In any real estate or business transaction one of the main goals is to minimize legal risk. Whether the matter at hand involves residential or commercial property, or a business’ assets, such assets are too valuable to take chances with title, leasing, contracts, license transfers, or other real estate and business related matters.
Serving a client’s business interest can sometimes mean handling a dispute. On occasion that means litigating a commercial matter, or defending against a claim. At other times it means negotiating a favorable settlement that avoids litigation risk and expense altogether. Whether your dispute concerns a real estate or business matter, the resolution of such dispute is too important for a cookie-cutter approach.
Our focus extends to international matters. Our domestic and foreign clients retain us for tax efficient-structuring of their cross-border transactions and operations, and international tax planning. Our experience with the U.S. Tax Court allows us to provide our clients with substantive strategies and procedural tactics needed when facing complex tax audits and controversies.
Our practice extends beyond the outcome of trial. When an outcome is adverse to our clients’ rights, we’ll defend those rights through the appellate process. Our experience extends to criminal and civil appeals.
At Mestdagh, Wall & Hamilton, we are result-oriented, and provide thoughtful, high quality counseling that combines ethical legal advice with pragmatic business considerations at a price that is economical.
Real Estate Law
Whether you are buying or selling a home, or contemplating a commercial estate transaction, it is important to know your rights and exposure to risk and have these things explained to you by an experienced real estate attorney. Our attorneys don’t overwhelm you with complicated legal terminology. Our representation of individuals and businesses with their real estate needs over the years has provided us with the experience necessary to tackle some of the most complex legal issues and situations. But this experience doesn’t mean we speak legalese. We communicate our ideas clearly and concisely so that you are aware of all of your options.
Preparing and interpreting contracts, leases and deeds can be complex. It is important to have an experienced real estate attorney handle negotiating, drafting, reviewing and advising you regarding these types of instruments.
A wrongly worded provision can result in a cost or risk that may not have been anticipated and that can have costly repercussions. Our experience ranges from representing individuals in the purchase and sale of a home, to representing large-tract landowners and office buildings and shopping centers landlords with their acquisition and disposition needs. Our understanding of contract law has allowed us to save our clients future expenses and problems.
As a landlord, you need a high-quality lease agreement that protects your interests. A well-crafted lease agreement specifies the terms of your rental arrangement, reduces your potential liability, and helps protect your investment.
As a tenant, you need to be aware of the rights and the potential risks that you face. Understanding these things and making sure you’re interests are protected can affect the success of your business.
Our experienced attorneys take the time to understand the nuances of your needs and to provide you with the personal attention you expect.
If you are closing a real estate transaction and have not hired your own real estate attorney, proceeding without legal review and representation can be risky.
Real estate closings involve the execution and delivery of all necessary documents simultaneously with the payment of the purchase price and the settlement costs of the transaction. While real estate closings may appear to be a relatively simple process with a title company preparing the closing documents, a lack of understanding or proper review of these documents can lead to problems after closing. A real estate closing can be a complex and complicated matter requiring a thorough knowledge of the law.
At Mestdagh, Wall & Hamilton our attorneys represent clients to make sure they are fully protected at closing. In addition to representing clients through the closing process, we also handle closings – we act as closing, title and escrow agent. As a closing agent, we draft the documents necessary to close a transaction. As title agent, we clear title issues and issue title insurance to ensure marketable title to owners and lenders. Our title underwriters are some of the most reputable in the industry, including First American Title, Attorney’s Title, and Westcor. As escrow agent, we hold and disburse funds per the terms of the applicable contract.
Have you purchased a timeshare and wish to get out of the purchase? Florida law allows a buyer of a timeshare to rescind/cancel the purchase contract. Mestdagh & Wall’s attorneys advise clients on how to correctly cancel contracts. If you are outside of the “cooling off” period, you may still have options. In addition to handling rescissions and cancellations, we advise clients on their options in their disputes with timeshare companies. We also assist clients to properly follow procedures to successfully transfer their timeshare interests and units, whether to a spouse, heir, or non-family member.
Our experience includes representing clients in the development of shopping centers, office buildings, residential subdivisions, condominiums and apartment complexes, and other commercial developments.
Real estate transactions can involve great opportunity as well as significant risk. Changing market and economic conditions as well as regulatory and environmental concerns make it necessary to have a top quality real estate attorney by your side. Our real estate attorneys have extensive experience in representing commercial and residential real estate developers in areas of contracts, permitting, declarations, mortgages, title insurance and searches and municipal and county actions.
Call for a FREE consultation – 407-702-6702
International Real Estate Investments
Mestdagh, Wall & Hamilton’s attorneys represent international investors in their purchase and sale of real estate and businesses in Florida. We advise Europeans, Canadians and UK investors on selecting the right entity to provide effective liability protection and tax planning. We also advise clients on their purchase or sale of assets, including reviewing and/or drafting real estate contracts, reviewing matters of title and clearing title. We understand the importance of attention to detail, while being mindful of providing cost-effective counseling.
