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Florida Contracts Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Can I sue if my bill of sale the dealership and the servicer have different rates, prices etc

I requested a copy of my retail installment contract from my car loan servicer. When i compared it to The bill of sale/ buyers order I received from the dealership that i signed the it was completely different. The vehicle price was off by a thousand dollars, the amount financed is different, as... View More

James L. Arrasmith
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answered on Apr 13, 2024

If there are discrepancies between the bill of sale from the dealership and the retail installment contract from your car loan servicer, you may have grounds for legal action. However, the success of your case will depend on several factors, such as the nature and extent of the discrepancies, the... View More

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: In the state of FL, what is the maximum late payment interest charges a contractor can charge a client for not paying on

In the state of Florida, what is the maximum late payment interest charges a contractor can charge a client for not paying on time? On top of the interest charges can a contractor add a fixed late payment monthly fee? Example 2% late payment fee penalty plus $100.00 per month

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Apr 8, 2024

Unfortunately, as with many issues regarding construction contracts, many of the rights and remedies are derived from the written terms and conditions of the agreement itself, rather from any statutory or regulatory authority. In very general terms, Florida law provides that no combination of... View More

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Florida on
Q: Around 2 weeks ago I loaned a "friend" 200$. We both signed a note stating the amount loaned the date to be paid and a

Sentance stating if not repaid he has to surrender his vehicle keys to me.

The money has not been repaid. He will not answer text/calls.

How can I enforce the part of his keys being surrendered to me.

Angelo "Tony" Marino Jr.
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answered on Apr 8, 2024

You would need to sue your "friend" in small claims court for breach of contract and specific performance of the agreement. It will cost you about $100 to file and serve your friend, but if you win the case the cost will be part of the judgment against him. I suggest you go to the small... View More

1 Answer | Asked in Real Estate Law and Contracts for Florida on
Q: What forms/documents I need to pay the neighbor downstairs for bathroom toilet leak?

Hello,

I have a neighbor downstairs who said a few months ago that there was a damage to her ceiling because of leak from my bathroom. I 'm an the owner of unit upstairs. I called the plumbing company then 6 months ago and they did water test in my apartment. Her bathroom ceiling was... View More

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2024

A Florida attorney could advise best, but your question remains open for three weeks. At the very least, you'd probably want to use a release. Generally speaking, that's a form a claimant signs to confirm that they accept a certain sum of money to settle a claim. A local attorney who... View More

1 Answer | Asked in Employment Law, Contracts, Adoption and Civil Rights for Florida on
Q: Back in 2002 did an employee from DCF have the authority or jurisdiction to preform the CPI aspect,in Polk,Fl.?

Does an employee of DCF or it's CBC entity have authority to do the performance of CPI investigations and the removing children without a warrant,to never allowing reunification.Acting as a fill in.In 2002

James L. Arrasmith
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answered on Mar 29, 2024

In 2002, employees of the Department of Children and Families (DCF) in Florida, including those in Polk County, were indeed involved in child protective investigations (CPI). These investigations are a critical part of the efforts to ensure the safety and well-being of children. The DCF, along with... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: My dad gave my sister permission to give a leasing company to rent out my dads house signed it with her.  then he moved

My sister is under investigation

James L. Arrasmith
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answered on Mar 30, 2024

When a family member grants permission for another to manage property affairs, such as leasing out a house, it's essential that all agreements are clearly documented and legally formalized. If your father signed an agreement allowing your sister to lease the house, this document should outline... View More

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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: question about Failure to Prosecute. Fla. R. Civ. P. 1.420 (e).

American Express sued me 1/14/2022 for a personal loan that I had not approved nor requested.

In Feb 2023 AMEX realizing they had a loser case offered to have the case dismissed with prejudice. I agreed to this because I could get derogatory statements removed on my credit report with... View More

Linda Liang
Linda Liang
answered on Mar 12, 2024

It seems that your attorney owes you a better explanation. Basically, Mere inaction for a period of less than 1 year

shall not be sufficient cause for dismissal for failure to prosecute. " Fla R. Civ P. 1.420(e) requires a clerk to send a notice of lack of prosecution and wait for 60...
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1 Answer | Asked in Contracts and Immigration Law for Florida on
Q: Does the immigrant have to report large purchased such as buying a car to their Sponsor ?
James L. Arrasmith
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answered on Mar 7, 2024

When an immigrant is under a sponsorship agreement, their obligations primarily revolve around adhering to the terms set out in that agreement. Typically, these agreements are designed to ensure the immigrant does not become a public charge, meaning they won't rely on public funds for their... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can the property manager charge me $500 more to move in when it's not on the welcome letter or outlined in signed lease?

Landlord says I need to pay $3000 to move in, but the deposits, pro-rated rent, first month's rent, community's fees, pet deposits and pet rent do not add up to $3000. Instead, it adds up to $2500. I asked the property and they said I'm forgetting pet fees and the math is right.. but... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 2, 2024

You seem to have answered your question yourself. You are basically asking if the other party to your contract (the overall deal you made) can add a charge that you did not agree to, for no reason. Of course not. I suggest you give the landlord your written itemized figures and ask if you're... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can the property manager charge me $500 more to move in when it's not on the welcome letter or outlined in signed lease?

Landlord says I need to pay $3000 to move in, but the deposits, pro-rated rent, first month's rent, community's fees, pet deposits and pet rent do not add up to $3000. Instead, it adds up to $2500. I asked the property and they said I'm forgetting pet fees and the math is right.. but... View More

Phil Revah
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Phil Revah
answered on Mar 10, 2024

A landlord cannot charge anything that is outside the contract. Ask the landlord to point to the relevant contractual language that allows the property manager to charge an additional $500.00. If they cant, then the charge should be disputed.

