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James W. Martin

James W. Martin

Board Certified Real Estate Lawyer, Also Practicing Estates, Trusts & Business
  • Real Estate Law, Estate Planning, Probate ...
  • Florida
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Biography

James W. Martin has been a Florida real estate, probate and business attorney in St. Petersburg, Pinellas County, Florida, for over 48 years and has achieved the highest lawyer ratings on Martindale, Lawyers, Avvo, and Super Lawyers.

His practice includes litigation and legal advice regarding Florida real estate, probate, trusts, and business matters.

He is the author of over 10 law books and over 30 articles published in state and national legal publications.

He is Board Certified in Real Property Law by The Florida Bar and is an Adjunct Professor at Stetson University College of Law.

He holds a B.S. Mathematics degree from Stetson University and a J.D. degree from Stetson University College of Law, which inducted him into its Hall of Fame in 2013.

He has served on The Florida Bar Probate Rules Committee and as chair of the St. Petersburg Bar Association probate and real property sections.

He has also served the Salvador Dali Museum in St. Petersburg, Florida, for over 40 years in various capacities, including Trustee, Executive Committee, Secretary, and Attorney.

Practice Areas
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Land Use & Zoning, Residential Real Estate, Water Law
    Estate Planning
    Trusts, Wills
    Probate
    Probate Administration, Probate Litigation, Will Contests
    Business Law
    Business Contracts, Business Dissolution, Business Formation, Business Litigation, Partnership & Shareholder Disputes
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Florida
The Florida Bar
ID Number: 174794
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5th Circuit
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11th Circuit
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U.S. Supreme Court
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US District Court Middle District Florida
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Languages
  • English: Spoken, Written
Professional Experience
Attorney, Shareholder and President
James W. Martin, P.A.
- Current
Adjunct Professor of Law
Stetson University College of Law
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Contract Drafting, Law Practice Management, Legal Drafting
Attorney, Shareholder and President
Martin & Prats, P.A.
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Attorney, Shareholder and President
James W. Martin, P.A.
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Attorney and Partner
Law Offices of Brickley & Martin
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Attorney and Partner
Law Offices of Brickley, Walters & Martin
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Law Clerk
Law Offices of Brickley & Walters
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Education
Stetson University College of Law
J.D. (1974) | Law
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Honors: Freshman Scholarship; Lawyers Co-Op Highest Grade Book Awards in Real Property and Personal Property
Activities: Stetson International Law Society President
Stetson University College of Law Logo
Stetson University
B.S. (1971) | Mathematics
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Honors: Kappa Mu Epsilon Math Honorary Society; Dean's List; Honor Roll
Activities: Student Programmer Stetson University Data Processing Department
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University System of Georgia - Georgia Institute of Technology
Electrical Engineering
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Delta Tau Delta
Activities: Cooperative Education Engineering Student Assistant, U.S. Department of Defense
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Awards
AV Preeminent Rating
Lawyers.com
Top Rated Real Estate Attorney in St. Petersburg, FL (2013-2022)
Thomson Reuters Super Lawyers
AV Preeminent Rating (1981 to 2022)
Martindale.com and Martindale-Hubbell Law Directory
10.0 - 9.9 Rating (2012-2022)
Avvo
Lifetime Achievement Award
Marquis Who's Who
Stetson University College of Law Hall of Fame
Stetson University College of Law
Ben C. Willard Award for Humanitarian Achievements of Distinction
Stetson University College of Law
Who's Who in the World (28th-33rd editions 2010-2016)
Marquis Who's Who
Barbara Sanders Memorial Writing Competition Award
The Florida Bar Journal
For the article "Fifty Tips for Writing the 21st Century Contract That Stays Out of Court"
Who’s Who in America (54th-58th, 62nd-63rd, 65th, 68th & 70th editions 1999-2016)
