deal of knowledge and expertise in terms of drafting contracts. While you may have some knowledge of the transactions, attorneys have the ability to handle any issues that may arise. Ask yourself, is it worth losing more than just some business?

When should an attorney be involved in buying or selling property?

Generally, an attorney should be involved after a buyer and a seller has been located.

Does a quit claim deed protect me from title issues?

Generally, a quit claim deed only provides ownership from the grantor of the prior deed. A quit claim deed provides the property and title “as is.” Therefore, if the property has any encumbrances these are the responsibilities of the buyer.

Should I have a written lease contract even for month to month leases?

Generally, a written lease contract is necessary, regardless of the time frame, to protect you from other issues, such as problems with the condition of the property or failure to return the security deposit, and remedies for any issues that may arise.

How long can my landlord hold my security deposit after the end of the lease?

Normally, they can hold your security deposit between 15-30 days following the termination of the lease depending on whether the landlord wished to place a claim on the deposit.

Isn’t a security deposit just for the last month’s rent?

No. A security deposit is a fund used to protect the landlord from damages to the property, outside of wear and tear, caused by the tenant. The landlord may, following the termination of the lease, place a claim on the deposit to repair damage to the property left by the tenant so long as the tenant receives substantiated proof of the damage.

What is the implied warranty of uninhabitability?

This warranty is designed to ensure the landlord provides a habitable property. If not, the tenant has remedies. Speak to one of our attorneys for more information.

Should I communicate with my heirs regarding my estate?

Definitely. Communicating with your heirs about your intentions now can avoid leaving issues and arguments after your passing which may be resolved today.

If I have a trust, do I need a will?

Generally speaking, it is recommended to have a will as part of your estate planning process. A will can devise property not contemplated or included in the trust.

If I have a will, should I obtain a trust?

A trust is not necessarily an element needed in your estate planning process but may be important. You should consider speaking to one of our attorneys to determine whether this is an element you should consider in estate plan.

What happens if I have joint tenancy with full rights of survivorship (JTWFROS or JTWROS)?

Normally, these types of arrangements automatically transfer title to the other owners listed on the particular property.

How will taxes affect my estate?

Absent a change in the tax code, your estate may be subject to estate tax. Such an important factor should be considered when planning out your estate.

Can or should I gift a portion of my assets while I am alive instead of waiting?

It may be recommended to gift a portion of your assets while living. You should consider speaking to one of our attorneys to determine if such should be done with your own assets.

Is the first consultation really free?

While we require a deposit at the time of scheduling, our first consultation is free up to half an hour. The money paid from the deposit will be allocated to whatever work is done for your case. Should you choose not to engage our firm, this deposit is refunded to you. Any subsequent consultation shall be charged at our firm’s hourly rate.

What can you provide for my business?

Our firm can provide many services for your business. Contact us and let us show you what we can do for you!

Will you answer questions through email?

Definitely. While we would need to speak initially, we are available via email for any questions you may have. Just email us at inquiries@sgarcialaw.com.

How can we setup an appointment with your firm?

You can set up an appointment by either calling or sending us an email. You may even come in person to set up an appointment.

Where are your offices located?

We have offices located in Miami, FL. However, we transact what business we can throughout the world. Therefore, so long as your issues are within the state of Florida, we can assist you.

Do you accept “walk-ins”?

Depending on availability, we do accept walk-ins. However, we recommend setting an appointment to ensure our attorneys can provide you dedicated attention.

What do you need in order to represent me?

For our firm to properly represent, we will need to speak with you and hear of your situation in order to best determine the proper course of action.

Can you represent a business?

Absolutely, we represent both individuals and businesses in a wide array of issues. Contact us to see how we may help you.

What is a public adjuster?

A public adjuster is a licensed individual who can properly assess the damage to a loss occurring on your property.

What happens when my claim is denied?

Generally, when your claim is denied you have certain options at your disposal. Contact our office to determine what options are available to you.

If the insurance company pays only a portion of my claim, can I still collect the remaining claim?

It may be possible to collect the remaining portion of your claim not paid by the insurance company. Contact our office to see if such a possibility exists.

What can my public adjuster or I do if my claim is denied or underpaid?

Regarding your public adjuster, you may wish to speak to him/her regarding this matter. However, you may wish to speak with one of our attorneys to determine what options you may consider.

What is an umpire?

An umpire is a competent and impartial individual who makes the decision regarding the value of property or the amount of a property loss.

How long is litigation?

The length of litigation is dependent on many factors, some of which are beyond our control. However, we will work diligently to expedite the case as quickly as possible.