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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Am I possibly allowed to take Paypal to court after neglecting a compromise in my account and charging my removed card?

So it began yesterday morning at roughly 1:30 AM EST, when my account password was changed, so I had went back in and changed it. Little did I know, someone had been logged into my account, and Paypal (assumingly) did not log them out, after they copied my card numbers and then purchased an online... View More

James L. Arrasmith
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answered on Feb 23, 2024

Yes, you may have grounds to take PayPal to court if you believe they neglected a compromise in your account and mishandled your dispute regarding the unauthorized transaction. PayPal has a responsibility to ensure the security of their users' accounts and handle disputes fairly and... View More

2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Municipal Law and Civil Litigation for Florida on
Q: how many days do i have to answer a motion to compel discovery or any other motions? is there a statute or rule?

in florida collier county civil?

James L. Arrasmith
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answered on Feb 4, 2024

In Florida, the time you have to respond to a motion to compel discovery or other motions generally depends on the specific rules of the court in which the motion was filed. However, as a general guideline, you typically have 20 days to respond to a motion in Florida's state courts. This... View More

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2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: In Florida, what is the legal definition of a gated community?

We have a front gate but a big section of our community does not have a barrier separating it from surrounding areas. We are trying to figure out whether or not it was false advertising and the builder is responsible for providing the additional barrier needed to gate in the full community or if... View More

Jane Kim
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answered on Jan 21, 2024

There is no specific definition about that. You may want to review your PUD (Planned Unit Development) documents filed with the county and your HOA governing documents, to determine if the final community reflects the governing documents.

It also depends what you are trying to get at...
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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: One year term - monthly home lease in Florida without exit clause. Can it be broken without paying for the full year?

Elderly couple on fixed income selling their home in Florida with an August 21, 2023 closing date. They were required to be out of the home prior to the closing date. On July 13th they leased a residence based on a one year term, monthly payment lease and moved in. The lease had no "early exit... View More

Timothy C Martin
Timothy C Martin
answered on Jan 19, 2024

A signed lease is a legal contract between the parties. In this situation, the elderly couple signed a one-year lease, so the landlord can hold them responsible for it. If the lease allows, the unit could be sub-let to another renter, but the couple will be responsible for rent until that happens.... View More

1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: Can I still file a Motion to Enlarge Time to File Response if Plaintiff's attorney has said they wouldn't approve?

Can I just file it with the court, or does opposing counsel have to approve/accept it?

I asked them for a 30 day extension so that I can find adequate counsel and they said they wouldn't allow it.

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 18, 2024

Yes, that's your only option. Either you or the plaintiff's attorney can set your motion for hearing. "I need more time to find an attorney" is generally not a good reason for the judge to grant your motion. My suggestion is to file your motion, and be working real hard to hire... View More

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: Is my lease still valid if I signed 8/2023 come to find the company’s LLC dissolved in 9/2022?

I am having to move and they are saying I have to pay remainder or rent for 6months including my deposit, have heard shady stuff about the company so I did a quick search and found this out. I’m in Orlando, Florida

Jane Kim
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answered on Jan 7, 2024

It depends how the lease was signed. Also, the LLC may not be the right party to the lease but the terms may inure to an individual. You need to read the lease to understand more. Basically, they shouldn't be creating new terms, and you shouldn't be unjustly enriched because the LLC... View More

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: BANK CANCELS CAR LOAN CONTRACT DUE TO LATE FIRST PAYMENT OF 14 DAYS. IS THIS A REPO AND HOW ?? ARTICULE 9?

NOW....THE DEALER EMAILED ME AND WANTS THE CAR BACK DUE TO BANK REQUESTING BUYBACK TO DEALER AS I DEFAULTED ON THE FIRST PAYMENT.

NOW.....

CAR GOES BACK TO DEALER,

DEALER GIVES WESTLAKE BANK THE MONEY BACK,

CUSTOMER LOSES 3K DOWNPAYMENT.

THE CAR PRICE WAS... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 6, 2024

Did you agree to terms that let them take advantage of you as you describe, or not? Read the contract terms on the remedies granted to them when the buyer is in default, and determine if you agreed to whatever those are. If unclear, or you think they are violating the terms or that you did not... View More

1 Answer | Asked in Contracts for Florida on
Q: Signed contract but was told different information

When signing a contract at this gym I was told there would be a $100 cancellation fee, now I am attempting to cancel and they are making me pay 50% for the remaining months

Nicole Deese Newlon
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answered on Jan 5, 2024

Often there is a provision in a contract that says verbal representations (what they say to you outside of the contract) are not controlling and the terms of the written agreement are controlling. Does your contract with the gym say that it would be 50% for the remaining months? If so, it may be... View More

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: I have two project contracts direct with an owner of a building. Can I file one lien for both or do I need to file two?

We are an Engineering company who contracted directly with the owner. No NTO was sent.

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Dec 19, 2023

In general, when a person entitled to record a construction lien is in privily with the property owner, no notice to owner is required as a precondition. Again, in very general terms, the right impose a construction lien is based upon services performed under the contract's particular scope... View More

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: Unfinished work that was paid for and no response from pool builder

I am currently facing a situation with a pool construction company, Holiday Pools, that has refused to communicate for over 30 days and has not finished the pool construction as agreed. What legal steps can be taken in this scenario, and what options are available to address this issue?

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Dec 19, 2023

Unfortunately, you are in similar shoes to many in Florida who find themselves dealing with pool contractors who may have over promised, under performed, and often the homeowner finds themselves with a big hole in the ground and not much else.

The further unfortunately, is that while...
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