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All Forum Posts by: Saul Escobar

Saul Escobar has started 1 posts and replied 15 times.

Post: Finding Attorney

Saul EscobarPosted
  • Real Estate Attorney
  • Miami, FL
  • Posts 15
  • Votes 2

Don't trust the AVVO ratings.  I've seen attorneys of questionable character be rated very high, and one of the best commercial litigators in South Florida rated a 7.  I would suggest you get some local referrals and schedule consultations with 2 or 3 of the ones that are recommended.  Decide after you speak with all.  Remember that experience and knowledge isn't the only thing you will need from an attorney - you will also want accessibility.

Post: claim of service dog after violating pet clause

Saul EscobarPosted
  • Real Estate Attorney
  • Miami, FL
  • Posts 15
  • Votes 2

Did they make the argument that it was a "service" dog in the lower court?

Post: How to deal with questionable and demanding tenants?

Saul EscobarPosted
  • Real Estate Attorney
  • Miami, FL
  • Posts 15
  • Votes 2

Bruce, how did you deal with the water that overflowed?  (You mentioned fixing the leak, but not how you dealt with the water.)

If you do go with a restoration contactor, be advised that many would have you sign an assignment of benefits under insurance.  Be careful that the assignment is clearly limited to the work performed and not for the whole claim.  Believe it or not, these overbroad assignments have become a recurring problem.

Post: DO NOT USE STATE FARM - PRIVACY BREACH and INCOMPETENCE

Saul EscobarPosted
  • Real Estate Attorney
  • Miami, FL
  • Posts 15
  • Votes 2

Like a good neighbor...

Post: Major storm damages four properties

Saul EscobarPosted
  • Real Estate Attorney
  • Miami, FL
  • Posts 15
  • Votes 2

You can probably find someone to insure multiple LLC's under one policy. My concern though would be comingling - you can weaken the liability protection the multiple LLC's may give you.

Post: Does anyone know of a Good Lead Paint Litigation Lawyers in Maryland

Saul EscobarPosted
  • Real Estate Attorney
  • Miami, FL
  • Posts 15
  • Votes 2

You need to do a lead paint test any time there's damage that disturbs the paint of a home or building was constructed pre 1978.  This is something that should be included in the estimate when you are submitting a claim (and it's no joke, I've heard of contractors being fined over $30,000 for not doing the lead paint test).

Post: Homeowners insurance

Saul EscobarPosted
  • Real Estate Attorney
  • Miami, FL
  • Posts 15
  • Votes 2

Make sure that the exterior of the townhouse is covered by the master policy.  Sometimes townhouses are treated as single family homes and don't have the same coverage under a master policy as do condos.

Post: Introduction

Saul EscobarPosted
  • Real Estate Attorney
  • Miami, FL
  • Posts 15
  • Votes 2

Mehran,

Can you direct me to that podcast? 

Post: Sewer drain leak, water damage. What to do now about insurance claim?

Saul EscobarPosted
  • Real Estate Attorney
  • Miami, FL
  • Posts 15
  • Votes 2

First I would suggest that you do not speculate in a public forum about whether some of the damage could have been caused by repeated seepage of water.  (This is typically excluded.)  You do not know this is the case, and the mold could have easily resulted from the recent water damage. 

In Florida, sewer backups are typically excluded from coverage.  However, there could be coverage for a sudden and accidental discharge of water from a plumbing system if the cause of the backup was on the insured property.  I do not know how it is in California, but you may be covered even if there is an exclusion for sewer backups.

Unfortunately, California does not have an attorneys' fee statute for insurance law suits.  In some states, Florida included, the insured is entitled to reasonable attorneys fees and costs if they prevail against an insurance company under a policy.  In California, it appears that you can only get attorneys' fees if the insurance company acts in bad faith.

My suggestion is to speak to an insurance attorney in California.  You may be able to file a declaratory action and have the courts determine whether there is coverage.  Unfortunately, you may have to end up paying your attorney a percentage of the amount collected unless you can go after your insurance company for bad faith.  It may be worth it since the amount of the loss seems very large (and you may be able to discover even more damage with a thorough inspection).

Post: Introduction

Saul EscobarPosted
  • Real Estate Attorney
  • Miami, FL
  • Posts 15
  • Votes 2

Greetings,

Just wanted to introduce myself.  My name is Saul and I am an attorney based out of Miami, Florida.  My practice is focused on property insurance claims and disputes (representing the insured).  Before that I was an associate with an intellectual property law firm.

I sold all my properties back in 2010 during the bust.  Recently, I have been thinking of getting back into real estate.  Hopefully I'll be able to learn a lot from this site and its community.

Anyways, my first question about this site - how can I get my profile pic to load properly?  Thanks.