AI Still Makes Things Up: Why Professionals Must Remain the Experts

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Artificial intelligence is a powerful tool, a great staring point to starting a project or an article for social media, but we must remember that it isn’t infallible.  We should still check to see if the information it provides is reliable.

A recent legal research experience reminded me that diligence and human judgment remain essential in the age of AI.

I recently used artificial intelligence to assist with legal research. I was working on a matter involving South Carolina property law and asked the AI to identify case law about the possibility of changing ownership from Tenants in Common to Joint Tenants with Rights of Survivorship, post death of the parties, if the deed, when signed, was signed with a misunderstanding as to type of ownership. The AI returned what looked like a legitimate and useful citation: Durham v. Blackard, 255 S.C. 202, 177 S.E.2d 601 (1970).

It even provided a case summary: (This portion is from my conversation with the chatbot)

I took out the parts where I ask it nicely to perform a function.  My wife likes to make fun of me for saying please and thank you to the AI.  I tell myself, politeness doesn’t cost anything, but in reality, when the AI takes over the world and comes for us, I know it’s going after the rude ones first.

“Facts: Parties sought reformation of a deed due to mutual mistake.

Holding: Reformation was allowed only upon clear and convincing evidence that the deed failed to reflect the parties’ true intent.”

Unfortunately, the case didn’t exist. There is a Durham v. Blackard, but it’s a 1993 decision involving fraudulent conveyance under the Statute of Elizabeth. It has nothing to do with mutual mistake at the time of signing the deed.

I brought up the fake case and the made-up content to the AI and it gave me another case.   Creekmore v. Redick, 246 S.C. 423, 143 S.E.2d 251 (1965). The summary it produced sounded plausible and relevant, claiming the case dealt with a mistaken property description and supported deed reformation.

But once again, I could not locate any such case in South Carolina’s reported decisions. The case was simply fabricated, citation, summary, and all. Here is the AI’s response when I once again informed it that it made up a case.

“Apologies for the earlier citation errors. Upon further review, I found that the case Creekmore v. Redick does not exist in South Carolina case law. I regret any confusion caused by these inaccuracies.”

This experience underscores a reality that many professionals are beginning to discover: AI can still make things up. It will confidently produce answers that look right, sound authoritative, and might even contain accurate legal principles, but unless you already know the area well, it can be nearly impossible to spot where the technology fabricates.

This is particularly dangerous in a field like law, where the foundation of our work is truth, precedent, and precision.

Artificial intelligence can be a useful starting point for organizing thoughts, identifying issues, or framing arguments, but be cautious about trusting it to finish the job. It is not a substitute for subject matter expertise.

As professionals, we cannot blindly accept what AI gives us. We must remain vigilant, verify sources, and apply our judgment. We are the subject matter experts, not IT.

Estate Planning 101: The Different Types of Wills

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Let’s be honest; no one likes to talk about their last wishes when they pass away. Unfortunately, this is a conversation everyone should have with their family members to ensure their assets are transferred to their designated beneficiaries without any issues.

Several types of wills are available that work best for specific situations and others that may not fit your needs. To learn more about these different wills and how they can benefit you and your family, continue reading below. We will cover all you need to know about these different types of wills and who you can contact for more information.

Simple Will

Of all the different types of wills, this one is relatively straightforward. With a simple will, you can list who receives your assets and who will be the guardian over your children if you pass away prematurely.

With this type of will, you can declare:

  • How do you want to give away your assets
  • Who receives what kind of asset
  • Who will be the listed executor of your estate

If you have a complicated estate where you own a business or your estate will be heavily taxed, you should opt for a different type of will.

Other situations where you should not use a simple will:

  • You want to leave land to your children or another family member
  • You have children from a previous marriage
  • You need to set up a special needs trust
  • You have reason to believe someone will challenge your will

When in doubt, you can reach out to a reputable estate planning attorney to help you figure out which types of wills work best for your situation.

Testamentary Trust Will

A testamentary will is a trust you place certain assets into for your benefit. A named trustee will handle the trust on your behalf when you pass away. This is an excellent option if you have beneficiaries that are minors or who are people you don’t want to inherit and handle on their own.

This type of will allows you to place conditions on how your beneficiaries receive the assets. For example, you can put instructions to release a certain amount of money or a particular asset to become available when a child graduates college or when someone gets married.

Living Will

A living will isn’t an actual will; instead, it is a statement of your last wishes. This living will covers how you wish to be medically cared for and if the hospital can or cannot use any life-saving measures. For example, if you were to go into a vegetative state, would you want the staff to keep you alive via machines, or would you want them to take you off life support.

Having a living will in place takes the health-care decision burden off of your family. If you want to ensure that your medical-related wishes are honored, you should make sure to have a living will put in place.

Holographic Wills

Holographic wills aren’t the sci-fi floating document you may be picturing right now. Instead, these wills are entirely written in your handwriting, and the witness and notary requirements that come with wills are less stringent than a holographic will.

The main issue with these types of wills is they are more ambiguous. This means it can cause problems with your beneficiaries as they may have different opinions regarding your final wishes. One beneficiary may think you mean one thing, whereas another can interpret your wishes as something else.

Joint Wills

A husband and a wife typically create joint wills. For example, one spouse may agree to leave the entire estate to the other if one of them were to pass away before the other.

These wills were a bit more common back in the day because they saved a lot of time and money, but times have changed. The surviving spouse can’t change a joint will without the other spouse’s permission. So if you were to remarry, the assets in the joint will can’t and won’t transfer to your stepchild in your new relationship.

Oral Wills

Oral wills are, as the name implies, a will spoken verbally to one or more witnesses. Most states don’t recognize these types of wills because they aren’t concrete and are hard to decipher correctly. Generally, they aren’t acceptable unless the will is spoken while you’re on your deathbed.

