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Questions Answered by Jane Kim
1 Answer | Asked in Business Law and Contracts for Florida on
Q: Is an email enough to modify the terms of a contract?

I am deciding whether to sign an agreement between myself and a bank for card processing services. The merchant agreement states there is an early termination fee, but I was able to get the bank to agree to waive the fee via email. If I sign this agreement as written but retain a copy of that... Read more »

Jane Kim
Jane Kim
answered on Jun 29, 2022

Your written agreement reflects final terms and would likely exclude any oral or written understandings outside of the written agreement unless incorporated by reference as an addendum or exhibit.

1 Answer | Asked in Real Estate Law, Tax Law and Banking for Florida on
Q: I’m from Malaysia , years ago I bought a land with LLC, tax wasn’t pay , company not active.

Then the land was put into auction I think. Now they gave me a surplus disbursement check . I cannot claim it directly with my name ,on my country. How can I claim the money. I was planing to open another LLC same name but my country don’t have LLC. They have LLP or BHD . Or Can I hire a lawyer... Read more »

Jane Kim
Jane Kim
answered on Jun 29, 2022

A lawyer cannot "claim" it for you, but can help you navigate this transaction. I recommend contacting the county or whomever issued you the check to re-issue it to you individually in your name. If that does not work, you may need a lawyer to figure out next steps.

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: Dissolving Florida LLC answer "A description of occurrence that resulted in the limited liability company's dissolution"

I'm dissolving a Florida LLC and on the form it asks for "A description of occurrence that resulted in the limited liability company's dissolution" and I'm not sure of how to answer.

My operating agreement states:

The Company will operate until terminated... Read more »

Jane Kim
Jane Kim
answered on Jun 23, 2022

It is not a trick question. You should mark the option that applies to you. Sounds like the members decided to dissolve it, so choose that option.

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4 Answers | Asked in Bankruptcy and Collections for Florida on
Q: My mom is being sued by a creditor even though she filed bankruptcy on them almost seven years ago. Can they sue?

The debt is from “Lending Club” but a different company is suing her for that debt. Since she filed bankruptcy in 2016 and it’s been so long since then, can they even legally sue her? Since it’s not even the same company, could they do this? She is being taken to pre-court next week. She... Read more »

Jane Kim
Jane Kim
answered on Jun 22, 2022

That debt was discharged only if the original company was listed as a creditor in bankruptcy.

You can contact the bankruptcy court and get a copy of the list of creditors to confirm, then bring the bankruptcy info. and the list of creditors to court.

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2 Answers | Asked in Real Estate Law for Florida on
Q: FL HOA LAW. Board meeting minutes.

is 30 days considered a reasonable timeframe for the minutes or draft minutes to be provided to the membership following a board meeting?

Jane Kim
Jane Kim
answered on Jun 20, 2022

The unapproved minutes should be available for inspection upon written request, just like any other official record. Also, you can disseminate your own synopsis or narration of the meeting.

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1 Answer | Asked in Real Estate Law for Florida on
Q: How do I initiate a quit claim deed. I have transferred an unimproved land parcel from one IRA custodian to another.

The custodian receiving the parcel is asking for a recorded quit claim deed. The transferring custodian says I need to obtain it, forward to them and they will sign it and send to receiving custodian.

Jane Kim
Jane Kim
answered on Jun 13, 2022

A quitclaim deed is a form that a lawyer can draft for you.

2 Answers | Asked in Divorce, Civil Litigation and Libel & Slander for Florida on
Q: I am going through a nasty divorce and my soon to be ex wife has been threatening to share intimate information

She is sharing info about my sexual secrets to ruin my image and career

Jane Kim
Jane Kim
answered on Jun 12, 2022

Speak with your divorce attorney.

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2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: How do i obtain a full transcript of a conversation on instagram messages? all the evidence i need is in that chat log.

An individual committed fraud against me and i lost $6000+, instagram does not have an In-App feature to download the entire transcript, how can i obtain it?

Jane Kim
Jane Kim
answered on Jun 11, 2022

Subpoena to instagram, and that's only if you already have a pending case in court.

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2 Answers | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Florida on
Q: In FL is it illegal/can I be sued for building a fence off of my neighbors existing fence?

I bought my property less than a year ago. On the right side my neighbors already had a 4ft wire fence in place (about a 30 year old fence). My husband and I wanted to cross fence our property to make an area for our dogs. To do this we bought supplies and connected it to the existing boundary... Read more »

Jane Kim
Jane Kim
answered on Jun 6, 2022

You can use it, meaning you can receive the benefit of their fence being there, but you are not suppose to attach to it. If it is a boundary fence then both of you have an obligation to maintain it. Having said that, in order to have a legitimate claim, one must show damages.

Here are some...
Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: Is partition cost shared

If the sale of my co owned house in Florida goes to partition does the other owner have to share in my legal costs incurred from the partition (lawyer expenses) if they have none, due to they are able to represent themselves.? Respectfully. I do not have a lawyer as per the first answer .that is... Read more »

Jane Kim
Jane Kim
answered on Jun 4, 2022

Sounds like you have legal fees, and therefore have a lawyer, why don't you ask him/her?

