Small Business Problems Grow Fast. Address Them Early.

Which legal issues come up most often for businesses in South Florida

Most business legal problems start as everyday friction. A payment runs late, two owners disagree about a decision, or a staffing question goes unanswered. If nobody addresses these early, they can grow into formal disputes.

This page answers the question, “What legal issues are businesses facing today?” It groups the common problems into six areas: partnership disputes, vendor contracts, employment, buying and selling a business, commercial leases and evictions, and real estate investment. These areas match the practice areas handled at KEW Legal. This is a guide, not a survey or a ranking.

This is general information, not legal advice. The outcome of any matter depends on its facts, its documents, and the law that applies to them.

Your starting point might be a partner who has gone quiet, a lease notice that just arrived, or a vendor who won’t finish the job. Each one points to a different area of law. The first step is often the same: gather the papers.

Partnership and ownership disputes

Partnership disputes usually start with a question nobody wrote down. Common triggers include disagreements over capital contributions, who makes which decisions, how profits are paid out, and an owner who drops out of the business.

Florida’s partnership law starts with the partnership agreement. Under Fla. Stat. § 620.8103, the partnership agreement generally governs relations among partners, subject to the duties and rights listed in § 620.8103(2) that the agreement cannot vary or eliminate. Relations among partners and between partners and a partnership are governed by the partnership agreement, but the agreement cannot vary or eliminate the duties and rights listed in § 620.8103(2).

Under Fla. Stat. § 620.8401, ordinary business decisions are generally made by a majority of partners, and amendments to the partnership agreement generally require unanimity, unless the partnership agreement provides otherwise under § 620.8103. Under Fla. Stat. § 620.8401, an act outside the ordinary course needs the consent of all partners.

Limited liability companies follow their operating agreements. Under Fla. Stat. § 605.0105, an operating agreement cannot simply eliminate the duty of loyalty or the duty of care.

A common mistake is acting before reading the agreement. Gather the agreement and any amendments, bank statements, emails, meeting notes, and capital account records. These show what was agreed and what was paid.

Vendor and business contract disputes

Vendor disputes usually involve late or defective work, invoices nobody agrees on, unclear termination terms, or scope changes made by phone. The written contract is the first place to look. Its notice, cure, and dispute clauses often set the next step, so read them before any message goes out.

Florida sets time limits for these claims. Whether a contract is in writing can affect the deadline to sue under Fla. Stat. § 95.11, and sales of goods fall under that same statute, since Florida never adopted a separate UCC limitation section for them (there is no Fla. Stat. § 672.725). Calendar key dates early.

Buyers of goods have a notice duty. Under Fla. Stat. § 672.607, a buyer who accepted goods must notify the seller of a breach within a reasonable time after the buyer discovers or should have discovered it. Otherwise the buyer may be barred from any remedy.

Some contracts send disputes to arbitration. Under Fla. Stat. § 682.02, a written arbitration agreement is valid and enforceable, with limited exceptions.

Keep a paper trail from the start. Save signed proposals, purchase orders, change emails, and delivery receipts. When a vendor relationship ends, questions about payments owed and property or data returned often follow.

Employment issues employers face

Employers often face questions about wage rules, whether a worker is an employee or an independent contractor, how discipline and firing are documented, and what the handbook says. Consistent records and timely responses to employee complaints shape how these matters develop.

A job title alone doesn’t settle worker status. Under this federal regulation, labeling employees as independent contractors does not make the protections of the Fair Labor Standards Act inapplicable. The test looks at economic reality, including whether a worker is economically dependent on the employer or is in business for themself.

Florida has its own minimum wage law. Under Fla. Stat. § 448.110, a worker who wins a minimum wage claim recovers unpaid back wages, an equal amount as liquidated damages, and reasonable attorney’s fees and costs. The court can reduce the liquidated damages if the employer shows good faith and reasonable grounds.

Federal anti-discrimination duties depend on how many employees a business has. The EEOC’s small business requirements explain these duties.

KEW Legal’s employment law attorney for employers page covers the employer side of this work in more detail.

Buying, selling, and succeeding a business

Buying or selling a business raises questions about what the buyer takes on. Common topics include due diligence, representations and warranties, purchase price adjustments, and whether contracts and leases transfer. Each should be checked before closing, not after.

Tax liability can follow a business sale. Under Fla. Stat. § 213.758, a buyer may become liable for a seller’s unpaid Florida taxes in certain cases. That is why this question belongs on the closing checklist.

Succession planning asks different questions. Who will hold authority? How do ownership interests transfer? How does the business keep running during the change? A buy-sell agreement can address these points, but it works best when it is in place before a change happens.

Owners often think about succession when life changes. Age, health, relocation, or a move out of state or abroad can all prompt the question. Working through these issues early is usually easier than working through them in a crisis.

Commercial leases, commercial evictions, and investment property

Lease disputes usually involve unpaid rent, unclear repair duties, default notices, and questions about renewal or assignment. Under this Florida statute, Part I of Chapter 83, Florida Statutes, governs nonresidential (commercial) tenancies and all tenancies not governed by Part II of the same chapter.

Possession has defined routes. Under Fla. Stat. § 83.05, a landlord recovers possession through a court action that decides the right of possession, after the tenant surrenders the premises, or after the tenant abandons them. Changing the locks is not one of those routes.

Owners who live abroad or out of state still need a local process to enforce a lease. A written lease, a clear rent ledger, and dated notices make that process easier to follow.

Investment property raises its own questions. These include the ownership structure, a review of lease terms at purchase, and tenant estoppel certificates, which are documents where a tenant confirms its lease terms. Verbal side agreements about rent or repairs are a frequent source of trouble.

When outside general counsel can help, and how to start the conversation

Outside general counsel is ongoing legal support for a business owner. It can cover contracts, employment, ownership, and property questions over time, instead of one problem at a time.

Kristina E. Wilson is the lawyer responsible for this page. KEW Legal has offices in Coral Gables and Sunny Isles Beach. Our team includes support staff who help with office work.

What legal issues are businesses facing today in South Florida?

Common issues include partner disagreements, vendor contract disputes, employment questions, business sales, commercial leases, and evictions. Each depends on the documents and facts involved.

Does calling a worker an independent contractor settle the question?

No. Under the federal wage-and-hour law (FLSA), federal guidance looks at the economic reality of the working relationship, not the label used.

Is this page legal advice?

No. It is general information, and each matter depends on its own facts and documents.

If a co-owner has gone silent, a tenant has fallen behind, or a vendor won’t perform, you don’t have to work through it alone. KEW Legal offers a free first consultation that is confidential and carries no obligation to continue. Call 305-990-2300 or send a message through the contact form.