Reardon Anderson - May 2022

Reardon Anderson - May 2022

ReardonAnderson C O U N S E L O R S A T L A W

ReardonAnderson.com

May 2022

5 REASONS FOR REAL ESTATE LITIGATIONS READY TO BUY OR SELL?

There are many moving parts in a real estate sale, which means there are many ways that it can go very wrong. From failure to disclose a defect to boundary disputes, here are the five most common reasons for real estate legal disputes. BREACH OF CONTRACT Real estate sales agreements are contracts. This contract will contain conditions and terms that the seller and buyer must agree to. It’s crucial to hire an attorney to review the contract before signing it. In most cases, real estate agents will create a boilerplate contract, and it may not protect your rights and help you either sell or buy property. If a breach is the cause of litigation, the plaintiff must show how they abided by the contract while the defendant has not. UNDISCLOSED DEFECTS When you’re selling property, you must state any known defects that could lower the property's value. If the buyer finds any defects after closing the deal, they have the legal right to sue the seller for not informing them of the known defects. If this is taken to court, the plaintiff must prove that the defendant knew of these defects and purposefully didn’t tell the seller about them. BOUNDARY DISPUTES Your property has boundaries that signify where your property ends and where someone else’s begins. If you do not have the correct property lines listed, it can lead to litigation. To avoid this issue, research

the boundaries of your property with a survey and title search. Your attorney can help you and provide more information about potential hazards that could come forward if you fail to point out your property lines correctly. WIRE FRAUD Real estate wire fraud is increasing, according to Walsh Banks Law. Money.com further proves this by surveying title agents who shared that a third of all 2022 real estate transactions included wire fraud. They also mentioned that 76% of agents say that fraud has increased since previous years. Sometimes when you’re closing in on a property and electronically transferring money, you may find out that "Sometimes when you’re closing in on a property and electronically transferring money, you may find out that the money you paid did not go where you thought it did — a criminal could be pretending to be an authorized party.”

the money you paid did not go where you thought it did — a criminal could be pretending to be an authorized party. Real estate wire fraud is devastating. To ensure that you’re not a victim of fraud, double- check all payment instructions you provide your attorney. Your attorney, along with the settlement agent, should take steps to ensure the wire occurs without issue. If you have any questions about the property you’re buying or selling, or if you need to bring a lawsuit against a buyer or seller, allow Reardon Anderson to assist you. We will be happy to look at your case and see how we can help.

–The Reardon Anderson Firm

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You Have the Right to … What Now? Understanding and Using Your Miranda Rights

Woman Attempts to Sue Wendy’s

FOR AN ALLEGED FINGER IN HER CHILI

If you watch a lot of legal dramas on television, you can probably recite your Miranda rights by heart:

Back in 2005, a woman became imaginative and filed a claim against the owner of a Wendy's franchise in San Jose, California, stating that she was served a bowl of chili with a human finger in it. Her allegation cost the fast-food chain millions in damages, and as it turns out, the woman's claim was false. She was eventually arrested and convicted of attempting to extort Wendy's. On March 25, 2005, Wendy’s was put in the spotlight under false allegations. A woman, Anna Ayala, visited a Wendy’s with her family and ordered a bowl of chili. She then made a large scene, claiming that she bit into something crunchy and discovered that it was the fingernail of a human finger inside her chili! All of the employees in that particular Wendy’s were astonished because they each had all 10 fingers still attached. Even more, all Wendy’s employees at other locations who handled raw materials still had all of their fingers. When a forensic investigation was done on the finger, it was found that the finger was not cooked at 170 degrees F for three hours, like the rest of the chili was. Eventually, it was discovered that Ayala had 13 different lawsuits open against different companies, and when her story began to waver, she dropped the lawsuit on April 12, 2005, claiming it was putting too much pressure on her. But Wendy’s, having already lost millions of dollars, was hard-pressed to prove this was not negligence on their part. They set up a tip line and offered $50,000 to anyone who had information on the owner of the finger. Eventually, after genetic testing, authorities discovered that the finger belonged to a Nevada man who was a coworker of Ayala’s husband; the man had recently lost a finger in an industrial accident and had given it to Ayala to settle a $50 debt. Both Ayala and her husband were charged and ordered to pay restitution. It was quite the finger feud!

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. But why are these words so ubiquitous? What do they mean in the real world? And do you really need to worry about your rights if you haven’t committed a crime? Miranda rights originated in 1966 through the Supreme Court case Miranda v. Arizona. Police arrested Ernesto Miranda on kidnapping charges, and after two hours of questioning, he eventually confessed to the crime. His attorneys argued that Miranda did not understand his rights at the time of the confession, so the courts should disregard it as evidence of his guilt. The Supreme Court agreed, saying that one cannot sign away their rights without first understanding them. The right to remain silent originates from the Fifth Amendment right to not self-incriminate. In this context, “staying silent” means not answering questions from the police. Though experts recommend silence from the beginning, a person can invoke their rights partway through an interrogation. The right to an attorney means you do not have to go through questioning, hearings, or a trial without representation — and if you cannot afford to hire an attorney, the court will provide you with a public defender. Ironically, to invoke your right to remain silent, you have to talk — simply not speaking isn’t considered sufficient. A person needs to say as clearly as possible that they are invoking their rights and want an attorney. Many people waive their rights because they know they’re not guilty — or they think that speaking with the police will make them look innocent. Criminal defense attorneys strongly advise against this. Body language, off-handed statements, or inconsistent recounting of events can be used as evidence of guilt. And sadly, many innocent people have been sentenced to time in prison. Though film and TV scripts tend to use uniform wording, there's no required Miranda rights phrasing. Police only need to state the rights and ensure the suspect understands them. It’s also notable that police only have to read Miranda rights when they arrest a suspect — and they can question someone without detaining them. Courts consider anything the suspect says when not under arrest to be of their own free will. If you’re ever arrested or questioned in connection with a crime, the best way to protect your rights is to invoke them right away. Hire an experienced criminal defense attorney or ask the court to appoint one for you. The lawyer will review your case, help you understand the charges, and provide expert guidance on your next steps. Don't feel bad about doing so — these rights are enshrined in the Constitution. They're just that important.