1 Answer | Asked in Real Estate Law and Foreclosure for Florida on
Q: Could I still register a quitclaim deed in my favor written in 2013 and stop the property sale by Partition Lawsuit?

My brother and I have in Miami, a common property where I have always lived. In 2013 my brother transferred the property to me. In 2020, my brother learned that the value of the property had increased significantly and that I had lost the quit claim deed without having registered it. So, he sued... Read more »

Jane Kim
Jane Kim
answered on May 21, 2022

Your deed is valid as between your brother and you. However, it is void as to other third parties because it was not recorded, and they do not have notice of it. However, you may still be able to record it to put them on notice prior to closing. Obviously, you should consult an attorney to deal... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Is the year to year lease in Florida legal if it states 120 days needed to be given for early termination?

My year to year lease states: "You must give at least 120 days written notice of termination or intent to move-out". Looking at Florida State law 83.575, it says "may not require more than 60 days’ notice before vacating the premises". Is the lease I signed in violation of the... Read more »

Jane Kim
Jane Kim
answered on May 16, 2022

It depends if you are talking about a residential or commercial lease. The statute you are referencing applies to residential leases.

Good luck.

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3 Answers | Asked in Business Formation and Business Law for Florida on
Q: How can you change the percentage of ownership in the state of Florida for an llc?
Jane Kim
Jane Kim
answered on May 10, 2022

The operating agreement delineates the ownership and describes the percentage of each member.

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1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Florida on
Q: If I have a house on a canal or body of water what legal concerns come with renting out my dock for boaters to rent?

Do I have rights to rent my dock since I don't "own the water"? What happens if they crash into my dock? Any legal concerns or suits that can be brought against me as the dock owner?

Jane Kim
Jane Kim
answered on May 8, 2022

If they crash into your dock, you'd have a lawsuit against them.

If someone drowns and the heirs may blame you for poor maintenance of the dock.

Here is a good resource as to what you'd need to establish lease terms, responsibilities, disclaimers and protections:...
Read more »

1 Answer | Asked in Business Law for Florida on
Q: I stopped operating my Florida LLC in February. I want to confirm that I don't need to file an annual report or pay a...

...late fee for missing the May 1 deadline. I have not yet formally filed to dissolve the LLC, but plan to next week. From the info on Florida's website, I assume I can file it and there will not be a penalty, but it would put my mind at ease if you could confirm that I'm correct.... Read more »

Jane Kim
Jane Kim
answered on May 7, 2022

The late fee is only if you decide to reinstate the LLC. Otherwise, there is no late fee, it will be dissolved involuntarily for failure to file an annual report. You can proactively pay a small fee and file articles of dissolution, but you do not have to.

1 Answer | Asked in Bankruptcy and Civil Litigation for Florida on
Q: post judgement order

have order from 2014 (thru Atlanta Bankruptcy Court) where defendant owes me 4995.00 could never find defendant but recently found out he lives in Tenn now (original order is from Atlanta Ga). Can I still fight for this judgement even though it was from 2014? Defendant owes me 4995.00 and i... Read more »

Jane Kim
Jane Kim
answered on May 3, 2022

Sounds like that debt was discharged in bankruptcy. You'd want to double check the bankruptcy case. If your debt was listed and bankruptcy was granted, then the debt was discharged. This means you cannot collect on it anymore.

2 Answers | Asked in Real Estate Law for Florida on
Q: We paid a special assessment to our HOA in full. We then sold our unit prior to the completion of the project.

The final price of the project was $6,700-per-unit less than the assessed amount.

The HOA refunded this amount to the current owners, not to the parties that actually paid the assessment.

Legally, this does not seem right.

Are we, the party who actually paid the... Read more »

Jane Kim
Jane Kim
answered on May 2, 2022

The owner at the time of the refund receives the refund.

You sold the unit and no longer have a claim to anything related to the unit.

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1 Answer | Asked in Business Law for Florida on
Q: What is the exact meaning of "Final Judgment of no liability" in a proposed judgment. Court is in Florida.
Jane Kim
Jane Kim
answered on Apr 30, 2022

It means exactly what is says- no liability (in a lay person wording- not guilty).

2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: Instead of buying a property with a closing can I just transfer the ownership of the LLC which owns the property?

The property is located in Florida, currently owned by a Florida LLC with one member. The property has no mortgage or liens. I would be 'owner financing' it with the current owner to avoid closing costs and a taxable value increase.

Jane Kim
Jane Kim
answered on Apr 26, 2022

I totally agree with Mr. Thorgaard's response.

In addition, you are going to acquire title to the property and finance your own self? That's confusing.

But you can dispose of all the formalities and accept the nature of the high-risk transaction by using a quitclaim...
Read more »

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1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Florida on
Q: Is it legal or would I leave myself open to civil lawsuits to publicly tell a story involving patients from my job

I'm an experienced healthcare worker and I'd like to publish my experiences. Is it legal to tell stories about patients without mentioning any types of identifying patient information? I would keep names, ages and locations out of it.

Jane Kim
Jane Kim
answered on Apr 22, 2022

If you are an "experienced" healthcare worker then you are familiar with the term "deidentifying protected health information (PHI)." If there is no way to track back and identify the patients you are describing then you are fine.

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