Marquis Who's Who
Who’s Who in the South and Southwest (23rd & 25th editions 1993-1998)
Marquis Who's Who
Who’s Who of Emerging Leaders in America (2nd & 3rd editions 1989-1992)
Marquis Who's Who
Who’s Who in Entertainment (1st-3rd editions 1988-1997)
Marquis Who's Who
Who’s Who in American Law (5th-15th editions 1987-2007)
Marquis Who's Who
Young Man of the Year
Sunshine City Jaycees
Award for Outstanding Contributions to the Betterment of the Community (Dali Museum)
St. Petersburg Area Chamber of Commerce
Professional Associations
Salvador Dali Museum, Inc.
Trustee, Executive Committee, Secretary, Assistant Secretary, Vice Chairman
- Current
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American Law Institute Continuing Legal Education
Editorial Board, ALI-CLE The Practical Lawyer
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St. Petersburg Bar Association
Chair, Business Law Section
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St. Petersburg Bar Association
Chair, Real Property Section
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St. Petersburg Bar Association
Chair, Probate & Guardianship Section
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Florida Trust for Historic Preservation
Board of Directors
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Pinellas County Arts Council
Councilmember
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St. Petersburg Area Chamber of Commerce
Focus St. Pete Planning Committee 1997-2001; Internationalization Task Force 1981; Parking & Transportation Committee chair 1989-91; Board Attorney 1991-92; Urban Solutions Council Chair 1992-94; Downtown Council Chair 1993-94
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St. Petersburg Bar Association
Chair, Probate & Guardianship Section
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The Florida Bar Probate Rules Committee
Committee Member
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Florida International Museum, Florida Cultural Exhibitions, Inc.
Trustee, Attorney, Secretary
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The Florida Bar Coordinating Committee on Technology
Chair and Vice Chair
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Leadership Tampa Bay
Charter Class Graduate and Board of Directors
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Bring Back the Vinoy, Inc.
Founder, President, Director
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City of St. Petersburg Arts Advisory Committee
Committee Member
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Tampa Bay Regional Planning Council
Councilmember
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City of St. Petersburg
Councilman
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The Florida Bar Real Property Probate and Trust Law Section
Chair, Law Office Management Committee
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Stetson University Alumni Association
Board of Directors
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Leadership St. Petersburg
Graduate and Planning Committee
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Legal Aid Society of St. Petersburg, Florida
Board of Directors
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The Florida Bar Economics of Law Practice Committee and Law Office Management Section, and LOMAS
Secretary, Executive Council, Seminars Committee Chair
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St. Petersburg Bar Association
Chair, Law Office Management Committee
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St. Petersburg Bar Association
Chair, Lawyers Handbook Committee
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Publications
Articles & Publications
How To Form a Florida LLC or Limited Liability Company — A Guide for Lawyers (Ebook and Paperback Book)
James W. Martin, P.A.
How To Form a Florida Business Corporation — A Guide for Lawyers (Ebook and Paperback Book)
James W. Martin, P.A.
How To Form a Florida Nonprofit Corporation — A Guide for Lawyers (Ebook and Paperback Book)
James W. Martin, P.A.
Fifty Tips for Drafting Contracts (With Sample Provisions)
The Practical Lawyer, American Law Institute Continuing Legal Education
All Lawyers Are Solos — Aren't We?
The Practical Lawyer, American Law Institute Continuing Legal Education
Tips for Handling the Complex Real Property Transaction (With Forms and Checklist)
The Practical Real Estate Lawyer, American Law Institute Continuing Legal Education
Solo Practice Management Basics
The Practical Lawyer, American Law Institute Continuing Legal Education
Ten Tips for Handling Complex Probate
The Florida Bar Journal
Why You Need an Employee Policy for Electronic Information
