Avila Legal Counsel

03/15/2024

Anti-trust lawsuit settlement with with National Association of Realtors leads to prediction that home buying prices will decrease, as now sellers will not be required to pay the commission for buyer’s realtor and buyers will be able to negotiate the realtor commission with the buyer’s realtor.

Due to that change in the dynamic of who pays the real estate comission, the overall sales price for homes is expected to drop, because now sellers and buyers will be encouraged to negotiate with their respective realtors as to the cost of real estate commissions and the standard 6% real estate broker commission no longer needs to be cooked into the listing price for the sale of the home.

Generally bad news for most realtors and real estate brokerage businesses, but it will possibly lead to overall savings for the consumer.

The influential National Association of Realtors agreed to make several changes to its policies to settle class-action lawsuits brought by home sellers who say they were forced to pay inflated commissions to real estate agents.

02/03/2024

Unfortunately, I know a Miami lawyer who has made it a specialty of representing women in lawsuits brought against nightclubs where the women were provided a drugged drink and then sexually assaulted. This Article provides some good practical advice to prevent becoming a victim of sexual assault: 1) Safety in numbers! Sticking with your friends means you are less likely to be targeted, or at least, if you do find yourself in a compromising situation, you will have friends to watch out for you.
2) Drink water! Being intoxicated means you have a larger chance of making poor choices. Stay hydrated and do not get too drunk.
3) Don’t leave your drink unattended. To avoid being almost drugged or spiked, make sure you always have your drink with you. Be aware at all times.
4) Use reputable cabs. Do not get into strange taxi’s or cars. Make sure to use a reputable taxi company to get too and from your destination. If you use Uber/Lyft, ensure you photograph and share the driver’s information or stay on a video phone chat with someone who is aware of who the driver is and where you are headed.
5) Don’t accept drinks. As tempting as it may be, unless you watch the bar tender pour it himself and it never touches anyone elses hands but yours and the servers, do not drink anything handed to you. This is how people often find themselves drugged and immobilized.
https://l.smartnews.com/p-PJFoa/0S6Tx9

02/03/2024

An advertising company that worked on Purdue Pharma’s OxyContin account has settled a lawsuit that accused it of falsely marketing opioids as safe and the advertiser, Publcis, has agreed to pay $350 million.

The lawsuit alleged that for a decade the Advertiser helped opioid manufacturers like Purdue Pharma convince doctors to overprescribe opioids, directly fueling the opioid crisis and causing the devastation of communities nationwide. It was alleged that the Advertiser’s “Evolve to Excellence” marketing scheme barraged doctors with messages that falsely claimed OxyContin deterred addiction and abuse and it pushed physicians to increase patients’ doses – even when not medically appropriate. Publicis created the advertisements, pamphlets and brochures for the campaign.

In Florida, several laws are designed to prevent false advertising by sellers of products, services or real or personal property.

Florida Statutes Section 817.40(5) prohibits misleading advertising relating to such property or services.
Florida Statutes Section 817.44 prohibits an advertisement offering to sell property when the proposed seller has no intention of either actually selling the advertised property or of selling the property for the price advertised. The Florida Deceptive and Unfair Trade Practices Act, under Florida Statues Sections 501.204, 501.211 prohibits unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.

I have previously successfully sued major corporations related to alleged violations of these laws. If you believe you have suffered significant losses arising from false advertising or unfair and deceptive trade practices, contact me for a free initial consultation.

https://www.cnn.com/2024/02/01/investing/oxycontin-publicis-settlement/index.html

02/03/2024

Why should you worry about asset protection strategies via proper estate planning?
A major reason is that proper estate planning now can significantly protect your family’s financial assets, so that later there will be a way to pay for the things that matter to you most, like financially supporting your loved ones long after you are gone. What can you legally place in a Trust? Any valuable assets, such as real estate, business ownership interests, financial accounts, life insurance benefits, etc… Placing assets into a Trust can make those assets extremely difficult or even legally impossible for creditors to reach once you are gone. In that way, the people you love may still enjoy the benefit of your hard work, instead of your assets being wasted by Probate Court expenses and being subject to collection by creditors. What’s more, you can decide now the manner and timing for how those assets may be distributed in the future to any particular loved ones. A Trust is truly a powerful tool for managing assets now and long into the future.

