Practice Areas

Real Estate Closings - Top

Real Estate Law is a broad category, encompassing many facets of residential as well as commercial real estate.

A real estate closing is a complicated process best handled by attorneys. The closing process includes the drafting and/or review of a contract for purchase and sale, the examination of the chain of title (ownership history) and survey of the property to determine if there are any title defects with regard to the property being sold.  In addition, the closing attorney will be responsible for the preparation, review and explanation of loan, mortgage and other financing documents and the preparation and explanation of all documents necessary to properly transfer title from seller to buyer.

Whether you are purchasing a home or are in need of title insurance, our attorneys will take the time to go over the legal and practical issues related to your residential transaction and to ensure your interests are protected. We are skilled in drafting legal documents preliminary to and involved in effective real estate closings.  We are also capable of handling any action needed to clear title to your property, including but not limited to quiet title actions, probate matters, encroachment and easement issues and all other types of title defects, which we uncover during the title examination.

Commercial real estate includes working with developers, owners, property managers, tenants, financial institutions and investors in all types of commercial real estate transactions. Sale-leasebacks, like-kind exchange and non-traditional financing sources are just a few areas we can assist you with in your commercial real estate closing. Our commercial real estate closing expertise will not only allay the task of extensive paperwork and allow you to take comfort in knowing that your transaction is being handled with the utmost care.

Please contact our office at (904) 461-1411 to arrange a free initial consultation to discuss your real estate closing needs.

Real Estate Litigation - Top

If it involves real estate, Sheppard & Sheppard, P.A.’s experienced staff is able to provide you with sound legal advice and expert assistance in litigating your dispute.  There are any number of circumstances that may lead to real estate disputes between parties, including contract disputes, builder disputes, escrow disputes, evictions and other landlord/tenant disputes, quiet title actions, foreclosure actions, and partition actions, to name only a few.  Regardless of the dispute, you need legal representation to explain your options, protect your rights and resolve your dispute quickly.

Please contact our office at (904) 461-1411 to arrange a free initial consultation to discuss your real estate litigation concerns.

Business Sales - Top

If you are buying or selling a business, you need to be certain that your transaction is handled with the utmost care.  Sheppard & Sheppard’s experienced staff has handled business sale transactions throughout northeast Florida for many years.  In buying or selling any business there are many issues which need to be investigated prior to closing and many safeguards that need to be effectuated at closing to ensure that both parties to the transaction are fully protected.  From contract through closing, you need the expert assistance of an attorney to guide you through this very difficult process.  Your business is one of your most valuable assets as a seller and one of your most valuable acquisitions as a buyer.  Do not leave the contract and closing of your business sale transaction to just anybody.  Be certain to ask any attorney with whom you consult whether they have handled business closings in the past, how many they handle on a regular basis, and what they plan to do in order to protect your interests as a buyer or seller.  In purchasing a business, you want to be certain that you are acquiring all assets, leaseholds and other interests, free and clear of any claims, liens, judgments or other encumbrances.  As a seller, you want to be certain that future liabilities of the business are going to be eliminated at closing.  These are merely a few of many concerns of which you should be aware when entering into any business purchase or sale transaction.  Sheppard & Sheppard, P.A. handles business sale transactions on a regular basis.  Our process is very thorough and all aspects of the transaction are addressed specifically within the closing documents prepared by our attorneys.  No detail is left out in our comprehensive approach to closing your business sale transaction.  In addition to simply closing the transaction, we can assist buyer and seller in preparing any and all ancillary documents to your transaction, including but not limited to non-competition agreements, post closing agreements, lease assignments, and joint venture agreements.  Finally, if your business acquisition should require the establishment of a newly formed corporation, limited liability company or other entity, our professional staff is able to set up your entity from start to finish.  

Any type of business sale requires knowing the legal parameters of the transaction so as not to put you or your company in jeopardy. Whether involving the sale of a company, assets, consumer products or business services, leasehold interest, real property, franchise agreements, licensing agreement or other intangibles, there is no substitute for the services provided by Sheppard & Sheppard, P.A. 

Knowing the legal pitfalls and receiving counsel regarding commercial regulations and laws that govern trade are fundamental to running a successful business. Our qualified attorneys assist clients in drafting and reviewing all of your business sale documentation.   

For legal services in business sales, please call our office at (904) 461-1411 to arrange a free, no obligation consultation.

Contract Drafting and Review - Top

Contracts are the center of any business transaction. For complex business matters or transactions involving substantial sums, a written contract structures clear-cut agreements and clarifies fundamental issues.  Do not underestimate the importance of drafting your contract properly.  If it is not worth writing down, it is not worth saying.  Unfortunately, we live in a society where you cannot rely on a handshake and a smile.  Everything that you agree upon needs to be in writing.  Verbal representations, regardless of how confident you may be in the other party to the transaction, are completely unenforceable in most cases.  Therefore, be certain to reduce any agreement you may have with any other person to writing.  Also, you need to be absolutely certain that the entirety of your agreement with the other party is reduced to writing.  Finally, even after your agreement is drafted and signed, you need to be certain to tend to your agreement so as not to go “out of contract.” 

