New Orleans Real Estate & Corporate Law Blog

Coronavirus raises employment law, safety concerns in Louisiana

Workers across the United States are navigating unfamiliar waters during the unprecedented measures taken to stop the spread of the latest coronavirus. Employees may be feeling concerned about their safety and confused about their rights, especially if their workplaces remain in operation during the crisis. Some areas of employment law may be challenged in the name of safety, and Louisiana workers may turn to legal professionals to find the answers to their questions.

The virus spreads rapidly and has resulted in thousands of deaths across the world, and workers in the United States may be understandably worried for their own health and the health of their families. Employers have the responsibility to keep their workers safe from harm, and protecting them from the coronavirus may be a primary safety concern these days. Therefore, while a boss can send someone home who looks ill, an employer may violate workers' rights by requiring them to submit to having their temperatures taken.

Considerations before buying residential real estate in 2020

Buying a home is an important step, but it is one that comes with significant financial ramifications if something goes wrong. Before moving forward with a residential real estate purchase this year, prospective Louisiana homeowners may find it beneficial to consider all of their options and do all of their homework first. This can help them avoid complications and setbacks down the road.

There are many reasons why 2020 could be a good year to buy a home. Interest rates remain low, and the economy is strong, both of which are common factors in the decision to make a real estate purchase. In fact, many millennials are likely to buy homes this year. This generation is prone to rent for longer or live at home for various financial reasons. Now that millennials are in their early 30s, many are looking to jump into homeownership.

Know these common construction litigation factors

Construction litigation is a serious concern for many home and business owners. Having these projects completed often requires that they put up a considerable sum of money. Unfortunately, they don't always go from start to finish seamlessly. Most people know to expect some issues with a construction project, but they don't expect serious or constant issues to creep up.

There are many factors that can lead to construction litigation. It is imperative that anyone who is going to undertake one of these projects knows about the more common ones so they can try to avoid them.

Does a breach of contract require construction litigation?

Any type of construction project is a big deal. In most cases, Louisiana residents cannot complete a construction project on their own, and they must hire professionals. While this can often ensure that the work is done correctly, it could also lead to construction litigation if the company breaches the contract.

First, it is important to note that not all contract breaches require a lawsuit. In some cases, the breach may be minor or nonmaterial, which means that the breach does not cause any major disruption to the project or its outcomes. As a result, there is little reason to move forward with litigation when there may not be any damages or any major damages to address. One minor breach of contract that may not result in material damages is construction workers showing up to a job site late.

Real estate litigation ensues after broker violates duty

The real estate market is immensely competitive. Depending on the actions a person takes with a piece of property and when those actions are taken, that individual could stand to pocket a substantial profit from a transaction. However, real estate litigation could ensue if one person feels that an agent or broker did not act in an upstanding manner.

Louisiana readers may be interested in a lawsuit recently filed in another state against a real estate broker. Reports stated that the suit was filed by the former owner of a home and came as the result of the broker's son purchasing the property and making a substantial profit after flipping it. Apparently, the original owner of the property believes that the broker drove down the price of the property to her son's benefit and did not disclose to the owner that the buyer was her son, which violates the state's law.

You can focus on work with a business law firm on your side

You started your Louisiana company with the intention of serving your customers or clients and making a profit. Even if you anticipated the amount of work it would take, you may not have anticipated the amount of legal matters you would encounter on a daily, weekly or monthly basis. If you work with a business law firm, you can get back to the part of your business you like.

Opening a business alone requires addressing a number of legalities. Entity formation documents, operating agreements, bylaws and more require your attention. If you take advantage of the experience and knowledge of an attorney, you increase the chances everything will be done correctly the first time. Now that you are up and running, that sentiment does not go away.

Protecting your interests while purchasing a home

Buying a home is a major decision that comes with significant benefits and risks. Owning a home can help a person establish firm financial footing or bring financial disaster, if the transaction is not handled properly. Whether you are buying a home for the first time or have already purchased real estate in the past, there are many issues that may arise during the home buying process. Protecting your interests throughout a real estate transaction takes attention and careful planning, especially when purchasing an older home.

As you move through the real estate purchasing process, make sure to review all your documents carefully. Understanding the details of complex legal documents like those used in real estate is not easy, so it is important to use high-quality legal resources and guidance as you need them, to keep your personal and financial interests secure.

Partnership agreements have their place in business

Going into business with a partner can have a lot of benefits, but it is not without its problems either. Business partners do not always end up getting along, disputes arise, and how those disputes are handled can make or break a company. A partnership agreement is a legally binding contract that business owners in Louisiana can use to keep partnerships running smoothly or help them dissolve smoothly if they are not working out as initially planned.

What might one want to include in a partnership agreement? No detail is too small in such contracts. A good contract will typically have the following information:

  • Ownership percentages
  • Profit and loss distribution
  • Description of powers
  • Partnership termination information
  • Partner buyout instructions
  • Partnership term
  • Tax status

What should I know about nondisclosure agreements?

There is a lot more that goes into building a thriving business than many people realize. Trade secrets and other forms of intellectual property are often the foundation upon which a successful business sits. Keeping that intellectual property secret is key to continued growth. In Louisiana, nondisclosure agreements are one of the most effective ways to keep that essential information away from the public and other businesses.

Employees and even partners are frequently asked to sign nondisclosure agreements. A typical nondisclosure agreement will address what information must be kept confidential, the length of the agreement and several other specifics. Agreements must also be reasonable, meaning that they may not be vague, too broad or impose significant burdens on those that sign them. Otherwise they may not be enforceable, even if willingly signed.

Preparing to buy a home in the coming year

At the beginning of a New Year, many people will be looking for a fresh start. For some, this means finding a new home in Louisiana. Shopping for a house can be an exciting process, but it is also a major legal and financial transaction. This means it is important and beneficial for a potential buyer to start planning and preparing now to take the step of buying a house.

One thing to consider is the fact that there are many people shopping for homes at the first of the year. As mortgage rates are remaining low, this will likely mean more competition for people exploring the market. Experts suggest that there could be an increase of as many as 700,000 mortgages taken out over the next three years by new homeowners. Many millennials are considering home ownership as well after years of renting.

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