02/02/2024

Please check out the link below, which takes you to a landing page where you can sign up to attend a one hour webinar I present on estate planning. The webinar is entitled:
Wills & Living Trusts: How to Avoid the 3 Biggest Mistakes That People Make.

https://www.topestateplanning.com/s/g4yxz4

01/23/2024

“Buyer beware” is a phrase every buyer/investor needs to live by. The story below is one where church going people were apparently grossly defrauded. The fraud was made possible due to the blind trust the investors placed in the seller and also in part due to the investors’ own lack of caution motivated by promises of huge rewards.

The Colorado Securities Commission has charged an on-line pastor with massive securities fraud of his church followers, for allegedly selling them totally useless crypto securities and pocketing approximately $1.3 million for his own personal expenses.

“We allege that Mr. Regalado took advantage of the trust and faith of his own Christian community and that he peddled outlandish promises of wealth to them when he sold them essentially worthless cryptocurrencies” said the Colorado Securities Commission.

I have previously legally represented, in different matters, various Clients who were defrauded by trusted members of their own churches. In each case, there existed a combination of BLIND trust in the seller/business partner and an element of lack of caution/due diligence on the part of the defrauded investor.

In one of those cases, a lady lost over $420,000.00 when she trusted a fellow church goer with her life’s savings. After she hired me, I was able to obtain a Final Judgment against the Con Artist for the full amount of my Client’s losses — but sadly even before I was hired all of my Client’s money had been sent out of the U.S.. The Client needed to settle for our brining in the Broward State Attorney’s Office and then finally obtaining a prison sentence against the Con Artist, but that did not serve to repay the Client for her losses.

The moral of the story: Before you invest your hard earned money in a business venture, be sure to obtain prior professional advice. Trusting a business partner should never entail trusting them blindly. You need to first properly investigate the facts and reach proper contractual arrangements that serve to protect your investment and your other assets from loss.

If you are considering a large investment or considering entering into a business venture, call me and let’s discuss how I may be of service to protect your interests.

Colorado pastor accused of pocketing $1.3M in crypto scheme says 'Lord told us to'

More than 300 people bought INDXcoin, a cryptocurrency created by the pastor and marketed through his online church, which was deemed "illiquid and practically worthless."

01/15/2024

Hello and thank you for following Avila Legal Counsel.
Our goal is to provide you with valuable information and insights into how the law and legal processes work, so that you can use that knowledge for your benefit and to benefit your family, your business and even your community.

In addition to other areas of legal practice, Manny Avila represents Clients in Estate Planning. It is his goal to advise Clients in how to protect their assets for the benefit of their loved ones and to ensure that their actual desires are carried out after their passing.

The story below is a typical occurrence. An individual actually attempts to plan for his beloved relatives after his passing by creating a Last Will. But it is created improperly and the result is that the “wrong” relatives divide the estate’s assets in a manner never intended.

As stated in the Article: “You can, for instance, typically contest a will or trust on the following grounds: lack of testamentary capacity, undue influence from a family member, and improper execution…”

Let us know if we may help you ensure that your wishes for division of assets and care for your loved ones upon your passing are actually legally honored.
Allow Avila Legal Counsel to be your general legal counsel for your important legal matters.

“I can’t help but feel that the deceased cousin would not have wanted the bulk of their estate to be awarded to this extremely wealthy cousin.”

01/12/2024

Welcome to the Avila Legal Counsel page. It is our aim to here provide the public with informative and helpful legal news and articles regarding a range of legal topics which are important and may effect you, your family or your business.
Manny Avila, Esq. has over 35 years of cumulative legal experience representing individuals and business entities in:
1. Estate Planning, trusts, last wills, deed transfers, probate court and guardianship matters;
2. Commercial litigation, civil lawsuits;
3. Family law, divorce, custody, pre- and post-nuptial agreements;
4. Real estate and corporate transactions;
5. Immigration to the U.S., business visas, foreign employee transfers and family immigration;
6. Personal injury claims for major injuries

If you have a desire to speak with a lawyer regarding any important legal issue you may be facing, let us know and we will set up with you an initial free phone or video consultation.
We look forward to being your general legal counsel for all of your important legal matters.
You can reach us at:
Phone: 305-249-1111
Email: [email protected]