Our Firm & Practice Areas

IMG_1151.JPG

Richard S. Johnson, P.A. and Allure Title & Escrow Company has been proudly serving Niceville, Florida and the surrounding area for 27 years. 

 We value our clients and believe in building long-term client relationships based on a results-oriented, commonsense approach to solving problems. We recognize the importance of providing both effective and efficient legal services. 

 

We also understand that in today’s world traveling for appointments is not always possible. For the convenience and safety of others in these trying times we offer telephone appointments and encourage communicate via email.

Practice Areas

Our Team of Experts

Kristy Saylor

Closing Coordinator & Office Administrator

Helen Symonette

Paralegal

 

REAL ESTATE LAW

We regularly advise and represent real estate developers, commercial and residential landlords, and commercial tenants in all types of real estate matters including:

  • Purchase and sale transactions - In many cases, a real estate transaction is the first experience a client has with a lawyer.  We are committed to making these transactions go smoothly by providing high-quality legal counsel, representation, and title work.

  • Closings & Title services - Whether you’re buying a new house or refinancing an already existing mortgage, seeking guidance from a closing attorney can help relieve any unnecessary stress associated with the process. Our legal team has extensive experience assisting clients in a wide range of real estate transactions, including 

    • Title examination - Checking the title on the property being sold

    • Title insurance - Ensuring that the insurance protects you in the event that a future problem is found in the title

    • Document review - Present the necessary paperwork associated with the closing process

    • Record and disbursement - Dispersing transaction fees, including insurance premiums, inspection fees, and HOA dues.

    • Clearing a Title - This may include errors with prior recordings of the title, discrepancies in the way the property is described in documents, or errors encumbrances and easements on the property.

  • Commercial and residential leases - Our firm regularly draft, negotiate and review lease agreements on behalf of commercial and residential landlords and tenants.

  • Leasing and development matters - Our firm can assist with negotiations, zoning, subdivision development and risk management.

  • Real estate development - Our firm assists developers with all aspects of their projects, including contract drafting, land use and zoning matters, and the litigation of disputes.

  • Homeowners and Condominium Associations - Our firm provides legal advice and representation to several homeowners and condominium associations throughout the region.

  • Real estate litigation - Our firm provides diligent representation to property owners, developers, contractors and other parties in all types of real estate disputes. This includes contract disputes, boundary line disputes, easement disputes, and mechanic's lien disputes.

  • Deeds -  Our firm can assist with reviewing, drafting and filing Quit Claim Deeds, Deeds of Trust and Specialty Deeds.

  • Landlord Tenant - Our firm represents all types of clients, from property managers to owners of single-family properties as well as multi-unit and commercial properties. We can assist you with 

    • Drafting and reviewing lease agreements

    • Drafting and reviewing property management agreements

    • Lease noncompliance/violations

    • Maintenance/repair issues

    • Termination and evictions issues

    • Past due rent issues

    • Housing discrimination

    • Security deposit disputes

    • Damage caused by tenants

    • Property management

Business Law & Commercial Law

Whether you are ready to start a new business and need to select the best business structure or need assistance collecting your commercial debts, we have the experience to assist you. As a small business owner, you are likely to encounter a wide range of legal issues within the regular course of business. We can assist you with all of your business-related legal concerns.

  • Entity formation and contracts -  Our firm assists business owners with the creation and registration of corporations, limited liability companies, partnerships, and all types of charitable organizations. We also provide drafting and review of business contract services. 

  • Contract litigation -  Our firm has the experience and insight to provide effective representation to both plaintiffs and defendants in business breach-of-contract claims.

  • Business tort litigation - Our firm is prepared to help businesses pursue and defend claims for unfair competition, tortious interference, defamation and other business torts.

  • Contract Review and Drafting -  Our firm can assist with contract review and drafting contract documents including terms and conditions, contactor-owner agreements, subcontractor-contractor agreements, owner-architect agreements, owner-engineer agreements, engineer-architect agreements, developer agreements, licensing agreements, distribution agreements, teaming agreements, joint venture agreements, supplier agreements, promissory notes, guarantees, releases, settlement agreements, privacy policies, terms of use, workmanship warranties, manufacturer warranties, indemnity provisions, disclaimer provisions, notice provisions, pay when paid clauses, price acceleration provisions and all types of contract documents.