Will vs. Trust

Trusts and wills are both excellent tools used for estate planning, but one only works during a significant life event, whereas you can use the other while alive. Wills and trusts are both set up while you are alive, but wills only kick into effect when you pass away. A trust can be used during your life or go into effect when you pass away.

Different Types of Trusts

Just like there are several different types of wills available for you to use, there are other trusts that you can use. For example, you can use an irrevocable trust to protect your assets from creditors. With an irrevocable trust, you give up your ownership rights to assets when you transfer them. A trustee manages these types of trusts.

Special Needs Trust

As mentioned earlier, if you need a special needs trust, you won’t be able to list your wishes in a simple will. If you are concerned about the financial need of a beneficiary with a disability, you can create a special needs trust.

These legal arrangements enable your beneficiaries to receive financial support from the trust without jeopardizing their state or federal public assistance program eligibility. You should contact a reputable estate planning attorney if you need a special needs trust. The last thing you need is for your loved one to lose access to supplemental security income or other federal benefits because the trust affects their income.

What Happens if You Die without a Will?

If you die without a will, the distribution of your assets and property must go through probate. The state handles this process. In general, the court must declare someone as the executor of your estate before they can handle sorting through your debts and assets.

In general, the court allows a portion of your estate to go to your surviving spouse, and they will divide the remaining assets amongst your children if you have any. The court does not take in any factors that may influence it to divide the assets unequally. For example, if you don’t want one child to receive something, the court won’t know that. They will treat all your heirs as equals.

So if you have specific assets that you wish to go to one particular person, you should create a will. This will lessen the burden that your family has to go through with probate court. Depending on the size of your estate, it could take months, if not years, for the probate process to complete.

How to Create a Will or a Trust

If you wish to create a will or a trust, you can do so without the need of an attorney, but that is not recommended. There are specific tax considerations and laws that you must keep in mind when creating these types of documents.

The last thing you want is to create a will online that does not have the proper protection or clear intentions. When you pass away, if the will is not direct on your last wishes, your beneficiaries are left to try to interpret your wishes.

Estate Planning Attorney

If you want to ensure your last wishes are honored and well understood, it would be best if you reached out to an attorney to create the document on your behalf. You may be tempted to pay the small fee online to file your paperwork, but if there are any discrepancies or mistakes made, it will cause problems down the road. Partnering with an estate planning attorney will ensure you have honored all your last wishes.

Help with Different Types of Wills

Making sure that your last wishes are honored is a big deal to your family, so it is best that you get a will that clearly states what you want to happen you pass away.

Whether you need help creating your living will or a simple will, reputable attorneys can help you navigate the different types of wills. If you are ready to create your will or you have questions about what option is best for you and your situation, contact us.

What’s on a Real Estate Closing Statement?

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Home sales in 2021 increased by 8.5 percent from 2020.

Each time someone buys a home, they work through many steps before closing on it. A few days before closing on a house purchase, the buyer and seller receive a real estate closing statement.

What is this statement, and what information can you find on it?

Here is a guide to help you know what a real estate closing statement is, how to read it, and the information you’ll find on it.

A Real Estate Closing Statement Is A Summary

The best way to explain a real estate closing statement is to know that it summarizes the financial details of a real estate deal.

In some cases, the firm handling the closing creates one statement that includes the information for the buyer and seller.

In other cases, they create two statements: one for the buyer’s information and the other for the seller’s information.

The closing statement summarizes all the money coming and going for the buyer and seller, and each party can read through it to see the transaction details.

The bottom of the statement shows the final amounts for the buyer and seller. It shows how much money the seller receives at closing and the amount of money the buyer must bring to the closing.

The Information Found On A Closing Statement

A closing statement crams a lot of information into one document, but here are some of the main things you’ll find on it:

The Costs For The Buyer

When reading the buyer’s statement or section, you’ll see information relating to the costs the buyer must pay for the home purchase. Of course, the main cost is the agreed-upon selling price.

Additionally, the buyer has other costs, too. For example, the buyer must pay the closing costs the lender charges. You might see multiple lines for these charges.

The buyer also pays for inspections and the appraisal, and the real estate closing statement lists each one individually. The buyer generally pays for title insurance and title services, too.

The buyer might also have to invest some money into their escrow account when closing, and this amount also appears as a debit on this statement.

The person preparing this document includes every expense the seller pays for in the deal, and they typically list these as debits.

The Credits For The Buyer

In addition to listing all the buyer’s costs for the house, the statement also lists any credits the buyer might receive. Credits reduce the cost of the home purchase, and you’ll find several of these on this statement.

For example, the buyer should receive a credit for prorated property taxes. Property taxes accrue for the year before, and the seller should reimburse the buyer for the time they lived in the home until the closing date.

The earnest money and down payment the buyer offered also appear as credits on the statement, as they reduce the amount the buyer must pay at closing.

The Costs For The Seller

Next, you’ll see a section for the seller’s costs. The seller won’t have as many costs as the buyer, but they’ll still have some expenses associated with the sale.

First, the seller must pay the balance they owe on their mortgage if they have one. This amount reduces the profit they receive from the sale.

The seller also pays the real estate commission, reducing the amount the seller receives at this appointment.

In some cases, sellers pay for some of the closing costs, inspections, and other expenses. The seller also pays the prorated property taxes, and you’ll see all these amounts on the seller’s expense column.

The Credits For The Seller

The seller also receives credits, beginning with the home’s sales price. The sale’s price might be one of the few credits you see on the statement, but there might be others in some situations.

The Bottom Line For Both Parties

At the bottom of the statement, you’ll see the bottom line for both parties.

When it comes to the buyer, they’ll add up all the costs the buyer must pay. Next, they’ll subtract all the credits. The amount they calculate after doing this reflects the amount of money the buyer must bring to closing.

The buyer may need a cashier’s check for the amount, or they might accept other forms of payment.

