FAQs
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At SoFlo Business Attorney, we specialize in proactive legal support for small and medium-sized businesses in South Florida. Our core services include business formation (such as LLCs and incorporations), drafting essential contracts (like operating agreements, partnership agreements, employment contracts, and commercial leases), and handling transactions (including asset purchases and sales). We empower entrepreneurs—especially Hispanic business owners—with clear, affordable solutions to build strong foundations and avoid costly litigation.
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Forming an LLC in Florida involves filing Articles of Organization with the Florida Division of Corporations, obtaining an EIN from the IRS, and creating an operating agreement. While you can file DIY, working with a South Florida business attorney ensures compliance with state-specific rules, protects your personal assets, and sets up your business for growth. Our team can handle the entire process in as little as 1-2 weeks, starting at a flat fee—contact us for a free consultation.
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An LLC (Limited Liability Company) offers flexible management and pass-through taxation, ideal for small businesses or solo entrepreneurs seeking simplicity. A corporation (like an S-Corp or C-Corp) provides stronger liability protection and easier stock issuance but involves more formalities, such as annual meetings and double taxation for C-Corps. For South Florida startups, we recommend an LLC for most cases unless you're planning significant investor funding—let's discuss what's best for your goals.
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Yes, while Florida doesn't legally require an operating agreement, it's essential for outlining ownership, profit sharing, and decision-making to prevent disputes. Without one, default state laws apply, which may not align with your vision. As your South Florida business attorney, we'll draft a customized operating agreement to safeguard your interests and support smooth operations.
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Commercial leases in South Florida can be complex, with pitfalls like hidden fees, renewal clauses, or maintenance responsibilities. Key considerations include negotiating rent escalations, exclusive use rights, and assignment options. We can review and negotiate leases to protect your business from surprises, ensuring terms that support your growth. We recommend a legal review before signing to avoid disputes—reach out for expert guidance.
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In Florida, proper due diligence, purchase agreements, and tax planning are crucial to minimize risks. South Florida Business Attorney can walk alongside you to maximize value and avoid pitfalls.
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Absolutely—misclassifying workers can lead to IRS penalties, wage disputes, or lawsuits under Florida law. Employment agreements outline salary, benefits, and non-competes, while independent contractor agreements define project scope, payment, and IP rights. We draft tailored contracts to ensure compliance and protect your business.
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A fictitious name, or "Doing Business As" (DBA), lets your Florida business operate under a name different from its legal entity (e.g., "Miami Fresh LLC doing business as Tropical Bites"). It's required if you're not using your exact registered name and must be filed with the Florida Division of Corporations. Our firm can file it quickly and advise on branding implications to keep your South Florida venture compliant and professional.
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Costs vary by service. We offer flat-fee packages for predictability, avoiding hourly surprises. As a firm dedicated to empowering Hispanic entrepreneurs, we provide transparent pricing to fit your budget—let's chat about your needs.
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Most services, like LLC formation or basic contract reviews, can be completed in 1-3 weeks, depending on state processing times. We prioritize responsive support for busy South Florida owners—schedule a call today to get started and build your business with confidence.
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Florida law does not require a lawyer to complete a business purchase or sale, but legal counsel is strongly recommended. A business closing involves contracts, liability allocation, regulatory compliance, and post-closing obligations that are not addressed by brokers or templates. Legal review helps identify risks before the transaction closes.
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Ideally, a lawyer should be consulted before signing a letter of intent (LOI) or purchase agreement. Early involvement allows legal issues to be addressed while deal terms are still negotiable. If an LOI or contract has already been signed, legal counsel can still advise on next steps and remaining risks.
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In an asset purchase, the buyer acquires selected assets and assumes limited liabilities. In a stock or membership interest purchase, the buyer acquires ownership of the entity itself, including its existing obligations. The appropriate structure depends on tax, liability, licensing, and operational considerations.
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Legal due diligence involves reviewing contracts, leases, licenses, corporate records, and potential liabilities associated with the business. The scope depends on the transaction and helps identify issues that may affect pricing, structure, or post-closing exposure.
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Yes. Business brokers are not permitted to provide legal advice. A lawyer can review and negotiate a purchase agreement drafted by a broker or template provider to address legal risks and clarify obligations before closing.
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Seller-financed transactions involve promissory notes, security interests, default provisions, and enforcement rights. Legal counsel is important to ensure financing terms are properly documented and enforceable under Florida law.
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The timeline varies based on deal complexity, due diligence, financing, and the parties involved. Some transactions close in a few weeks, while others take several months. Legal counsel may help manage timing and reduce avoidable delays.
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No. Representing both parties creates a conflict of interest. A business closing attorney represents only one side of the transaction so that legal advice remains independent and aligned with the client’s interests.