Business Law Services

The Law Office of Pelayo Duran offers a wide range of legal services for the small and medium business. We believe in creating relationships with our clients that are long lasting and beneficial in many ways. Our aim is to get to know you and your businesses almost as well as you do. This focus lets us represent you in any situation and reach solutions today, that take into account your plans for tomorrow. This approach truly lets us give you “solutions and advice for peace of mind”.  

BUSINESS SURVIVAL:

  • Organizing Legal Survival Strategies for your business
  • Strategic Non-Payment Analysis and Plans
  • Commercial Evictions, Landlord Tenant Work-Outs
  • Loan, Debt and Contract Re-Negotiation
  • Legal Assistance for Businesses in technical default
  • Loan Modification, Forbearance and Deferments Agreements
  • Relief from foreclosure CARES act 4023
  • Commercial Foreclosures Defense, Short Sales and Distressed Properties
  • Defending Property Foreclosures with Bankruptcy Reorganization
  • Reorganizing the Business under Federal Bankruptcy Protection. (See Bankruptcy section for more information on Bankruptcy protection, reorganization, and liquidation)  

COMMERCIAL REAL ESTATE LAW

When buying or selling commercial real estate, you need a lawyer who can help you understand the legal aspects of the transaction. When you engage the Law Office of Pelayo Duran to oversee your commercial real estate transaction, you won’t find yourself overwhelmed with complicated legal terminology. We will be able explain all aspects of your transaction clearly and concisely so that you have a clear understanding and awareness of all of your options.

Our Real Estate legal staff is ready to assist you in any type of property transaction including:

  • Commercial and Residential Closings and Refinances
  • Commercial Short Sales
  • Foreclosures Defense and Distressed Properties
  • Foreclosure Re-sales
  • Contracts for Purchase or sale
  • Contract drafting and negotiation
  • Disputes between Landlords and Tenants, including evictions
  • Lease Drafting
  • All Mortgage transactions
  • Title insurance and
  • Title Searches

GENERAL BUSINESS LITIGATION

  • Commercial Evictions
  • Contracts, Business and Commercial litigation
  • Controversies between partners and shareholders
  • Controversies with commercial tenants and landlords
  • Non-payment of receivables, payables or rents
  • Illegal interference with contracts and business relationships
  • Breach of fiduciary duty
  • Non-compete agreements
  • ADA Architectural and Web Accessibility Barriers
  • Overtime and Wage and salary disputes
  • General Employment Litigation including:
    • Age Discrimination
    • National Origin Discrimination
    • Race Discrimination
    • Sex Discrimination
    • Religious Discrimination
    • Work Place Retaliation
    • Whistle Blower Claim
    • Unsafe Working Conditions, Department of Health or OSHA
    • Constructive Discharge

LABOR AND EMPLOYMENT PRACTICES  

  • EEOC Investigations
  • Internal investigations into complaints of harassment or discrimination
  • Human Resources and employment procedures
  • Employee Handbooks
  • Arbitration Agreements
  • Payroll Best Practices including tip credit, tip pooling, commissions exemptions  
  • Salary and wage litigation

BUSINESS PURCHASERS

  • Preparation of contracts for purchase of business, including attending the closing, drafting closing documents recording and escrow services.
  • Negotiations and review of business leases with landlords, tenant their brokers and/or attorneys.
  • Transfer of occupational, alcohol and tabaco
  • Coordinating with your accountant, Department of Revenue, and other governmental authorities when warranted
  • conducting searches and recording of liens and satisfactions in all appropriate debt registries,

BUSINESS SELLERS

  • Preparation of contracts for sale of a business, including attending the closing, drafting closing documents recording and escrow services.
  • Negotiations and review of right of first refusals and business leases, with landlords, tenant their brokers and/or attorneys,
  • Oversee Transfer or application of occupational, alcohol and tobacco  
  • Coordinating with your accountant to make sure that the proper price and allocation of base to minimize tax consequence for you,
  • Managing payment and cancelation of existing liens recording of liens and satisfactions in all appropriate debt registries,

BUSINESS CONTRACTS  

  • Partnership Agreements
  • Leases
  • Product representation or dealership
  • Contracts for purchases or sales of supplies or products and raw material
  • National and International agency and corporate representation,
  • Employment or subcontracting
  • Management Shareholder and operating agreements
  • business leases

ADMINISTRATIVE PROCEDURES

  • EEOC, OSHA, DBPR and DOH investigations
  • Difficulties with licensing and occupancy of a business
  • Environmental Contamination problems and solutions
  • Defense of County and City or licensing violations
  • Troubles with licenses, alcohol, food stamps, and others

BUSINESS ENTITY FORMATION

  • Forming LLC, LP, and corporation
  • Shareholder and operating agreements
  • Joint Ventures
  • Amending Articles of Incorporation, Organization and owner’s agreements
  • Entity Dissolutions

 

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