The bottom line for the seller shows how much the check will be for when they attend the closing appointment. They calculate this by adding up the credits the seller receives and subtracting the seller’s costs.

Therefore, the real estate closing statement shows the buyer how much to bring, and it shows the seller how much they’ll receive.

The Importance Of Reading It Before Attending The Appointment

Whether you’re buying a house or selling one, hiring a real estate attorney is an essential step you shouldn’t forego. Your attorney handles the closing work for you and ensures its accuracy.

You should receive a copy of the closing statement a few days before the scheduled appointment. When you get it, you should read it through line by line.

All the documents you sign at the closing come from the information on this one document. So if you find errors, you shouldn’t close on the deal until they fix them.

If you find mistakes, fixing them before closing is much simpler than fixing them afterward.

For example, suppose the statement doesn’t include the earnest money you paid when you wrote the offer. If this happens, you’ll pay more for the house than you should, as your earnest money reduces the amount you need.

Use A Real Estate Lawyer For Assistance

Learning about a real estate closing statement can help you prepare for buying or selling a home. Then, when you hire a real estate lawyer for help, you’ll have the legal protection and assistance you need for the sale.

If you need a real estate lawyer in Greenville, SC, contact us at De Bruin Law Firm. We can help you with any type of real estate sale!

How Can a Real Estate Lawyer Help You?

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About 5.8 million houses sold in May 2021. That’s 44.6% up from May of last year! Whether you plan on buying or selling this year, there are many legal variables to consider first.

You don’t have to navigate these legal complexities alone. Instead, consider hiring an experienced real estate lawyer. You can rely on their experience and expertise throughout every step of the process.

What is a real estate attorney, exactly, and what do they do? When should you hire an attorney to help? Keep reading to find out!

After reading this guide, you can hire the best real estate lawyer to help you through your next transaction. Identifying the benefits of having a lawyer at your side will help you make a more informed choice.

Read on to learn everything you need to know before buying or selling a property today!

What is a Real Estate Attorney?

First, let’s answer the question that likely brought you here: what is a real estate attorney?

A real estate lawyer can help guide you through the legal process of buying or selling property. They can negotiate the transaction and handle any disputes that occur.

Some states even require you to have a real estate attorney present during the closing process. Even if you live in a state that doesn’t require one, you might want to consider it. After all, a lawyer will have your best interests in mind every step of the way.

They can prepare and review any legal documents or paperwork in advance. They can also advise you if there are any problems or omissions in the documents. Otherwise, you might not realize there’s a problem until after the fact.

Real estate law is a matter for local and state jurisdictions. Make sure to hire an attorney with experience in the area.

You can rely on their experience and expertise to make more informed decisions before buying or selling property.

Real estate law covers selling, buying, or legal issues related to real property.

Make sure to find a lawyer who specializes in real estate transactions. They’ll understand the proper procedures you’ll need to follow. For example, you might want to ask them about:

  • Zoning
  • Titles
  • Estate planning
  • Deeds
  • Property taxes

These laws can vary by local or state government. Make sure to choose a lawyer licensed to practice in the state where the transaction is taking place.

Why Hire a Lawyer?

Remember, you’re required to hire a lawyer in some states. Your lawyer can help prepare or review documents before a transaction takes place. These documents can include:

  • Purchase agreements
  • Title documents
  • Transfer documents
  • Mortgage documents

They’ll also attend the closing (when money is paid and the title is transferred). They’ll make sure the transfer is legal and binding.

You might want to hire a lawyer to ensure the necessary documents are in order. They can also write insurance policies as needed. Otherwise, you might want to hire them to handle the transfer of funds for the purchase.

If you’re financing the purchase, talk to your real estate attorney about the federal HUD-1 Form. Discuss any related transfer of funds documentation for the lender, too.

Appeal to State or Lender Requirements

If you’re buying a home in certain states, you’re required to retain a real estate attorney. These states include:

  • Connecticut
  • Delaware
  • Georgia
  • Massachusetts
  • New York
  • North Carolina
  • South Carolina
  • West Virginia

State law will require you to retain a lawyer for specific parts of the transaction.

Some states require you to have an attorney to provide a title opinion. These states include:

  • Alabama
  • Louisiana
  • Mississippi
  • North Dakota
  • South Dakota

An opinion shows a lawyer reviewed the title abstract or examination. The document indicates they didn’t see any obstacles to the transaction.

Remember, you still might want to hire an attorney even if the state doesn’t require one. They can help if you’re dealing with a tricker type of purchase. They can also assist if there’s an issue regarding property lines.

Some mortgage lenders also require you to hire an attorney as part of the transaction.

Avoid Contractual Issues

Only 5% of all buyers choose to purchase a home directly from the owner. Before going this route, you might want to hire an attorney. Otherwise, you might encounter contractual issues and disagreements.

For example, you might encounter disputes related to:

  • The chain of title
  • Lot line problems
  • Other contract issues

Consider hiring a real estate lawyer if the purchase involves any out-of-the-ordinary elements. Otherwise, these elements might complicate the purchase contract.

An experienced lawyer will take the complexity of your situation into account. If any contractual issues arise, they’ll know how to respond.

Your attorney can help resolve the problem. For example, they can provide legal representation if a dispute ends up in a courtroom.

Your lawyer will gather information from both parties and try to encourage a resolution. They might hire a surveyor or title company to gather additional evidence, too.

Peace of Mind

You never know when something could go wrong. With that in mind, consider hiring an attorney before there’s an issue. Having a lawyer at your side will ensure your bases are covered.

They can provide peace of mind before a transaction goes awry. They’ll also consider your best interests every step of the way.

How to Find a Real Estate Attorney

To find the best real estate lawyer in town, turn to friends, family members, and neighbors. Start developing a list of referrals. Visit your local bar association website online, too.

