MacLean and Ema, P.A.MacLean and Ema, P.A.2026-11-05T21:23:38Zhttps://www.maclean-ema.com/feed/atom/WordPress/wp-content/uploads/sites/1503236/2022/11/cropped-site-icon-32x32.jpgOn Behalf of MacLean and Ema, P.A.<![CDATA[What Florida buyers should know about warranty deeds vs. quitclaim deeds]]>https://www.maclean-ema.com/?p=477912026-11-05T21:23:38Z2026-11-05T21:23:38ZWhat a warranty deed provides
A warranty deed is the standard instrument used in most Florida arm's-length real estate sales because it gives buyers meaningful legal protection.
Under a general warranty deed, the seller makes formal legal promises that the title is free from all encumbrances and defects, covering the full chain of title, not just the period of the seller's ownership. If a title problem surfaces later, even one that predates the seller's ownership, the buyer has legal recourse against the seller.
A special warranty deed offers a narrower version of that protection. The seller's covenants apply only to defects that arose during their own period of ownership. Problems that predate their ownership are not covered. Special warranty deeds appear more frequently in commercial transactions, estate sales, and foreclosure-related conveyances.
When a quitclaim deed is used
A quitclaim deed transfers only whatever interest the grantor holds at the time of the transfer. The seller makes no covenants about the state of the title and no guarantee that the title is free from liens, claims, or competing ownership interests. Whatever encumbrances exist transfer to the buyer along with whatever the seller had.
Because of that absence of protection, quitclaim deeds appear most often in transactions where the parties already know and trust each other, such as transfers between family members, divorce-related conveyances, or corrections to existing deed errors. Using a quitclaim deed in an ordinary purchase from a stranger carries substantial risk.
Most Florida institutional lenders will not accept a quitclaim deed for a purchase money mortgage. If you receive property through a quitclaim deed and later want to refinance or sell, the absence of title warranties can complicate that process significantly. Title insurance can provide a layer of protection in these situations, though it does not change the nature of the deed itself.
Florida-specific requirements buyers should know
Florida has two deed requirements that buyers should be aware of regardless of the deed type being used.
First, under Florida Statutes § 689.01, a valid Florida deed must be signed in the presence of two witnesses and a notary public. A deed that does not meet this requirement is void, not merely voidable. This is a Florida-specific formality that differs from many other states and should be confirmed at or before closing.
Second, if the property being transferred is or will be a Florida homestead, Florida Statutes § 689.11 requires both spouses to sign the deed, even if only one spouse holds title. Failure to obtain the non-titled spouse's signature on a homestead deed is one of the most common sources of title disputes in Florida and can affect the buyer's ability to sell or refinance later.
How the deed type affects your ownership security
The deed you receive at closing defines the legal foundation of your ownership and determines what recourse you have if title problems emerge. Reviewing the deed type and confirming that all Florida execution requirements are satisfied with a Florida real estate attorney before closing helps you confirm that the transfer gives you the protection you are expecting.]]>On Behalf of MacLean and Ema, P.A.<![CDATA[What legal steps to take before opening a second location]]>https://www.maclean-ema.com/?p=477892026-10-19T20:09:01Z2026-10-19T20:09:01ZConfirm the entity can expand
Growth can expose gaps in the governing documents that establish how the company operates. Your state's business filings, your operating agreement or bylaws and any investor or lender terms may restrict new locations, additional debt or ownership changes.
You may also want to consider whether forming a separate entity for the new location would help limit liability exposure. Clear signing authority provisions also give lenders and landlords confidence that the right person can execute documents.
Review the lease and real estate terms carefully
Once you pick a site, the lease can become the biggest long-term risk. Landlords may ask for personal guarantees or broad repair duties. Some terms may also block assignment if the business later sells.
Zoning, parking or use limits may apply at the new address. Permits and inspections may also apply before opening to the public. Checking these items early often prevents paying rent on a space you cannot use.
Plan for hiring and compliance
A second location often means new hiring and new payroll. Wage rules, workplace policies and benefit plans may need updates as headcount grows. Labor agencies and tax authorities typically expect consistent payroll records and policy documentation across all locations.
Before onboarding starts, you may want to review local guidance for licensing and setup steps. That review may also identify whether the new address triggers new sales tax obligations or requires industry permits.