The Practical Lawyer, American Law Institute - American Bar Association
Why You Need an Employee Policy for Electronic Information
Family Advocate, American Bar Association Family Law Section
I Want to Sign an Electronic Will
The Practical Lawyer, American Law Institute - American Bar Association
Don't Print That Email
The Practical Lawyer, American Law Institute - American Bar Association
Ten Tips for Handling Complex Probate (With Forms)
The Practical Lawyer, American Law Institute - American Bar Association
Going Paperless … Or Not?
The Practical Lawyer, American Law Institute - American Bar Association
A Model Electronic File Policy for the Law Office
The Practical Lawyer, American Law Institute - American Bar Association
May I Shred My Scanned Paper Files?
The Florida Bar News
Converting from Paper to Electronic Files
The Florida Bar News
I Want to Probate a Will in Federal Court
The Florida Bar News
West's Legal Forms, Nonprofit Organizations, Chapter 25, Specialized Forms, Volume 29 (4th Edition) (Book)
Thomson Reuters West Publishing Co.
How to Sue an LLC Member Without Piercing the Corporate Veil
The Florida Bar News
Is the Law of the Body a Body of Law?
The Florida Bar News
Be Careful Using Form Real Estate Contracts
The Florida Bar News
The Technology You Need to Project Vision of Your Case
The Practical Litigator, American Law Institute - American Bar Association
Forget To Put Your Client's Address in the Judgment?
The Florida Bar News
Construction Contractors in Florida Are Incorporating
The Florida Bar News
Drafting the Contract or Settlement Agreement That Stays Out of Court
The Brief, Tort, Trial & Insurance Practice Section, American Bar Association
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 25, Specialized Forms, Volume 29 (3rd Edition) (2003 Cumulative Supplement)
Thomson Reuters West Publishing Co.
A Simple Computer File Management System for Lawyers
American Law Institute - American Bar Association, CLE Review
The Technology You Need to Project Vision of Your Case
The Florida Bar News
Drafting the Contract or Settlement Agreement That Stays Out of Court
The Best Articles Published by the ABA, General Practice, Solo & Small Firm Section, American Bar Association
A File Management System for Lawyers
The Florida Bar News
Jim's Three Favorite Technology Tools
The Florida Bar News
Law Limits Homeowners’ Rights to Sue Contractors
The Florida Bar News
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 25, Specialized Forms, Volume 29 (3rd Edition) (2002 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Forming a Small Music Business — The Who Meets the Whys and the Wherefores
The Practical Lawyer, American Law Institute - American Bar Association
Drafting the Settlement Agreement That Stays Out of Court
Tort, Trial & Insurance Practice Section, American Bar Association Annual Convention, Chicago
Tips for Drafting Purchase Contracts
Lorman Education Services
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 25, Specialized Forms, Volume 29 (3rd Edition) (2001 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Putting Your Entertainment or Sports Client's Nest Egg in Florida — Legal Ways to Preserve Wealth
The E.A.S.L. Newsletter, The Florida Bar Entertainment, Arts & Sports Law Section
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 25, Specialized Forms, Volume 29 (3rd Edition) (2000 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Fifty Tips for Writing the 21st Century Contract That Stays Out of Court
The Practical Real Estate Lawyer, American Law Institute - American Bar Association
Fifty Tips for Writing the 21st Century Contract That Stays Out of Court
The Florida Bar Journal
New Law Says File Money Judgments with Department of State
The Florida Bar News
How to Write Letters Nonlawyers Will Read (With Sample Letters)
The Practical Real Estate Lawyer, American Law Institute - American Bar Association
Florida Jurisprudence Forms, Legal & Business, Volumes 1 through 15 (1999 Cumulative Supplement)
Thomson Reuters West Publishing Co.
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 25, Specialized Forms, Volume 29 (3rd Edition) (1999 Cumulative Supplement)
Thomson Reuters West Publishing Co.
How to Write Contracts and Other Documents as a Professional in a Mechanistic World
The Practical Real Estate Lawyer, American Law Institute - American Bar Association
How to Write Letters Nonlawyers Will Read (With Sample Letters)
The Florida Bar News
Florida Jurisprudence Forms, Legal & Business, Volumes 1 through 15 (1998 Cumulative Supplement)
Thomson Reuters West Publishing Co.
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 25, Specialized Forms, Volume 29 (3rd Edition) (1998 Cumulative Supplement)
Thomson Reuters West Publishing Co.