Look for a real estate attorney with years of local experience in the industry. Their prior experience will give you peace of mind. They’ll have the expertise and know-how necessary to offer the help you need.

Buy or Sell With Ease: Hire a Real Estate Lawyer Today

Buying or selling property doesn’t have to feel stressful. Instead, consider hiring a real estate lawyer. They’ll protect your best interests through every phase of the process.

With their help, you can complete the transaction without unnecessary hassle.

Need help right away? We’re here for you.

Schedule a consultation today to get started.

How Can an Estate Planning Lawyer Help You?

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As you get older, the importance of developing an estate plan increases dramatically. However, according to a recent survey, only 42% of Americans have a plan for their estate.

Looking ahead at end-of-life situations feels grim, but you need to have a plan for what you leave behind. Should you pass intestate, meaning without a will, the state will be in charge of distributing your assets.

This sort of planning involves a significant amount of legal paperwork, intimate knowledge of estate planning laws, and a sound strategy. For this, you need an estate planning lawyer to guide you through the complex process of preserving your legacy.

The Duties of an Estate Planning Lawyer

It should be obvious that estate planning lawyers are attorneys who specialize in estate planning. That means their chief responsibility is assisting you in your end-of-life preparations. They ensure that your loved ones receive the benefits you’ve decided to pass along.

Start your estate planning with an attorney as soon as you’re able. Your estate plan needs to account for so much more than the money you’re leaving to loved ones. It may include designating guardianship, determining what to do with a business you own, and making determinations on financial assets like stocks.

You need the help of an attorney to guide you through the plan-making process.

Develop a Will

Writing a will is a critical aspect of estate planning. While you can write one on your own, enlisting the help of a qualified estate planning attorney will make the process much easier.

An attorney builds a will that uses specific language, can help the will stand up to contestation, and ensures that your assets are distributed in the way that you desire.

Will writing can be complex, and it’s easy to make mistakes. Unfortunately, a minor oversight could put your entire estate in jeopardy.

Establish a Trust

While wills typically go into effect in the event of your passing, a trust can go into effect immediately. Another key difference is that a will must go through the probate process and become public record, while a trust remains private.

Your lawyer may determine that establishing a trust is a more appropriate measure.

With a trust, you’ll name a trustee who will be responsible for distributing the assets named in the trust according to its outlined terms.

Assistance with Taxes

Inheritance and estate taxes can quickly drain any funds you pass along to your family members. This may leave them without the financial support you planned to provide for them.

An estate planning lawyer will work with you and your loved ones to navigate these complicated tax laws and help you minimize the tax liabilities associated with estate planning.

Powers of Attorney

Should you become incapacitated and unable to make decisions on your own, a lawyer can help establish powers of attorney so a loved one can act on your behalf. This is especially important if you’re someone’s primary caregiver, as you need to ensure that they’re provided for.

Situations When You Need an Estate Planning Attorney

In addition to their most common duties, an estate planning lawyer can aid you and your family members in a number of complex situations.

Updating Your Plan

Family dynamics are ever-changing, so you may deem it necessary to make changes to your end-of-life plan. Fortunately, a lawyer makes the process simple.

You may want to leave assets to a specific family member, add a new beneficiary like a grandchild or step-child, or exclude someone from your will.

Some members of your family may prove themselves too irresponsible to manage their inheritance. You may also need help navigating laws that prohibit non-immediate family members from receiving benefits.

Interstate or International Assets

Dealing with your state’s estate laws is complicated enough, but the process becomes even more difficult if you have assets in another state or another country. You’ll have to abide by the laws in those states and countries as well as the ones where you currently reside.

Without professional legal help in this situation, it’s almost impossible to ensure that your assets are protected and distributed in the manner you desire.

Succession for Your Business

If you’re an entrepreneur and own a small business or a stake in one, you need to ensure that your business doesn’t fall into the wrong hands when you pass. An attorney will help you determine your business’s succession plan and ensure that an appropriate individual takes the reins.

Protecting Your Will

Since wills go through the probate process, certain situations allow interested parties to contest the validity of your will. The responsibility of defending the will then falls to your named executor.

An experienced attorney can help ensure that your will is able to stand up to contestation. They can include a powerful no-contest clause that renders anyone who contests a will unable to receive benefits.

Establishing an Irrevocable Trust

While many estate plans allow you to modify them, an irrevocable trust cannot be changed. Due to the permanence of such a trust, it’s advised you consult with an attorney.

Irrevocable trusts have a few unique advantages and can certainly benefit your loved ones. They may help someone who depends on you for primary care retain their medical benefits, help a beneficiary who needs financial aid minimize costly estate taxes, and can protect your assets from debtors who come to collect from your estate.

An Estate Planning Lawyer Keeps Your Assets in Order

Planning your estate is a difficult thing to do, and it’s advised you start the process early. Consult with an estate planning lawyer so your beneficiaries don’t have to worry about what happens to your assets after your passing.

The best estate planning lawyers will help you develop a plan for your financial assets. They’ll determine if you need a will or trust. Finally, they can help you through all of the complex legal situations surrounding estate law.

Looking to hire a lawyer to help with your estate planning? The De Bruin Law Firm is ready to help. Schedule a consultation today.

10 Facts About Business Law Cases

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Lawsuits are the modern way of holding other people accountable through the court system. People can sue other people who have harmed them, as well as businesses who they believe are in the wrong. But what is business law, exactly?

Business law is any legal dealing between people in relation to commercial matters. A business could sue another business for copyright infringement. There could also be a disgruntled employee seeking financial restitution.

Here are ten business law cases that demonstrate how tricky and complicated legal proceedings can get.

1. Apple vs Samsung

In 2011, Apple filed a lawsuit against Samsung for copyright infringement. According to them, Samsung had stolen the design for its smartphones and tablets from Apple. This included aspects of its hardware and software, such as the layout of its home screen.

