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Questions Answered by Jane Kim
1 Answer | Asked in Real Estate Law for Florida on
Q: is name of preparer and 3x3 block.required on a florida deed

does grantor name have to match exactly as legal id

Jane Kim
Jane Kim
answered on Dec 1, 2022

Yes, preparer's name at the top left is a requirement. Not exactly sure what you are trying to compare but legal ID is a number. Grantor's name must be the actual full name of the person or entity, which should match the name of the grantee from the immediately preceding deed. And yes,... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: if a deed is filed in florida with only one witness and a notary. when is it deemed invalid and require a corrective dee

is the name of the prepairer required on a deed in florida

Jane Kim
Jane Kim
answered on Nov 30, 2022

Improper deed will become a problem at the time of sale or whenever someone comes along challenging ownership. It should be corrected as soon as possible.

4 Answers | Asked in Real Estate Law for Florida on
Q: I am about to buy a home using the VA. After I close I would like to do a quitclaim to add my fiance. Is there anything

that prevents me from doing this?

Jane Kim
Jane Kim
answered on Nov 29, 2022

I would contact your VA lender to ask this question. Typically, mortgage loans trigger a due on clause (payable at once) if there is a change in ownership because it is a material change. However, many lenders have a form now to request to add or amend owners by quitclaim deed.

Good luck.

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2 Answers | Asked in Civil Litigation, Education Law and Real Estate Law for Florida on
Q: Under what law am I or anyone , required a GED to become a real estate agent.

I’d like to know the exact law or statue that states I have to have a ged to attend classes to become a real estate agent. Or any other special trade school.

Jane Kim
Jane Kim
answered on Nov 6, 2022

Here is the link to the licensing requirements from the regulatory body- https://www.myfloridalicense.com/CheckListDetail.asp?SID&xactCode=1010&clientCode=2501&XACT_DEFN_ID=744

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1 Answer | Asked in Contracts and Construction Law for Florida on
Q: We are in the process of having a pool constructed and our pool builder was in the process of installing the pool cage.

Before it could be completed Ian destroyed the cage. The pool equipment is on site. Never connected to electricity and pool never received its interior finish. Who technically owned the pool. Should it be the homeowner or pool builders responsibility to replace the cage to get the project moving... Read more »

Jane Kim
Jane Kim
answered on Oct 31, 2022

You should read your contract for "risk of loss" provisions. Most likely, however, it is your cage because it was already delivered to your property, and you are responsible. I'd ask for the contractor's insurance, maybe it'd cover it (small chance).

2 Answers | Asked in Business Law for Florida on
Q: business in Florida while living in Connecticut. Defaulted on business loan. Sign guarentee which state laws do I go by
Jane Kim
Jane Kim
answered on Oct 31, 2022

It is likely the lender may institute a cause of action against you individually (personal guarantee) and has a choice of bringing a suit in either state. If your loan does not provide for a choice of law provision (unlikely, read your loan agreement) then the law of the state where the suit will... Read more »

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2 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for Florida on
Q: I won a $6000 smallclaims suit against an autoshop.The owner want me to get a lawyer to arrange payment. Can you help?

The owner of an auto repair shop I just won a $6000 small claims suit against want me to get a lawyer to arrange the payment. Can she make me do that? Do I have to do that? Do I have to get a lawyer? Do I have to take her to court again?

Jane Kim
Jane Kim
answered on Oct 31, 2022

To add to Mr. Baron's response, collections is considered an ancillary lawsuit to the underlying lawsuit. If the party does not pay on the judgment, you will have to return to court to enforce it. Don't forget to record your judgment.

Good luck.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I need to find out if I have grounds to go after my realtor and her company?

She misrepresented us in selling our home. We got a cash offer and they told us that it was a bad deal on the legal side which they are not lawyers. They told us not to take it so we ended up losing the deal. They also mishandled the selling of our home. Causing us at this moment to lose out on a... Read more »

Jane Kim
Jane Kim
answered on Oct 16, 2022

What's bad about a cash deal? You signed an agreement to sell that showed the sale's price you agreed to. I assume you received that money. What can possibly be wrong "legally", as you say, if you received the cash you wanted to receive?

2 Answers | Asked in Contracts, Tax Law, Business Law and Intellectual Property for Florida on
Q: We created a computer program that buys and sells Forex. We'd like to make sure we're legally following procedures.

We would like to take on clients to split the funds that the program makes from the buys/sells, but we want to be sure we do it the right way, legally and for tax reasons. We are researching resources to make sure we do this properly.

Jane Kim
Jane Kim
answered on Oct 31, 2022

You might be considered a financial institution for purposes of US regulations. Since this app would have an online presence and an international reach, you'd need to ask this question in every jurisdiction where you process payments. it is likely you'll need more than one type of lawyer... Read more »

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2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Florida on
Q: florida law. can a new owner of a motel that i have lived month to month for 3 1/2 years tell me to leave in one day?

motel has no lease and i pay month to month. i have been here for a little more than 3 and 1/2 years. the new owners knocked on the door and told me i had to vacate the premises by tomorrow. if it matters i am 70 years old and am a heart patient. please advise. thanking you in advance.