Ever vigilant to our client’s needs, we make sure they understand the laws that apply to their transaction.
For a FREE consultation, call 407.702.6702
At Mestdagh, Wall & Hamilton we serve a diverse and extensive community of Central Florida clients in a variety of business transactional matters.Our attorneys go above and beyond the practice of law and provide clients with strategic advice and guidance. This business insight and experience is based upon the collective experience of this highly skilled legal team.
Business & Asset Purchase & Sales
On behalf of clients, we frequently participate in the negotiation of terms and the closing of business asset purchase transactions. Our attorneys customarily prepare asset purchase and sale agreements and related documents.
Mestdagh & Wall can manage or participate in all aspects of due diligence and analysis activities, including property assessment and valuation considerations, good standing and active status verification, and much more.
We assist in the selection and organization of a business entity including limited liability companies, family limited partnerships, limited and general partnerships, S corporations, and C corporations.
Mestdagh & Wall often assist with the drafting of agreements governing the ownership and management of a business entity, including limited liability company operating agreements, partnership agreements, corporate by-laws, shareholder agreements, owner buy-sell and equity redemption agreements. We also regularly advise clients in matters of federal income and estate taxation, and provide counsel related to structuring ownership and management affairs to yield greater tax efficiency.
Mestdagh & Wall recovers payment on unsatisfied judicial judgments on behalf of judgment creditors.
We have advanced asset-tracing capabilities and, if necessary, employ licensed investigators to locate a debtor or assets. We will conduct a discreet, thorough investigation to uncover assets or sources of income, and use proper legal means to attempt to seize them. Collection efforts include garnishing wages and bank accounts, and seizing assets as necessary to collect the money to which you are legally and justly entitled.
Mergers and Acquisition
The transfer of ownership of a business may result from events such as retirement, an opportunity for sale or acquisition, or the desire to combine the talents of two enterprises.
Mestdagh & Wall counsels clients as to the structure of such transactions, to determine whether a merger or an acquisition may be more favorable to the client, based upon attendant tax consequences, existing legal responsibilities, and potential future client exposure.
In the process of starting a business, one of the many things that needs to be done is making sure you have the necessary permits and licenses for your business. We can help ensure that you are taking the necessary steps to be in compliance with the government’s rules and regulations.
The type of business license or permit that you need depends on the type of business you operate. But the overarching purpose is the same: to identify your business and to ensure that you are accountable for its actions; to protect the public health and safety; and to keep track of the payment of taxes.
Mestdagh & Wall has successfully represented businesses in Central Florida, making sure they are compliant with their permits and licenses. Call us today to learn more about the how we can help you.
Mestdagh & Wall is comprised of experienced trial attorneys dedicated to the litigation needs of individuals and businesses in Florida. Our attorneys handle the full spectrum of commercial litigation and are known for their highly personalized approach to litigation, working within a client’s objectives and budget. The areas of commercial litigation we focus on all aspects of litigation, including not limited to:
Most business litigation arises over a contract dispute or breach of contract. Often, one side fails to live up to their end of the bargain, or tries to get out of their obligations.
Other times, there is a poorly written contract with ambiguous terms and you need to know how your contract might be interpreted by a court in order to evaluate your rights and options. Or, a situation could arise that no one imagined when the contract was drafted, and there is a difference of opinion about how to interpret the contract. Mestdagh & Wall’s attorneys have your best interests in mind when navigating these complicated situations.
Business Litigation/Shareholder Disputes
Running a business is complicated, and creating a product or service that serves a need and competes with others can be difficult. Lots of things have to go right, and many things can go wrong. Our representation of clients in business matters includes business torts, fraud, corporate and shareholder disputes, officer and director liability, and commercial disagreements.
If your dispute can be negotiated favorably, that will be our strategy. If the issues are suitable for mediation or another method of alternative dispute resolution, we will pursue it. If litigation in court is the only way for you to achieve your goals, we are ready to pursue this route zealously.
Commercial & Residential Foreclosure
Due to the current status of the real estate market in the United States, foreclosures remain high. If you are an individual or a lender that is seeking representation in defending against a foreclosure or enforcing your foreclosure rights, turn to the experienced foreclosure attorney at our office.
Mestdagh & Wall’s attorneys are skilled and professional, and take the time to assess a homeowner’s or a lender’s situation and determine the best way in which to proceed with the foreclosure.
At Mestdagh & Wall, our attorneys have handled a broad range of insurance defense cases, from automobile accident defense, to declaratory judgment actions, to premises liability. We represent individuals and corporations. We work closely with our clients and are responsive to their needs and requests. We are pro-active and provide up-to-date status reports so our clients remain apprised of how their cases are progressing. Each case is unique and requires individual attention. Sometimes a pre-suit mediation is the recommended strategy. Other times, a thorough investigation of a Plaintiff’s case is required. This allows us to significantly reduce the value of a case, and then settle without an expensive trial. If a trial is required, our attorneys are ready to take a case to a jury and seek a favorable verdict.