Ultimately, the United States Supreme Court decided in Apple’s favor, granting them $539 million. Despite the lawsuit, Samsung and Apple continue to push products that are similar to one another.

2. Florida Couple vs Bank of America

Banks losing lawsuits aren’t a completely strange occurrence. However, it is unordinary for them to completely ignore the outcome of a lawsuit.

In 2009, a Florida couple was wrongfully foreclosed on by Bank of America. They responded with a lawsuit that won them $2,500 in legal expenses. However, Bank of America decided not to pay the couple despite the judgment.

The couple, with the local sheriff in tow, showed up at a local branch of the bank and started possessing items. The bank was ultimately forced to give a check to settle the debt.

3. Sony vs Itself

Although two subsidiaries owned by the same company are supposed to work together, they can find themselves at odds.

In 2001, the Recording Industry Association of America decided to sue Launch.com. According to them, Launch.com wasn’t seeking proper licensing for its Internet radio service. Sony belonged to the trade association and was a part-owner of the Launch website at the time.

To an extent, this was one of the rare situations where a company was suing itself.

4. Oprah vs Farmers

Sometimes individuals find themselves on the wrong end of an entire industry. In 1996, Oprah Winfrey did a segment on the mad cow disease and how it was affecting the U.S. beef industry. By the end, she declared she would never eat another burger again.

Members of the Texas cattle industry filed a lawsuit together against Winfrey, alleging more than $10 million in damages due to what they claimed were libelous statements. Ultimately, the jury voted in Winfrey’s favor.

5. The North Face vs The South Butt

Business law cases are often fought over trademarks. One Missouri teenager found himself at odds with The North Face Apparel Corp. over his own parody company called The South Butt.

The name, logo, and tagline were all parodies of The North Face’s original ones. However, the teenager’s company capitalized on its association with the larger company. The lawsuit resulted in a settlement that prohibited The South Butt from continuing its business.

6. Carl Sagan vs Apple

Famous astronomer Carl Sagan once sued Apple over his name used as a codename in the 90s. Originally, he requested they change the name via a letter. They refused and changed it to BHA, which was short for Butt-Head Astronomer.

Sagan sued for libel, but he lost his case. They would eventually come to an out-of-court agreement with Apple making a statement of apology.

7. Hlatky vs Steward Health Care System, Inc.

Contracts in business law are one of the most important aspects. They decide whether or not there’s even a case to be fought.

In the case of Hlatky v. Steward Health Care System, the Supreme Judicial Court found the Defendant had committed a breach of contract. Hlatky was a cancer researcher whose research lab was driven into bankruptcy when support was withdrawn by Steward.

The following lawsuit ended with the plaintiff winning $10.2 million for damages to an asset she didn’t own.

8. Marriott Data Breach

In late 2018, the Mariott hotel chain was breached. Their reservation systems had hundreds of millions of customer records that were now taken by attackers.

A class action was taken against them alleging several violations. The plaintiff was one of its members that was made vulnerable by the breach. Mariott won the lawsuit due to the fact that no sensitive information was compromised.

9. Facebook Facial Recognition

Privacy and its related permission are some of the most important contracts in business law. If a user doesn’t approve of sharing information, then it can’t be used.

Facebook’s photo-tagging feature was innocuous at first. However, it used facial recognition technology to associate people in photos with their accounts.

The lawsuit against Facebook alleged that these scans were created without user consent and violated Illinois law. Its final settlement was $650 million and one of the largest settlements for a privacy violation.

10. Scarlett Johansson vs Disney+

One example of an online business law case is that of Scarlett Johansson against the online streaming platform, Disney+.

Since movie theaters were closed during the pandemic, Disney decided to upload many of its movies directly to its streaming platforms. Although Black Widow was one of the first films to screen in theaters once more, it was also added to the streaming platform for subscribers.

According to Johansson, that decision violated her contract. It could also potentially cost her more than $50 million.

The two parties reached a settlement in September 2021. The actual terms of the settlement were not made public.

Managing Business Law Cases

As much as you’d like to avoid business law cases, they’re a natural part of owning a business. Unfortunately, any public individual or business is at risk of a lawsuit for one reason or another. You may also find that you need to rely on the legal system to hold another company accountable.

When that happens, reach out to De Bruin Law Firm for help. Our office is located in Greenville, South Carolina, and we specialize in business law, criminal defense, estate planning, and real estate.

Contact us today to schedule a consultation.

Everything You Should Know About Real Estate Law

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It’s no secret that real estate properties are among the most valuable assets. Did you know that the country’s real estate market size is expected to rise by 0.4 percent in 2021?

When done right, purchasing and selling property can be a lucrative investment. You need expert guidance when making such a life-altering financial decision.

Real estate transactions should follow various regulations and principles for them to succeed. Therefore, you should understand real estate law to improve your experience when buying or selling property.

But what exactly does the real estate law entail, and what role does it play in real estate transactions? Find out more in this detailed guide:

What Exactly is Real Estate Law?

Real estate law typically governs the acquisition and use of property. The law also oversees the buying, selling, and usage of land. Its common aspects include estate planning, taxes, zoning, purchase financing, titles, and deeds.

There are various stipulations under the real estate law on the right to own and use property. These stipulations directly or indirectly cover home sellers/buyers, landlords, renters, and homeowners.

Other law domains such as contract law, inheritance law, and family law relate to real estate law. Contract law, to be precise, requires parties to seal their transactions in writing. Special family law provisions such as spousal rights in homeownership also apply to real estate law.

Federal Real Estate Laws

Four major federal laws in the US govern all types of real estate transactions. They include the Real Estate Settlement Procedures Acts (of 2011) and the Truth in Lending Act (of 1974).

These laws mandate property sellers to be transparent about their interest rates. They also give buyers a right to discard loans and lay guidelines on solving disputes brought by mortgage rates.