Start the legal review before you sign anything
Opening a second location introduces a different set of legal questions than the first launch did. Entity documents, lease terms, employment compliance and permit requirements all benefit from review before commitments are made – not after. A business attorney familiar with your industry and state can help identify which filings, agreements and approvals apply to the new site before you move forward.]]>On Behalf of MacLean and Ema, P.A.<![CDATA[What happens if a homebuyer can’t get financing before closing?]]>https://www.maclean-ema.com/?p=477872026-10-06T12:54:49Z2026-10-06T12:54:49ZYou found the house of your dreams, made an offer and got it accepted. The inspection is finished and closing is almost here – then the bad news comes: Your financing isn't ready. Maybe the lender needs more documents. Maybe the appraisal fell short. Or, worse, the lender has denied your loan application altogether.
So, what happens to the purchase? A financing problem doesn't necessarily mean the deal automatically disappears. What happens next largely depends on the terms of the purchase contract and whether you have a financing contingency.
What does the financing contingency say?
A financing contingency generally gives a homebuyer a certain amount of time to obtain mortgage approval. If the financing doesn’t happen, you may have the ability to back out of the purchase. The contract may require you to apply for new financing promptly, provide requested documents to the bank and make a good-faith effort to obtain the loan.You may also be required to notify the seller that your financing isn’t going well within a certain period of time. If you miss that deadline, you could lose the right to withdraw your bid and cancel the deal. That can put the deposit you laid down on the house when you made your bid at risk.
What if the loan is delayed rather than denied?
Sometimes financing hasn't fallen through – but the lender simply isn't ready to close on schedule. Underwriting sometimes just takes longer than expected, an appraisal may be unexpectedly delayed or the lender may need additional information.In that situation, a buyer and seller may agree to extend the closing date. The seller isn't necessarily required to agree, however. You should know what your contract says before approaching the seller about the issue.A delayed mortgage application doesn't have to turn into a major problem. Homebuyers who encounter financing issues should review their contract with the seller before deciding what to do next. A Florida real estate attorney can help determine whether the financing contingency provides a way out or whether another solution, such as negotiating an extension, may be possible.]]>On Behalf of MacLean and Ema, P.A.<![CDATA[Do new parents really need an estate plan? 3 documents to prepare]]>https://www.maclean-ema.com/?p=477022026-09-25T08:57:07Z2026-09-25T08:57:07ZHaving a baby changes more than the family calendar. Parents also begin making decisions that can affect their child long after the nursery is ready. Estate planning may feel premature when a child is still young, but it gives parents a way to address who will care for the child and who can step in if something happens to them.
For Florida parents, three documents can help create that framework.
1. A will can help protect a child’s future
A will lets parents state how they want certain property handled after death. It can also name a person they want the court to consider as guardian for a minor child.Florida law recognizes parents as the natural guardians of their minor children. If one parent dies, the surviving parent generally remains the child’s sole natural guardian. A will can still provide important instructions for situations involving guardianship and property.Florida also requires specific signing and witnessing procedures for wills. Following those rules can help a parent’s wishes carry out as intended.
2. A power of attorney can help manage financial affairs
A durable power of attorney can address financial and legal matters if a parent cannot manage them independently. The document names an agent who can act within the authority the parent grants.Florida law allows a durable power of attorney to remain effective despite the principal’s later incapacity. For parents, this arrangement can allow a trusted person to handle bills, accounts and other responsibilities during an unexpected crisis.The powers granted can vary, so parents should think carefully about whom they appoint and what authority that person should receive.
3. A health care surrogate can guide medical decisions
Parents should also prepare for a situation in which they cannot speak for themselves during a medical emergency. A Florida health care surrogate designation allows a person to appoint someone to make health care choices when the person cannot do so.Parents can also name an alternate surrogate. Having a backup can help if the first person cannot serve when needed.Together, these documents address different parts of a family’s future, from property and finances to guardianship and medical care.
A plan can grow with the family
New parents do not need to predict every challenge their family may face. They can start by putting basic legal documents in place and revisit them as their children, finances and circumstances change.Because estate planning needs vary from family to family, a Florida estate planning attorney can help parents understand which documents and provisions may fit their circumstances.]]>On Behalf of MacLean and Ema, P.A.<![CDATA[What is a charitable trust?]]>https://www.maclean-ema.com/?p=477002026-09-21T13:01:33Z2026-09-21T13:01:33ZYou may have a charity that you donate to regularly. This charity may help many people by offering services, researching critical issues or raising awareness of public concerns. Your donations matter, and you can keep donating to your charity after you pass away by creating a charitable trust.
