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Questions Answered by Jane Kim
2 Answers | Asked in Real Estate Law for Florida on
Q: I am being sued for fraud due to a house I rebuilt flooding.

The house flooded one time during the renovation but was corrected and never flooded for 2.5 years in which we owned the house after the renovation was completed. However, the yard continued to flood. The house was an extensive rebuild. I disclosed the yard flooded due to no storm water drainage... View More

Jane Kim
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answered on May 8, 2023

Florida law requires sellers to disclose any known facts that materially affect the value of the property that are not readily observable to the buyer. This includes any prior flooding or water damage, even if it has been repaired. The disclosure must be made in writing, and the seller must... View More

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1 Answer | Asked in Banking and International Law for Florida on
Q: I need legal advice regarding sanctions restrictions that may apply to bank accounts of a citizen of Russian Federation

Hello,

I am writing to kindly request a legal advice regarding sanctions restrictions that may apply to bank accounts of a citizen of Russian Federation.

The case is as follows:

A citizen of Russian Federation has bank accounts in banks in Europe and in the USA.

1.... View More

Jane Kim
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answered on Apr 4, 2023

This is not the forum where you can type up specific legal questions, and receive free legal advice. As a lawyer, I may provide some direction, however. For instance, why are you asking these questions? Have your accounts been closed? Have the US banks cite to any laws pursuant to which they closed... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: I own a condo in Florida. The Condominium association is requiring all water heaters over ten years old to be replaced.

My water heater sits in a pan with a well maintained drain, so the risk of flooding in the event of a leak is mitigated. Can the board legally require replacement, under the threat of legal action to enforce? Our bylaws make no mention of an authorization to require replacement of water heaters... View More

Jane Kim
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answered on Mar 20, 2023

I would answer this question in practical terms. How do they enforce it? They'd enforce it only if there is an actual leak that causes damage that would ordinarily be absorbed by HOA's insurance. In your situation that damage to common elements becomes your responsibility instead of the... View More

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1 Answer | Asked in Civil Litigation for Florida on
Q: My vehicle is taken to the auto body shop I never authorized any service it was there for an estimate only I signed noth

Now I was told it's a civil matter but he has my vehicle and he did not have permission to do any of the work on it

Jane Kim
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answered on Mar 18, 2023

F.S. 559.921: If, in any proceeding brought pursuant to this part, it is determined that the repairs and costs thereof were in fact authorized, orally or in writing, the repairs were completed in a proper manner, and the consumer benefited therefrom, then the enforcing authority may consider such... View More

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: What remedies available to seller if title company did not pay & 30 days has lapsed & no proof of payment or tracking no

Seller sold property and title company handle closing. On Feb 7th 2023 title company assured seller that a Cashiers Check was Prepared and sent to him via regular mail.

30 days has elapsed and seller did not receive his check nor can the title company provide copy of Cashiers Check or a... View More

Jane Kim
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answered on Mar 8, 2023

There are legal remedies available, of course.

The title company must follow the acceptable accounting principles, applicable Florida Statutes and the Florida Administrative Code to maintain accurate records of their financial transactions, including records of all escrow transactions, and...
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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: LLC or S Corp for Animal Training and Education business.

My start up company involves animal training and education. I registered as an LLC initially, but recently other business owners have been recommending that I switch to an S Corp. I was told that I would be better protected. Could you please define the differences between the two, pros and cons,... View More

Jane Kim
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answered on Mar 3, 2023

For your purposes, LLC is easier and provides the same advantages, if not more, than an S Corp.

Here is what an AI robot says (I do not agree with No.1 under "disadvantages." )

Advantages and disadvantages of LLC over an S Corp.

Limited Liability Companies (LLCs)...
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1 Answer | Asked in Business Law, Construction Law and Contracts for Florida on
Q: Can I add a stipulation to a check that finalizes and terminates a contract?

I want to make sure that I my relationship with a contractor is terminated when they cash my check

Jane Kim
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answered on Jan 31, 2023

Yes, the Florida statute that governs Full and Final Accord and Satisfaction is Florida Statute 673.3111. You have to tender the check with proper notice for it to be effective. Also, it depends what your contract with the contractor says. You can't just write a check for a dollar and call it... View More

3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: I purchased house from county auction. It was foreclosed house. Three months later second mortgage showed up.