Dodd-Frank Wall Street Reform and Consumer Protection Act (of 2010) covers the rights of borrowers. It allows you to sue your lender if their unfair acts subjected you to huge monetary losses. This law also protects you from fine print and hidden fees charged by lenders.

Under the Fair Housing Act of 1968, you shouldn’t be discriminated against when selling or buying property. This legal framework covers discrimination against consumers’ disability, familial status, and sex. It also prohibits discrimination against religion, nationality, gender, and race.

Does Real estate Law Qualify as State Law?

Every state in the US has its laws surrounding real estate practices, procedures, and licensing. These laws tend to change due to court decrees or legislative actions. You should keep tabs on them for you to understand your rights in any real estate transaction.

Find out about the agency regulations that govern client-agent relationships in your state. Learn more about agency disclosure, buyer agency agreements, listing agreements, and dual agency. You should also check the stipulations on transactional and facilitating brokerage.

US states have different licensing laws and procedures on real estate transactions. Learn more about the fees and minimum requirements before investing in real estate.

Your local state government may have laws on land-use restrictions. Find out the board/agency that grants zoning ordinance variations and the time limits for the same.

Every state has its real estate laws on ownership rights, theories, and forms. Check whether your state recognizes liens or title for ownership. You should also find out the requirements for married couples and other special categories of buyers.

Real estate law also covers property disclosure, rent control and rights, and ownership transfer. Each segment comprises regulations that are unique to your state.

Real Estate Law in Property Transactions

A typical real estate transaction involves a broker (representing the seller), a seller, a buyer, and an attorney. The seller and broker must seal their relationship in a contract known as a listing agreement. In this type of contract, the broker may earn a certain commission if they find a suitable buyer.

An exclusive arrangement gives the broker the right to compensation even if a buyer is found without their help. The broker/salesperson must have obtained a license from the relevant state licensing agency for the transaction to be legal.

Contract law governs agreements between buyers and sellers. The agreements must be sealed in writing, while the seller should give proof of the title.

The buyer may hire a real estate attorney or a title insurance company to investigate the title’s marketability. They may also seek coverage from the insurance company for the title against losses if the title is invalid.

Real estate transactions end with the seller handing out a deed to the new buyer. A deed provides ownership transfer notice or establishes property ownership.

Real Estate Law and Lawyers

Real estate attorneys help in documenting and reviewing contracts and transactions. You’ll also need them when examining titles, insurance policies, and sale contracts.

With an attorney’s help, you’ll negotiate a contract that protects your right. The legal counsel can also revise or adjust it to fit your unique needs.

Your real estate lawyer can arrange for title insurance for your property. This policy covers any problems that occur before or after you purchased an asset.

You can count on an experienced attorney to protect your interests in a real estate transaction. They may work with brokers, developers, or other lawyers to get you a legally sound deal.

Handling foreclosure proceedings can be difficult without expert legal help. You may need this help when facing a lender that wants to recover a defaulted loan by selling or obtaining ownership of your property.

Some real estate transactions involve unpleasant legal situations that require legal representation. A real estate lawyer will expertly advise you on zoning violations, property management, and property taxes. You may count on them to reach a settlement agreement.

Hire a Real Estate Attorney Today

With these basics of real estate law, you can decide how you’d like to benefit from legal help. To get the most out of a property transaction or negotiation, you need to know your rights. Use this information when carrying out any real estate transaction.

Do you need legal help navigating the complex real estate market? Our real estate lawyers are more than willing to listen and handle your situation. We’ll respond within one business day once you submit your query.

How to Create Rock Solid Business Contracts

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Business is done with contracts. Getting yours right is critical. Getting them wrong can be costly.

No matter what kind of business you run, well-written contracts protect your interests. Good contracts keep things running smoothly.

Would your contracts withstand court scrutiny?

Understanding how to write contracts that work can help you ensure yours will hold up if disputed. So, here are the basic dos and don’ts of writing solid business contracts.

Writing Solid Business Contracts

You, your clients, and your vendors should be able to rely on the efficacy of your business agreements. To ensure your business contracts are reliable and legally enforceable, here are some basic “do’s.”

Keep It Simple, But Specific

We’ve all seen contracts loaded with complex legal terminology. All the “heretofores” and “thereunders” make it difficult, if not impossible, for a layperson to understand.

Using flowery language in an effort to sound smarter can backfire. If your clients can’t understand what the contract says, they may choose not to sign and to do business with your competition instead.

Be as specific as possible to avoid misunderstandings. Only use legalese if it serves to make the contract terms more precise or clear.

A Handshake Doesn’t Protect You

Under South Carolina law, certain contracts must be in writing. Agreements involving wills or trusts and contracts in the realm of real estate law must be written to be enforcible.

Although some simple contracts can be oral agreements, it’s difficult to enforce them should there be a dispute. Well-written contracts help prevent misunderstandings.

Be As Specific As Possible

Vague business contracts serve no one. The more specific your contracts are, the less room you leave for misunderstanding. Include as much detail as possible. Use precise terms.

Specify all payment terms and delivery or service dates and deadlines in detail. State clearly who is paying what to whom, and when they must make payment.

Likewise, describe in detail the service, product, or item that is being purchased. Include when and how the service will be performed, or the customer will receive their purchase.

Don’t leave anything open for interpretation or misinterpretation.

Correctly Identify All Parties

Like all legal agreements, business contracts must be clear about who is obligated to provide the goods or services to whom. It must also be clear who will pay for those goods or services.

So, you must use the correct legal names of the parties to the contract. If you are doing business with another business, use the full name of that business (including any Inc. or LLC) in the contract.

Don’t use the names of the people signing the contract. They aren’t responsible for fulfilling the obligation. Their company is.

Capacity and Duress

A legal contract requires that anyone signing it must have the mental capacity to do so. That means they must be free from mental incapacity and sober. Otherwise, the agreement isn’t enforceable.