A charitable trust can help fund a charity for many generations. Here is what you should know:
How are trust funds donated to charities?
A charitable trust allows you to transfer money to a trustee. The trustee can be responsible for distributing trust funds to a charity, nonprofit organization or private foundation during your life or after you pass away. There are two common types of charitable trusts you may consider drafting:
Charitable lead trust (CLT): A charitable lead trust donates to a charity or organization for a predetermined number of years. The trust can pay a charity a fixed amount or a fixed percentage of the trust every year. Once a charity receives its final donation after a set period, the remaining funds in the trust can be distributed to a beneficiary. Many people use a CLT for tax advantages.
Charitable remainder trust (CRT): A charitable remainder trust allows a donor to donate funds to the trust. The donor also receives an income stream from the trust for a predetermined number of years. After the set period is over, the remaining assets are transferred to a charity.
There are many considerations to make when drafting a charitable trust. You can reach out for professional legal guidance to learn more about your trust options.]]>On Behalf of MacLean and Ema, P.A.<![CDATA[What is an indemnification clause? Why is it important?]]>https://www.maclean-ema.com/?p=476942026-08-24T23:03:07Z2026-08-24T23:03:07ZAn indemnification clause can help answer that question. Indemnification clauses are contract provisions that require one party to compensate or protect the other against specific losses.
How indemnification works
Because the language can shift a lot of financial risk from one party to the other, it has to be carefully negotiated and written. In general, when there is an indemnification clause, the party providing indemnification (the indemnitor) could be legally obligated to pay the other party (the indemnitee) for losses related to:
Legal fees and/or defense costs
Settlements or judgments
Property damage
Personal injury claims
Regulatory fines or penalties
Claims for infringement of intellectual property
Essentially, any loss suffered by the indemnitee due to the indemnitor’s actions (or inaction) can potentially be subject to reimbursement requirements.
For example, imagine that a retailer hires a contractor to install shelving in its store – but they do it improperly. One of the shelves falls, injuring a customer. The injured customer sues the retailer. If the retailer has a properly drafted indemnification clause, the contractor may be required to cover the retailer’s defense costs and any settlement or judgment ultimately paid.
Indemnification clauses vary considerably. Some apply only to third-party claims, such as lawsuits filed by customers, employees or vendors. Others may cover direct losses between the contracting parties. A clause might apply to negligence, misconduct, a contractual breach or a violation of the law.
It’s important to remember that a broadly written indemnification clause can leave your business exposed to risks that you cannot properly anticipate or insure against. In some cases, you could be asked to indemnify the other party for their negligence. Insurance will not cover every contractual obligation, particularly when a business agrees to accept liability beyond what the law would otherwise require.
It’s always wisest to have your contracts drafted and reviewed by an experienced legal professional.]]>On Behalf of MacLean and Ema, P.A.<![CDATA[What should you know before buying a home in an HOA?]]>https://www.maclean-ema.com/?p=476902026-07-29T15:48:17Z2026-07-29T15:48:17ZYou will need to follow HOA rules and restrictions
Every HOA has rules that homeowners agree to follow, and those can affect your daily life. Depending on the community, the rules may address:
Exterior home improvements
Parking restrictions
Pet policies
Short-term rentals
Florida law generally requires sellers to disclose whether a property is governed by an HOA. You also have the right to receive information about them before closing, giving you the opportunity to understand the community's requirements early on. Taking time to review those materials can help you decide whether the neighborhood is a good fit for your lifestyle.
You will have ongoing HOA fees
Owning a home in an HOA usually means paying regular dues in addition to your mortgage, property taxes and insurance. Those payments often cover shared amenities, landscaping and maintenance of common areas.
Some associations may also charge special assessments when major repairs or unexpected projects arise. Knowing how much you will pay and whether the association has enough reserves for future expenses can help you understand the true cost of owning the home.
You can review the HOA's financial and community records
Many associations make records available that can help you learn how they manage the community. Reviewing meeting minutes, budgets and reserve information may reveal whether the HOA plans for future maintenance and addresses issues as they arise.
These documents can also give you a better sense of how the board communicates with residents, helping you know what to expect after you become a homeowner.