Jane Kim
Jane Kim
answered on Sep 16, 2022

It is 15-days notice whether you are deemed a commercial or residential tenant. If it is for non-payment (does not sound like it) then under commercial leases there is a 3-day notice requirement. At this point, they will have to follow formal eviction procedures to actually evict you. Therefore, I... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: Do we have the right to sue.

My husband and I put a down payment on a home but before we could sign anything we decided not to go through with the process. However, the management company that accepted the check will not issue an refund. It's been over a month since we started the buying process and every time corporate... Read more »

Jane Kim
Jane Kim
answered on Sep 7, 2022

You always have the right to sue. Sometimes, all it takes is a demand letter from a lawyer, unfortunately.

I must disagree with my colleague, downpayment is often refundable, it depends where you are in the process. It sounds like you are at the earliest stages of contract, or it...
Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is an email offer contractually binding?

My landlord offered to pay my moving expenses to vacate the home we were leasing. Once we moved out, they refused to pay.

Jane Kim
Jane Kim
answered on Sep 6, 2022

Yes, it is binding to the extent you relied on it to your detriment.

The only problem is that the amount is likely too small to involve a lawyer.

Good luck.

1 Answer | Asked in Business Law and Contracts for Florida on
Q: Hello, I have small photography business in FL and a potential client asked for services to photograph a wedding in FL.

They were sent a contract to hold the date via docusign, contract states it is only valid with full signature AND receipt of deposit. Deposit is only accepted via zelle, paypal and venmo(certified checks are for businesses only). They signed the contract - and didn't send the deposit... Read more »

Jane Kim
Jane Kim
answered on Sep 3, 2022

Contract with the purpose of committing fraud is void. Therefore, I would not worry about some signed and illegal piece of paper. I would block them so that they cannot contact you again. And most certainly, do not initiate any more contact with them.

2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: If I take out $200,000.00 from my retirement account to purchase/invest in a rental property.

Will I have to pay early withdrawal fees?

Jane Kim
Jane Kim
answered on Sep 2, 2022

Yes, there is an early withdrawal penalty unless you are very close to retirement then you should consult with an accountant because in certain situations you would not have to pay the penalty. And if you use it toward first time home buying, there is an exception to the penalty.

Good luck.

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1 Answer | Asked in Real Estate Law for Florida on
Q: lease 2/2020-6/2024 can rent be raised with a certified letter of addendum to lease

• RENT PAYMENTS, TAXES AND CHARGES. Tenant shall pay total rent in the amount of $ 19,200.00

(excluding taxes) for

Lease Term.

MISCELLANEOUS.

A. Time is of the essence of the performance of each party's obligations under the Lease

The Lease shall be... Read more »

Jane Kim
Jane Kim
answered on Aug 31, 2022

A quick answer is No unless the original lease allows for rent adjustments.

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: Buying a house with a current leased solar panel agreement - seller says buyer must assume lease. What if I don’t?

In other words, what if we go through closing, everyone signs the paperwork the title company has for the sale of the property (none of which includes the solar lease), and I just don’t assume the solar lease? The only thing about the solar lease is the wording “buyer must assume solar lease”... Read more »

Jane Kim
Jane Kim
answered on Aug 29, 2022

You need to have a lawyer review the lease agreement with the solar company, whether the lease is assignable (probably) and what the remedies against you might be. It might list repossession as the only option, which is what you'd want anyway.

You agreed to the lease in the contract....
Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: Is there anything the seller can do after they've signed the contract and closing is done and it's already been recorded

I recently purchased a home from a lady and everything had been signed everything have been recorded everything have been paid and her son shows up harassing me at the house because he feels like she didn't get enough money is there anything that they can do besides embarrass me and try to run... Read more »

Jane Kim
Jane Kim
answered on Aug 28, 2022

Make sure you record the deed, if you haven't done so already. Once you do that, other uninvited guests are trespassers, that's what Mr. K was trying to explain.

Good luck.

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2 Answers | Asked in Business Law and Landlord - Tenant for Florida on
Q: I was wondering if you are in a lease and they switch company’s without you signing a new lease is it possible leave?

Trying to get out of the lease

Jane Kim
Jane Kim
answered on Aug 23, 2022

It depends if your lease can be "assigned." Look for this provision. If it is there, your lease continues under new ownership. If it is not there, contact a lawyer to see if you can "get out of it."

Good luck.

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3 Answers | Asked in Business Law for Florida on
Q: I hired a business broker to sell my business. His contract won’t let me fire him. Please help!

I hired a business broker in May to sell by business. For the last 3.5 months he has not done anything to sell my business. He hadn’t posted it on the BusinessMLS or BizBuySell. Nowhere. When I discussed my frustrations he gave me a song and dance and then told me that it’s just slow during the... Read more »

Jane Kim
Jane Kim
answered on Aug 22, 2022

It is impossible to provide advice without reviewing your agreement with the broker.

A broker should not earn a fee if he does not actually procure a buyer, that would be unjust enrichment and likely a violation of the rules regulating brokers (FL DBPR).

You should read the...
Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: My home builder is not fulfilling our home warranty that they signed. What can we do?

We signed a home warranty for a year and have been needing windows replaced since before we closed for 4-5 months now and have not gotten them replaced.

Jane Kim
Jane Kim
answered on Aug 22, 2022

That would be breach of warranty. You'll need a litigation lawyer for that one.

Good luck.

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