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HUMP DAY, SLUMP DAY

3 FOOLPROOF WAYS TO OVERCOME THE MIDWEEK SLUMP

We know it all too well: Our week starts out strong, with a positive outlook and great aspirations for the work ahead, but by midweek, our momentum starts declining, and it's difficult to bring back our enthusiasm when we still have two full days left. How can you harness positivity and productivity and power through the rest of the week? MONDAY AND TUESDAY DON’T DEFINE THE REST OF YOUR WEEK. Sometimes, the beginning of the week takes such a toll on us that by Wednesday, we just hit a giant wall. To recharge and continue pushing forward, it’s important to start each day with a fresh beginning, letting go of the troubles and struggles from the day before. When you let one or two bad days get the best of you, this can snowball — turning into a bad week. It’s important to seize each day and start anew. SAVE FUN FOR MIDWEEK. Is there a certain exercise routine or class that you love? Have you discovered a hobby that always puts you in a better mood? Do you have a favorite restaurant in town? Scheduling things you love on Wednesday can give you something to look forward to as well as work to keep the funk away too. Doing things that you love can

completely revitalize your positive mindset. Give it a try; it can be a hump day tradition! TAKE SOME TIME FOR YOURSELF. Oftentimes, our weeks are so consumed with

endless tasks for others — our boss, kids, spouses, neighbors, or friends — that we forget to do things for ourselves. Find some time to decompress, take a break from the endless to-do list, and just breathe. It’s a great way to momentarily remove stress from your life! By tuning into these tips, the next time Wednesday rolls around, you’re guaranteed to feel much more prepared to take on the last few days of the week! Hump day horrors, be gone!

MOTHER’S DAY BRUNCH RAINBOW FRITTATA

Impress Mom with this delicious breakfast recipe!

INGREDIENTS

Nonstick cooking spray

Basil, thyme, salt, and pepper, to taste

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1/4 cup sweet potato, diced

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1/2 avocado, pitted, peeled, and thinly sliced

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1/4 cup yellow pepper, diced

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1/4 cup broccoli, chopped

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Cherry tomatoes, halved

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8 eggs

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Sriracha hot sauce (optional)

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DIRECTIONS

1. Preheat oven to 350 F and coat a cast-iron skillet with nonstick cooking spray. 2. In the skillet over medium heat, cook sweet potatoes, yellow pepper, and broccoli until soft. 3. In a medium bowl, whisk together eggs, basil, thyme, salt, and pepper. 4. Pour egg mixture into skillet with vegetables. Don’t stir but instead use a spatula to lift the edges of the egg mixture until it is evenly distributed. 5. Transfer mixture to oven. Bake for 5 minutes or until the dish sets. 6. Top with avocado and tomatoes. Drizzle Sriracha on top (if desired).

Inspired by EatingWell.com

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INSIDE THIS ISSUE 1 Real Estate Wire Fraud Is Increasing 2 What Do Your Miranda Rights Mean? Liar, Liar, Fingers on Fire 3 Don’t Let Wednesday Get You Down Mother’s Day Brunch Rainbow Frittata 4 This Book Has Stood the Test of Time

IT’S TIME TO READ OR REREAD THIS CLASSIC A TIMELESS AND INFLUENTIAL BOOK

“How to Win Friends & Influence People” by Dale Carnegie has stood the test of time. Published in 1936, this book has sold more than 30 million copies worldwide. Relating to the key relationships of humans, the book embodies self-improvement,

because, while technology, education, and infrastructure have all advanced, our basic human tendencies and the way we interact remain the same.

communication, relationship building, and compassion. Every working professional or individual rubbing elbows in their social group needs it in their toolbox! If you haven’t already experienced the influential and game-changing words of Dale Carnegie, it’s time to pick up a copy. If you’ve already read it, it’s time to give it another read to review and remember because there is still much value to unfold.

“You can make more friends in two months by becoming interested in other people than you can in two years by trying to get other people interested in you,” Dale Carnegie states. In “How to Win Friends & Influence People,” he explores the importance of putting the needs, interests, and values of others before your own and how to handle situations for the best possible outcome. It takes a deep dive into getting to know yourself before learning how to bond with others on a personal and/or professional level.

Embedded within each page of this easy-to-read book are recommendations for creating, building

This book, a brilliant study on human nature, will have you wondering why you didn’t read it sooner while reflecting on situations and interactions you could have handled differently. But most importantly, Carnegie’s pointers are sure to provide amazing insights while you learn to get along with just about anyone.

upon, and improving successful and positive relationships within your life, whether it be with friends, family members, coworkers, network professionals, or supervisors. Written and published more than 85 years ago, its life lessons and thought-provoking suggestions still apply today

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