We offer legal counsel and representation in the following insurance defense areas:
- Construction defect claims
- Automobile Accident Defense
- Premises Liability
If you would like to speak to one of our skilled and experienced insurance defense attorney.
Disputes between a contractor or a construction company and a customer are all too common. Disputes often arise out of delays in getting the work done, defective work, or delayed payments.
Construction disputes can be complex, expensive affairs. No matter the method used to resolve your dispute, you need an attorney who can help you explore your options, pursue or defend your claim, and meet your needs and best interests. Our attorneys have vigorously represented general contractors, subcontractors, materialmen, suppliers, and owners in the following areas of claims and lawsuits:
- Breach of Contract
- Bidding and change order
- Quality of workmanship
- Performance and payment
- Liens and payment bonds
If you are involved in a construction dispute and are dissatisfied with its progression, do not wait.
Landlord Tenant law is a complex area of the law. At Mestdagh & Wall, we understand the intricacies and procedures that need to be followed when representing a landlord or tenant. For example, incorrectly issuing a Three-Day Notice that does not comply with Florida law may cause a landlord to be liable for its tenant’s attorney’s fees. At Mestdagh & Wall our clients range from the individual landlord or tenant to large domestic and international real estate holding companies. Whether small or large, we provide the same quality, attentive and individualized level of service.
For the greatest possible result in enforcing your lease rights or defending them, it is strongly recommended that you have an experienced landlord/tenant attorney represent you. At Mestdagh & Wall we can assist with your landlord/tenant matter.
International Tax and Planning Practice
At Mestdagh, Wall & Hamilton, P.A., we bring under one roof a wide variety of experience and resources to meet the international legal needs of our foreign and domestic clients, whether businesses or individuals. The complimentary skills, including the ability of some of our attorneys to speak multiple languages, allows us to help successful companies and individuals navigate both the global economy and an international lifestyle. Our firm is positioned to assist foreign companies establishing and maintaining a presence in the U.S. or otherwise subject to U.S. laws; and to advise foreign individuals pursuing business and personal interests in the U.S.
Our attorneys can help companies with services ranging from entity formation to business success planning in the international context. We are attentive to the special needs of our business clients who operate in more than one country. We understand that their environment is marked by differing tax laws, governmental regulations and business customs.
Our experience with U.S. international tax law allows us to help foreign companies understand the complex U.S. tax rules that apply to income generated from such U.S. business activities, as mergers, acquisitions, investment in subsidiaries, joint ventures, licensing arrangements, and others. We can also advise on potential exposure to U.S. taxation of non-U.S. sourced income. We are able to determine the most tax advantageous arrangement for conducting U.S. operations – whether through U.S. corporations, partnerships, limited liability companies, or business trusts. Further, we have the ability to advise foreign companies of applicable employment and withholding tax obligations arising from their U.S. activities.
International Taxation of Individuals
Our attorneys are able to help foreign individuals understand their exposure to U.S. federal and state income taxation on income derived from investment and business activities in the U.S. and help clients determine whether exposure may be reduced by conducting U.S. activities through controlled entities and/or off-shore entities.
Our firm has extensive experience with FIRPTA withholding taxes imposed on the sale by foreign persons of interest in U.S. real property.
We can also help foreign persons understand the tax consequences of their activities in the U.S., which potentially can include U.S. taxation on all income, whether sourced in the U.S. or in foreign countries.
Our attorneys have worked with numerous U.S. taxpayers with undisclosed foreign bank accounts, helping them understand their risks of criminal and civil penalties and actions needed to comply with U.S. tax laws.
International Inheritance & Estate Planning
Whether you live in the U.S. and are inheriting from a decedent in a foreign country or live overseas and are inheriting from a U.S. decedent, our attorneys can help you. We can also help you plan for estate succession in the international situation, whether the assets are in more than one country, or the citizenships and/or residence are multinational.
At Mestdagh, Wall & Hamilton, our commercial finance practice encompasses all aspects of real estate finance. Our experienced attorneys work with both financial institutions and borrowers on a variety of commercial lending transactions including acquisition, development, construction and permanent financing, recourse and non-recourse. We work with developers, foreign and domestic investors, and builders, as well as private investors and banks, and advise these clients on financing a variety of asset types and classes, such as fee simple, leasehold and vacant land. These financed real estate properties include shopping centers, office buildings, residential subdivisions, industrial parks, and mixed-use projects.
Through our commercial finance practice, our team is well versed in negotiating and preparing complex real estate documents. At Mestdagh, Wall & Hamilton, our experienced attorneys negotiate loan commitments, review due diligence materials, review title commitments and surveys, draft and negotiate loan documents and opinions, issue title insurance, handle closings and provide escrow services, to name a few. We also assist creditors in loan work-out situations.
For a FREE consultation, call 407.702.6702