Likewise, everyone signing a contract must be doing so of their own free will. Financial or emotional coercion nullifies the deal.

Contract Termination and Dispute Resolution

Sometimes the terms of a contract can’t be met by one party. Sometimes the deal can’t proceed because of, or the deal is halted by an outside influence. So, it makes sense to include circumstances under which the contract can be terminated.

Include a section that states specifically what you and the other party can and will do if you disagree about the contract’s terms. Will both parties agree to go to mediation or arbitration before taking the dispute to court? Write it into the contract.

Say Which State’s Laws Govern the Contract

If you’re doing business in South Carolina, your contract will be governed by South Carolina’s laws. Specify that in your business contracts. This is especially important if you do business with clients or vendors in other states or countries.

You may also choose to specify where you will mediate, arbitrate, or bring a legal action under the contract should a dispute arise.

Contract Mistakes to Avoid

Just as there are certain details that you should do for every contract, there are other things you should never do. These not only weaken business contracts; they can also cost you.

Using Ready-Made Contract Templates

There’s no denying document templates have made many business functions easier. But when it comes to business contracts, ready-made templates are risky.

Your business is as individual as you are. You have your own business practices, methods, and goals. The one-size-fits-all contract template doesn’t account for all the details that make your business unique. Consequently, it may not protect your interests if a dispute arises.

Promising the Moon

It should go without saying that you should never promise more than you can deliver. You also shouldn’t agree to pay more than you can realistically afford.

You should be certain you can honor the terms of your business contracts before signing them. That includes clearly defining the scope of all obligations and any applicable deadlines. Then stick to the contract terms.

Negotiating with Subordinates

If the person you are negotiating with doesn’t have the authority to sign the agreement, you’re speaking with the wrong person. Don’t waste your time negotiating with a subordinate.

You should insist on negotiating with the person who has the authority to sign the contract. Often that is the owner, president, or chief executive officer.

Business contracts signed on behalf of a corporation by someone who doesn’t have enough authority to make the agreement can’t be enforced. Protect your interests by negotiating with the right person.

Skipping the Lawyer to Save Money

It may be tempting to try to write your business contracts yourself. But that could be a costly mistake. To adequately prepare business contracts, you must fully understand the legal and regulatory environment of your industry and location.

Remember, lawyers must know the precise meaning of the sometimes obtuse legal terms that pepper many business contracts. If you don’t understand the legalese, an attorney specializing in business law can explain it to you and ensure that the contract works for you.

Safeguarding Your Business Interests

When it comes to protecting your business interests, you can never be too careful. No matter how thoroughly you’ve reviewed your business contracts, it’s a good idea to have your lawyer review them.

Our contract specialists are here to help ensure your agreements work for your business. We can help with business contracts, trademarks, mergers and acquisitions, business formation, real estate law, and other business law issues.

Contact our business law experts today. Let us help with your contracts so you can focus on your business.

7 Factors to Consider When Choosing Business Lawyers

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What do you love about owning your own business? Most likely, you enjoy selling something or providing a service that other people need or enjoy. But, who do you turn to when you need help with your business, and you don’t know the answer?

Business lawyers are there for you and other business owners when it comes to business legal matters. They assist with starting a business, writing contracts, contract disputes, and many other areas. If you encounter an issue with your business, you should contact a business sooner than later.

Choosing business lawyers can seem daunting, but we are here to help. Here are some things to consider when considering options for lawyers.

1. Integrity

When you select a lawyer, they represent you and your business. This means that you’ll want that person to have upstanding character. Lawyers need to be tough in some circumstances, along with stalwart.

What you don’t want is someone who will go to any lengths to resolve an issue in your favor. Once they have moved on, you are left to pick up the pieces of yours and your business’ shattered reputations.

A good way to root out the bad ones is to look at lawyer references and reviews. Many different sites offer reviews for lawyers and law firms. You should also cross-check those reviews with at least two other websites to get a complete picture of a lawyer.

If a lawyer is accused of shady behavior multiple times, they will do it again.

2. Consider Legal Experience When Choosing Business Lawyers

Integrity aside, the best way to choose a competent lawyer is to take their legal experience into account. You’ll want to verify that the lawyer you want to hire has experience with the issue you have. Talk to your lawyer and ask them questions to get a thorough understanding of their experience.

You should also see if they have other areas of expertise related to business law. It can be good to have some to call who is already familiar with your business if other problems arise.

Look at the track record of their cases and see how successful they are at resolving issues for their clients in their favor. This can help give you confidence in your lawyer’s ability. You should also consider the number of cases your lawyer has handled.

A lawyer who has been practicing for years will have more wisdom than a lawyer with less time on the job. This shouldn’t be the most important thing you consider, however. Lawyers who have a high success rate with their cases have a lot of wisdom to offer.

3. Experience as a Business Owner

Business lawyers have experience dealing with the legal aspects of business, but many do not have experience as business owners. They can understand, but it can be more difficult without firsthand experience.

When you are dealing with a large law firm, most of the lawyers at the firm will work for the partners. At a small law firm, however, the lawyer that handles your case might be a partner. This means that they will have the legal experience you need and share your business experience.

Business experience isn’t necessary for business lawyers to be effective. However, that experience can help them better understand the issues that you have.

4. Effective Communicator

Aside from knowledge of the law, one of the most important skills a good lawyer should possess is good communication skills. A lawyer’s job is to communicate with opposing counsel, the judges that preside over their cases, and juries. Your lawyer also needs to be good at explaining things to you.

Legal matters are difficult to understand, and your lawyer should communicate this in a way you understand. A good attorney should anticipate your questions and notify you about developments without you asking.

Not only does an attorney need to know how to communicate, but also the best communication method. Some matters may only warrant an email, but others may dictate an in-person meeting. Your attorney needs to read the situation and respond as appropriate.