Second mortgage is after estate of deceased owner against his heirs (former owners of house). I talked to attorney of case, he told me he can’t discuss details with me since I am not in case. He told me they going after former owners of the house including bank who took money I paid for house.... View More

Jane Kim
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answered on Jan 25, 2023

When someone purchases a home, there are two legal remedies available to the banks for non-payment. One is foreclosure and taking possession of the home. Two, is a breach of note remedy or collection on the deficiency judgment.

Here, it sounds like you purchased and took possession of the...
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1 Answer | Asked in Business Law for Florida on
Q: Can I get a company in trouble for airdropping me their clients homeowners insurance information?

A company sent me someone’s homeowners insurance paperwork through airdrop. I work in the building next to them. It has the homeowner’s name’s and addresses on the first page. It’s four pages worth of information

Jane Kim
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answered on Dec 21, 2022

A normal procedure for someone who was an unintended recipient of information is to contact the sender so they can resend it to the correct person, and to destroy the information received. Best regards.

1 Answer | Asked in Real Estate Law for Florida on
Q: If I buy my sister out, both on deed and mortgage, do I pay her back all of the mortgage she paid plus all utilities?

She is fighting because I won't give her half the insurance repair money from a fire. Ins policy states that money only goes for repairs concerning the damage done by fire.

Jane Kim
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answered on Dec 15, 2022

Buying someone out means you pay that person a fair market value (FMV) of the property today minus your half of the ownership. So that if today's FMV is $500K and you own half of it, you end up paying your sister $250K. Your sister would have to use the proceeds of $250K to pay off her share... View More

2 Answers | Asked in Collections, Real Estate Law and Bankruptcy for Florida on
Q: I got sent to court for non payment of timeshare then negotiated for payment plan but was unable to pay that either

Now they are taking me back to court is there any way to protect my assets so they don’t put a lien on my primary residence

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answered on Dec 12, 2022

Hiding assets to avoid creditors is illegal. However, if your primary residence in Florida has a homestead exemption then Article X, Section 4 of the Florida Constitution exempts homestead property from levy and execution by judgment creditors. This means a creditor cannot force the sale of your... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: Thanks for the answer- I live in Florida and the real estate home is there The heirs do not want the home

What is a quit claim deed?

Jane Kim
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answered on Dec 8, 2022

A quitclaim deed is a legal instrument which transfers title to real property. It is typically utilized in transactions between family members or if you'd like to transfer your property into a trust. These types of transactions do not have financing. If your property is currently financed,... View More

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1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: If a realtor says a home does not need flood insurance, but actually does after signing a contract, can we get out of it

Place is in Florida, both realtor and seller said flood insurance is not required, bank said it is in a flood zone, now way more money is needed for evaluation of property, realtor says we cannot get out of contract, what can be done

Jane Kim
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answered on Dec 3, 2022

Florida does not have flood disclosure laws. Therefore, it depends what your real estate contract says and what the Seller’s Property Disclosure Form says. It covers a variety of property conditions and risks, including: structures, appliances, termites, water intrusion, flooding drainage,... View More

2 Answers | Asked in Civil Litigation, Collections and Real Estate Law for Florida on
Q: Can a creditor of mine put a lien on a house that my wife and I own together? It’s our primary residence.

I am thinking about filling bankruptcy, but I have previously filed (July of 2015). So if I do decide that I need to I have seven months to wait.

Jane Kim
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answered on Dec 3, 2022

It depends if the home has a homestead exemption, and what type of creditor. Only a debt related to the home (i.e., mortgage or a contractor fixing your roof) may be placed as a lien against a homestead property. During a bankruptcy any junior lien to the first mortgage will be wiped out unless... View More

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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
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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,... View More

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... View More

Jane Kim
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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
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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... View 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
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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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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.

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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... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: I recorded a quit claim deed in polk county fl but the grantor name was incorrect. What can I record to correct this?

Can I record a same name affidavit showing that it's the same person?

Jane Kim
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answered on Mar 25, 2024

If it was merely a spelling mistake, then depending on the state, you should file a corrective deed, it may be called slightly different in your state. You cannot entirely change the grantor, you'd have to do a separate conveyance.

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