As the contract is the most important document you will sign, you need to have it reviewed by an attorney.  You should never sign a contract without having it first reviewed by an experienced attorney.  An attorney can explain to you the meaning of terms within the contract, the legal consequences of signing the contract, your options upon signing the contract and the need to include additional terms to fully protect your rights.  Always remember that once you sign the contract, it is a legally binding document which can be enforced against you.  Seeking advice of an attorney after you have already signed a contract will not afford you any protection.  Be certain to seek the advice of an attorney before signing your name to any contract.

Always remember that although there may be standard form contracts that are used in real estate and other industries on a day-to-day basis, you have an absolute right to eliminate provisions from those contracts and add provisions to those contracts.  Every provision of every contract is negotiable and you have an absolute right to make any changes you feel may be necessary before you enter into a contract.  You also need to be aware that there may be provisions in “standard contracts” that are very detrimental to you as a contracting party.  Before you sign any contract, be certain you fully understand the consequences of your actions.  A contract is a very important document that can adversely affect you if you are not fully aware of the consequences.  In this same regard, realtors are not attorneys and you should not rely upon any representation made to you by a realtor regarding the legal consequences of signing any contract.  Although your realtor may give you advice on your real estate transaction, leave the legal matters to your attorney. 

Even if you decide not to seek the advice of an attorney prior to signing your contract, be absolutely certain to read each and every word of your contract.  Many times, contracting parties sign what they refer to as the “standard form contract” without reading all of the provisions.  Learning about matters after the fact can harm you in many ways.  Many contracts, and in particular real estate contracts, are oftentimes the largest dollar number contracts that a person will sign in their lifetime.  Please be certain to take an hour of your time, or however long it may take, to actually read and understand each and every provision of your contract before signing it.  Once again, if you are not pleased with any particular provision, line through that provision before you sign the contract.  Everything is negotiable!

Please contact our office at (904) 461-1411 to arrange a free initial consultation to discuss drafting and/or review of your contract.

Commercial Litigation - Top

Companies can be embroiled in a variety of business disputes, which can take many forms. At Sheppard and Sheppard, P.A. the commercial litigation cases we handle include but are not limited to:

• All types of breach of contract claims
• Commercial disputes
• Construction disputes

An experienced commercial litigation attorney who takes the time to fully review your situation and plan a successful legal strategy can make the difference between victory and disaster.  Skilled in litigation for both plaintiffs and defendants, the attorneys at Sheppard & Sheppard, P.A. are dedicated to providing you with excellence in representation in order to quickly and effectively resolve your business dispute.

Please contact our office at (904) 461-1411 to arrange a free initial consultation to discuss your commercial litigation matter.

Entity Formation - Top

An expert corporate attorney masters a blend of legal and business-related skills to smoothly assist clients in their corporate matters.  Know-how is required in statutory law as well as the local, state, and federal regulations government agencies bring to bear on entities.  Structuring a business entity may involve extensive knowledge in contract law, tax law, accounting, securities law, bankruptcy, intellectual property rights, licensing, zoning laws and other specific business regulations, depending on the transaction.

At Sheppard & Sheppard, P.A. our experienced staff can assist you from start to finish in choosing the proper entity based upon your needs and concerns, forming the entity quickly and properly, obtaining your employer identification number, setting up your internal entity documents, including but not limited to operating agreements and buy-sell agreement and providing all documents necessary to get your business off on the right foot.  Sheppard & Sheppard, P.A. is also available throughout the life of your entity to provide guidance in the form of maintaining your entity’s books in proper order, drafting entity resolutions for larger transactions and providing general advice on the administration of your entity as it grows and changes over time.  Whether you should decide to form a corporation, limited liability company, partnership or other entity, Sheppard & Sheppard, P.A. is able to provide you with sage advice on the pros and cons of each entity to allow you to make an informed decision on the right entity for your business.

When clients are looking for legal advice in entity governance, due diligence reviews of possible acquisitions, partnership governance, business restructuring, or merger opportunities, our attorneys routinely assist them to navigate legal complexities and arrive at profitable decisions.

If you have corporate concerns and are looking for excellent legal advice, please contact our office at (904) 461-1411 to arrange a free initial consultation.

Family Law Litigation - Top

Family law encompasses many areas, all dynamically affecting the lifestyles and relationships common to families.

When life-changing family disagreements arise, litigation may become necessary to achieve a positive resolution.  As unfortunate as the circumstances may be leading up to any family dispute, it is imperative that you keep a clear mind and seek the advice of a competent attorney to guide you through the process.  Decisions of a family court will affect your family and loved ones for many years to come.  Do not trust these important decisions to anyone but a competent attorney. 

Divorce is the most well known area that often requires family law litigation.  In Florida, grounds for divorce are “no fault,” meaning neither party must assume blame and irretrievable breakdown of the marriage is assigned as the underlying cause for divorce.
Other areas of family law that may require litigation include:

Child support Child custody Adoption Legal separation Paternity Property division

Alimony/Spousal Support Pre-nuptial agreements Post Nuptial agreements Domestic violence Restraining orders

Our family law attorneys can answer your legal questions and explain the legal courses of action available to you.  We are committed to assisting you through the most effective and cost-efficient legal means possible in order to achieve the most favorable outcome possible.

Please call our office at (904) 461-1411 and we will arrange a free initial consultation regarding your family law matter.