  • Litigation & Arbitration – Our firm represents contractors, subcontractors, architects, engineers, suppliers, manufacturers, developers, and others in the construction industry. These disputes include claims involving claims of lien, payment and performance bonds, Miller Act bonds, prompt payment interest, negligent design, defective construction, equitable liens on undisbursed construction proceeds, equitable liens on property, construction defects, lien foreclosure, real property disputes, breach of warranty, breach of contract, unjust enrichment, disputes based on open accounts, tortious interference with business relationships, fraudulent misrepresentation, and defamation claims.

  • Commercial Transactions

  • Commercial Leases, Disputes and Transactions

  • Buying/selling property

  • Bank loans or financing

  • Environmental compliance

  • Title insurance/title review

  • Purchase contract negotiation

 

Construction Law 

Our firm provides legal counseling, advice, negotiations, procedures, document preparation, including 

  • Standard industry contract forms 

  • ​Provisions regarding differing site conditions, extras, time of performance/scheduling, liquidated damages, and no damages for delay.

  • ​Negotiating preferred contract terms.  

  • ​Licenses, certification, and building permits.

  • ​Requirements of proper payments, Notices to Owner, Progress Payment Affidavits, Final Contractor’s Affidavits, and Construction Liens​

 

Civil Litigation 

Our firm has successfully resolved disputes both at trial, and through negotiations and mediation between parties.  We are committed to maintaining communication and providing a clear understanding of the steps of the legal process to our clients.  We are always prepared to take your case to trial if necessary, and we will represent your best interests. 

 

Foreclosure Defense and Prevention

We take stopping foreclosures seriously.  Foreclosure can be disruptive and damaging.  What many people facing foreclosure do not realize is that they have options.  If the lender is unwilling to negotiate, a borrower can stay foreclosure through bankruptcy or fight foreclosure proceedings in court.  Our firm understands the options available and helps clients facing foreclosure pursue the best strategy based on their financial situation and goals.

 

Bankruptcy Chapter 7

A decision to file for bankruptcy should be made only after determining that bankruptcy is the best way to deal with your financial problems.

Chapter 7 is a section of the federal Bankruptcy Code that provides for outright cancellation of most types of personal debts without a repayment plan and for possible sale of some types of nonexempt property to pay such debts. 

 

 

Estate Planning and Probate 

Estate planning is important for people of all ages because it addresses financial, personal and healthcare decisions that have cross-generational implications for quality of life. Estate planning is just as important for younger adults as it is for older individuals. Young families, in fact, should take special care that unexpected misfortunes do not threaten the security of minor children. 

An estate plan ensures that personal wishes are honored, and it should evolve with each key family event—marriage, births, deaths, home purchases.  At minimum, it should address a Last Will and Testament, guardianship for minor children, any beneficiaries with special needs, insurance, investments, durable powers of attorney, and healthcare directives.  Our firm can assist with:

  • Wills and trusts - Your will is the cornerstone of your estate plan and should be carefully drafted to achieve your goals. Depending on your personal circumstances, we may recommend drafting a revocable or irrevocable trust agreement in addition to your will.

  • Asset protection - If you are concerned about protecting your assets from personal and/or business creditors, our attorneys can evaluate your circumstances and advise you on the use of estate planning and entity formation strategies to achieve your objectives.

  • Incapacity planning -  Our firm drafts living wills and powers of attorney to address the needs of clients who are concerned about what will happen if they become incapable of caring for themselves. We also assist clients with the creation of guardianships.

  • Elder care planning - If you are concerned about what will happen to your assets in the event you need to go into a nursing home or receive in-home nursing care, we can help you plan ahead to take full advantage of Medicaid and other government benefits.

  • Estate administration - Our experienced probate attorney frequently assist personal representatives (executors) with the administration of estates in probate court. We also advise trustees on the administration of trusts and represent parties in estate litigation.

  • A durable power of attorney - A written, witnessed, and notarized power of attorney by which a principal designates another as the principal's attorney, in fact, to make financial decisions and handle financial and business affairs for the principal during the principal's lifetime.

  • Designation of health care surrogate - Written and witnessed document where the principal's desires concerning health care and medical treatment are expressed which includes appointing someone to make medical decisions and deal with doctors on the principal's behalf and/or making anatomical gifts upon death.