How to Write Contracts and Other Documents as a Professional in a Mechanistic World
The Florida Bar News
Fifty Tips for Writing the Contract That Stays Out of Court
The Practical Real Estate Lawyer, American Law Institute - American Bar Association
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 25, Specialized Forms, Volume 29 (3rd Edition) (Book)
Thomson Reuters West Publishing Co.
Fifty Tips for Writing the Contract That Stays Out of Court
The Florida Bar News
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 26, Specialized Forms, Volume 29 (2nd Edition) (1996 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Florida Legal Forms — Business Organizations, Volumes 1 and 2 (1995 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Florida Legal Forms — Real Estate Transactions, Volumes 3 and 4 (1995 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Florida Legal Forms — Specialized Forms, Volumes 8 and 9 (1995 Cumulative Supplement)
Thomson Reuters West Publishing Co.
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 26, Specialized Forms, Volume 29 (2nd Edition) (1995 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Florida Legal Forms — Business Organizations, Volumes 1 and 2 (1994 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Florida Legal Forms — Real Estate Transactions, Volumes 3 and 4 (1994 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Florida Legal Forms — Specialized Forms, Volumes 8 and 9 (1994 Cumulative Supplement)
Thomson Reuters West Publishing Co.
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 26, Specialized Forms, Volume 29 (2nd Edition) (1994 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Florida Legal Forms — Business Organizations, Volumes 1 and 2 (1993 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Florida Legal Forms — Real Estate Transactions, Volumes 3 and 4 (1993 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Florida Legal Forms — Specialized Forms, Volumes 8 and 9 (1993 Cumulative Supplement)
Thomson Reuters West Publishing Co.
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 26, Specialized Forms, Volume 29 (2nd Edition) (1993 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Basic Legal Asset Protection and Estate Planning Concepts for Florida Residents
National Center for Preventive Law
Execution of Florida Legal Documents
West Publishing
Florida Legal Forms — Business Organizations, Volumes 1 and 2 (1992 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Florida Legal Forms — Real Estate Transactions, Volumes 3 and 4 (1992 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Florida Legal Forms — Specialized Forms, Volumes 8 and 9 (1992 Cumulative Supplement)
Thomson Reuters West Publishing Co.
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 26, Specialized Forms, Volume 29 (2nd Edition) (1992 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Florida Legal Forms — Business Organizations, Volumes 1 and 2 (1991 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Florida Legal Forms — Real Estate Transactions, Volumes 3 and 4 (1991 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Florida Legal Forms — Specialized Forms, Volumes 8 and 9 (1991 Cumulative Supplement)
Thomson Reuters West Publishing Co.
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 26, Specialized Forms, Volume 29 (2nd Edition) (1991 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Sincerely Yours Letter-Writing Macros
WordPerfect Magazine
Florida Legal Forms — Business Organizations, Volumes 1 and 2 (Books)
Thomson Reuters West Publishing Co.
Florida Legal Forms — Real Estate Transactions, Volumes 3 and 4 (Books)
Thomson Reuters West Publishing Co.
Florida Legal Forms — Specialized Forms, Volumes 8 and 9 (Books)
Thomson Reuters West Publishing Co.
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 26, Specialized Forms, Volume 29 (2nd Edition) (1990 Cumulative Supplement)
Thomson Reuters West Publishing Co.
Notes from the Shell — Combining Notebook with WP Merge
WordPerfect Magazine
Printing Special Characters
WordPerfect Magazine
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 26, Specialized Forms, Volume 29 (2nd Edition) (1989 Cumulative Supplement)
Thomson Reuters West Publishing Co.
A Ban on Adult Only Communities and Much More — The Fair Housing Amendments Act of 1988
Probate & Property, American Bar Association, Real Property, Probate and Trust Law Section
26 ALT Key Macros
WordPerfect Magazine
Legal Documents — Typeset Your Own With WordPerfect 5.0
WordPerfect Magazine
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 26, Specialized Forms, Volume 29 (2nd Edition) (1988 Cumulative Supplement)
Thomson Reuters West Publishing Co.
What I Bought Today — Of Scanners and Other Lawyer's Tools