5. Billing Structure

Legal services can cost a lot, especially if it takes your attorney a lot of time to address your issue. Hourly billing will cost you more if your problem only requires a few hours of a lawyer’s time.

Talk to your lawyer about the fee structures they have available. Find a lawyer with a fee structure that fits your needs at the time. You should also inquire if the fee structure can be adjusted if your needs change in the future.

6. Get a Local Attorney

Business laws will vary between states. Some districts in a state may have unique business laws that are different from others across the state. This is why you need someone familiar with the business laws in your area.

It isn’t impossible for lawyers not from your area to help you. However, they will need to familiarize themselves with local business laws. Much of their time will be spent trying to understand local regulations instead of playing an active role in assisting you.

7. Relatability and Transparency

An important element of a successful attorney/client relationship is the attorney’s ability to be relatable and transparent. As a client, you need to be able to get along with your attorney. Good rapport is important between an attorney and their client, especially when difficult subjects arise.

A good relationship will make it much easier to discuss these matters.

Your attorney should also communicate with you when the need arises to ensure you stay on top of matters concerning your business. The more comfortable the two of you are communicating with each other, you’ll both be able to tackle issues better when they come up.

Your Greenville Attorneys

Your care a great deal for your business, and when choosing business lawyers, we know you’re looking for someone who will do the same.

A good attorney should be open, reliable, honest, and an effective communicator. You will also need someone with plenty of experience; if they are a partner at their firm, they can also relate to you as a business owner. Find a business attorney in your district who is familiar with local business laws.

If you are in the Greenville area, De Bruin Law Firm has attorneys who can help with the legal matters of your business. We also have attorneys who specialize in real estate law, criminal defense, and estate planning. If you need legal help, schedule a consultation so we can assist you.

The Complete Guide on What to Include in a Will

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No matter the size of your estate, it’s important to have a will. More often than not, there are things that every one of us would like to ensure get taken care of in our absence. Whether it’s children, pets, property, or money, ensuring that everything has a place is going to make it easier on your loved ones once you’re gone.

But what’s included? Where can you turn for help when it’s needed? Are there guidelines you can follow?

We’re here to help. Read on to learn what to include in a will.

Personal Assets

When it comes to wills, personal assets are defined as anything you own that isn’t considered “real property.” This can be anything from a car to clothing, or jewelry, furniture, or cash.

When you’re creating your will, you have to make sure your personal assets are specific. If they’re not, you leave space for your executor to be confused and have trouble determining your wishes.

This leads to the next thing you should have in your will.

Executor

An executor is a person you assign to carry out your last will and testament. This person is going to be responsible for paying off debts or taxes you may owe and then divvying up your estate.

The better the state your affairs are left in, the easier it’s going to be for your executor to carry out your wishes.

Real Property

The next thing that should be included in your will is real property. Real property is anything that falls under land, homes, physical buildings, and even mineral interests.

It’s a bit more complicated to divvy these assets out, but it’s still possible. Hiring a lawyer can be helpful in these cases.

Guardianship

After property, the next thing to consider is guardianship. If you have children or pets, they’re typically going to go to your spouse or next of kin unless you specify otherwise.

If you find that your spouse or next of kin wouldn’t be up for the task, it’s best to send them to someone who could better care for them in your absence. You want to make sure the person you’re choosing for this task knows ahead of time and has given you their approval before making the decision.

Whether or not the pet or child has expensive needs, you can leave money behind to care for them.

If you’re hesitant about letting someone know they’d be the one caring for your pet, it’s important to think about the fact that they might give them up if they think they can’t handle it. As for your child, you want to make sure they’re left with the proper care they would need.

Cancel Any Debts Others Owe You

If you’d like the debts that others owe you to be considered water under the bridge, then you’re going to have to state that in your will. It’s easy to think that your death would rid anyone of these debts, but that isn’t always the case.

In most cases, that debt is simply going to be passed to those who inherited your estate.

Instructions on How to Manage Property

One other thing to include in your will is instructions on how to care for any of your property. This may be particularly helpful to anyone you’re leaving property to.

If there are specific companies that can or do care for your home, then leaving a list of those could prove helpful. Think cleaning services, landscapers, pool cleaners, pest inspectors, and other things of that nature.

If you have plants or other living things, then it could be smart to include how often you water them, what type of fertilizer you use, and how often, or other specific care you perform for the plant.

You can also specify you want your assets sold, and then how you’d like the proceeds distributed.

Things to Not Place on Your Will

While there are plenty of things that are smart to include in your will, there are also things that don’t belong there.

Property in a living trust is one of these things. If you have a living will set up, then the property is going to automatically go to the beneficiary you’ve designated in your living trust and is managed by the state.

Life insurance proceeds fall under the same rule. Those are automatically going to fall to either the beneficiary, your partner, or your minor children. Retirement plan proceeds, like money from a pension, IRA, or 401(K) also should not be included in your will as they contain a section for you to set a beneficiary.

Plans For Your Funeral

More often than not, the settling of your estate won’t happen until after the funeral, so, likely, nobody will even notice that you’ve included your funeral wishes until after the fact.

Instead of leaving any wishes in your will, simply talk to your loved ones about what you’d like. You can also create a separate document outlining any wishes for your funeral. You can give this document to the executor of your estate.

You Know What to Include in a Will… Now What?

Now that you know what to include in a will, it’s time to take the next steps in preparing yours. If the process is confusing for you, or you have a complicated estate, it may be best to turn to a professional for help.

When you hire a lawyer to guide you through the process, you ensure that everything is taken care of and that nothing is done improperly.

De Bruin Law Firm can help with your estate planning. Contact us to get started today.

The De Bruin Law firm offers a wide range of legal services to clients in Greenville, SC and the surrounding upstate. Our experienced attorneys can help you with legal matters in the areas of business law, criminal law, estate planning, and real estate law.

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