Make your home purchase with fewer surprises
A home's location, layout and price all matter, but so do the responsibilities that come with HOA membership. Reviewing HOA-related documents with an attorney can help you understand your rights and obligations before you complete your purchase. A little preparation before closing can help you avoid unexpected responsibilities and make your transition into the community much smoother.]]>On Behalf of MacLean and Ema, P.A.<![CDATA[Should I switch from a sole proprietorship to an LLC?]]>https://www.maclean-ema.com/?p=476892026-07-25T13:59:31Z2026-07-25T13:59:31ZYour business faces more liability
One of the biggest reasons business owners move from a sole proprietorship to an LLC is personal liability protection. So, if the business cannot pay its debts, then your personal assets are used. An LLC generally creates a legal separation between you and the business. While there are exceptions, this structure can help guard personal assets if the business faces legal claims or financial obligations.
Your income is increasing
Higher profits can be another sign that it is time to evaluate your business structure. As revenue grows, you may benefit from additional tax planning opportunities available to LLCs. Depending on your circumstances, an LLC may allow you to choose a different tax classification. While this option is not right for every business, it can reduce certain tax burdens in some situations. A business law professional or tax advisor can explain whether this approach fits your goals.
There is no single point when every sole proprietor should switch to LLC. Some businesses benefit from making the change early, while others may wait until they face greater financial or legal risks. Therefore, reviewing your business structure with a skilled legal team can help you decide whether an LLC might better support your current needs and future plans.]]>by MacLean and Ema, P.A.<![CDATA[Moving to Florida? Estate planning mistakes and next steps]]>https://www.maclean-ema.com/?p=476882026-07-20T06:37:05Z2026-07-18T17:27:26ZUsing out-of-state estate planning documents
Estate planning documents from another state may not meet Florida's legal requirements. A will, power of attorney or healthcare directive that was valid in another state may no longer work as intended after a move. If these documents do not follow Florida law, families may face delays during critical moments. An attorney can review and update them so the plan continues to serve its purpose when it matters most.
Overlooking Florida homestead rules
Florida law gives primary home legal benefits, including protection from many creditor claims and certain tax benefits. An outdated will or an incorrect property transfer can cause legal problems and reduce those benefits. An attorney can review the estate plan to help ensure it follows Florida law and reflects the family's wishes.
Failing to update assets and beneficiary designations
Some assets pass to the named beneficiary instead of through a will. A trust also cannot serve its purpose unless assets are placed into it. Reviewing every account and document together helps keep the estate plan clear, reduces the chance of mistakes and gives loved ones greater peace of mind when it matters most.
Steps to bring an estate plan in line with Florida law
Reviewing an estate plan after moving to Florida can help prevent problems before they arise. Important steps include:
Update wills and trusts: Make sure they follow Florida law and reflect current wishes.
Replace outdated legal documents: Update powers of attorney and healthcare directives so they meet Florida's legal requirements.
Review property deeds: Check that home ownership follows Florida's homestead laws.
Update beneficiary designations: Confirm that retirement accounts, life insurance and other assets will pass to the intended people.
Fund any trust: Move assets into the trust so it works as planned.
Review the plan after major life events: Retirement, marriage, divorce, buying a home or becoming a parent or grandparent are all good times to make updates.
A clear estate plan can make a difficult time easier for loved ones. An experienced attorney can help ensure the plan follows state law and reflects current wishes.
More than a fresh start
Moving to Florida offers more than a new place to live. It also brings estate planning options that can help protect property, simplify future transfers and support family goals. An attorney can explain the available choices and provide legal guidance needed to start this next chapter of your life.
]]>On Behalf of MacLean and Ema, P.A.<![CDATA[Add “update estate plan” to your divorce checklist]]>https://www.maclean-ema.com/?p=476612026-05-13T22:59:12Z2026-05-13T22:59:12ZMarital changes are among the top reasons to modify your estate plan, and they can significantly shift what you want to do with your assets.
If you previously listed your spouse as the main beneficiary who should receive everything that you own, you may want to change that designation to pass the assets on to your adult children, for example. It’s important to know what the law says about how divorce affects estate plans, even when the person who created the plan doesn’t take steps to change it.
Medical documentation
One key thing to remember is that your estate plan is about more than just your assets. Maybe you already had selected other beneficiaries, so your spouse was not going to receive all of your assets to begin with.
However, if you have a living will providing instructions for medical care if you become incapacitated and listed your spouse as your health care surrogate who can make your medical decisions, you may want to change that, if you haven’t already. Because your marriage is ending, you may want to choose a new surrogate or make different decisions regarding how your care will be handled.
Make sure that you know exactly what legal steps to take to make these updates and alterations to your plan and the appropriate timing for them. Having experienced legal guidance can help.]]>