ABA Section of Economics of Law Practice, Word Processing User Groups
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 26, Specialized Forms, Volume 29 (2nd Edition) (1987 Cumulative Supplement)
Thomson Reuters West Publishing Co.
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 26, Specialized Forms, Volume 29 (2nd Edition) (Book Chapter)
Thomson Reuters West Publishing Co.
A Client Letter
The Practical Lawyer, American Law Institute - American Bar Association
How To Protect the Plaintiff in a Structured Settlement of a Personal Injury Case
Trial Magazine, American Trial Lawyers Association
LOM's Florida Corporation System Manual (Book)
LOM Press, Inc.
Speaking Engagements
Basics of Contract Drafting, Basic Transactional Law
The Florida Bar CLE Committee and Young Lawyers Division
Drafting Settlement Agreements (That Stay Out of Court)
The Florida Bar Real Property, Probate and Trust Law Section, Construction Law Committee
Basics of Contract Drafting, Basic Transactional Law 2016
The Florida Bar CLE and Young Lawyers Division
Tips for Handling the Complex Real Property Transaction, Webinar Planning Chair and Panelist
American Law Institute Continuing Legal Education
Getting to Paperless: A Lawyer or Law Firm’s Step by Step Guide, Basic Technology in the Law Practice
The Florida Bar Young Lawyers Division
Tips for Handling the Complex Real Property Transaction
St. Petersburg Bar Association Real Property Section
Solo Practice Management Basics, Solo Practice Institute
Stetson University College of Law
An Introduction to the Paperless Law Office
James W. Martin, P.A.
Snakes in the Grass: Hidden Real Property Issues in Probate
St. Petersburg Bar Association Real Property and Probate Sections
Ten Tips for Handling Complex Probate
St. Petersburg Bar Association Probate & Guardianship Section
Drafting a Clear As-Is Agreement, Everything You Always Wanted to Know About the As-Is Sale But Were Afraid to Ask
St. Petersburg Bar Association Real Property Section
Drafting the Settlement Agreement That Stays Out of Court, Presidential Showcase Program, Litigating with Power and Professionalism, ABA Convention, Chicago
American Bar Association Tort & Insurance Practice Section
Forming a Small Music Business: The Who Meets the Whys and the Wherefores, Does Size Matter? Representing the New Breed of Independent Labels, Annual Retreat Seminar
The Florida Bar Entertainment, Arts and Sports Law Section
The Lawyer's Conscience: Professionalism and Ethics in Writing, The Florida Bar Convention
The Florida Bar Journal & News
Writing the Contract that Stays Out of Court, The Florida Bar Convention
The Florida Bar Journal & News
How to Write Letters Nonlawyers Will Read, The Florida Bar Convention
The Florida Bar Journal & News
The Lawyer's Conscience: Professionalism in Writing Contracts and Wills for a Mechanistic World, The Florida Bar Convention
The Florida Bar Journal & News
Writing the Contract that Stays Out of Court, The Florida Bar Convention
The Florida Bar Journal & News
Writing the Contract that Stays Out of Court, The Florida Bar Convention
The Florida Bar Journal & News
Nonprofit Corporations in Florida
The Florida Bar Business Law Section
Certifications
Board Certified in Real Estate Law
The Florida Bar
Websites & Blogs
Website
James W. Martin's Website Profile
Website
James W. Martin, P.A. Website
Blog
jamesmartinpa-com
Legal Answers
8 Questions Answered
Q. We have a air conditioning unit left on our property by a contractor, can we sell or give this away without repercussion
A: Florida Statutes Chapter 713 governs construction liens in Florida and allows contractors to obtain liens on real property and also allows materialmen to obtain liens on real property so it is possible that the contractor or its supplier could obtain a lien on the real property. Therefore, the owner of the real property should engage a lawyer to assist in returning to the rightful owner the material that was provided and left on the real property. The rightful owner might be the contractor or it might be the contractor's supplier or perhaps even someone else.
Q. I'm starting a business as a sole proprietor in Florida do I need a DBA to use my initial and last name?
A: See F.S. 865.09 here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0865/Sections/0865.09.html
Q. If a seller fsbo had no agent and the buyer is a broker does the seller owe him a commission for buying their house?
A: See Florida Statutes Section 475.278 here regarding broker disclosure requirements: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0475/Sections/0475.278.html
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Contact & Map
James W. Martin, P.A.
St. Petersburg
Pinellas County, FL 33701
Telephone: (727) 821-0904