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Questions Answered by Michael Mayoral
2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I've been buying a house from an individual or contract is listed at the courthouse she's refusing payments

She returns by payment for the last 2 months she will not communicate with me she's telling me to get out of the house she wants to move back in it I've spent three years fixing up this house it didn't have Plumbing floors anything when I bought it now that I put thousands in it she... Read more »

Michael  Mayoral
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Michael Mayoral
answered on Nov 15, 2022

You absolutely need an attorney to handle this for you. The contract and real estate law issues you are dealing with are fairly complicated. There is unfortunately no way to give you a direct answer or guide you through the process through here due to the issues involved. You should at least set up... Read more »

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1 Answer | Asked in Business Law and Contracts for Florida on
Q: Can a contractee void a contract (and not pay) after work is performed because I refuse to comply with "due dilligence"?

I recently performed service work for a company. The contract can be voided at any time by any party. There was no requirement to provide previous proof of work. They performed KYC and I passed without any issue.

I completed my contractually required work. Just as I was finishing, the... Read more »

Michael  Mayoral
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Michael Mayoral
answered on Nov 9, 2022

It sounds like you may very well have a valid cause of action for breach of contract, unjust enrichment and/or quantum meruit. You are most likely owed the value of the work you performed. You should set up a consultation with an attorney who handles breach of contract disputes, present the... Read more »

1 Answer | Asked in Contracts and Business Law for Florida on
Q: How can I write up a teaching contract for my business?

I have a dance company and I teach private classes at people's houses. I want to create a contract where I can stipulate time, payment and regulations

Michael  Mayoral
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Michael Mayoral
answered on Oct 26, 2022

It is generally not advisable for you to draft your own contract if you want it to be legally enforceable. You can run into problems if the parties obligations are not adequately established by the language of the contracts. If you intend to run the business for a significant amount of time, it... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: Is a "no refunds" clause in a contract absolute?

I signed a contract with a photographer for his services at my daughter's wedding and reception. The wedding and reception were cancelled. The contract has a no refunds clause and the photographer refuses to refund ANY of the amount I prepaid. He did do some work taking engagement pictures and... Read more »

Michael  Mayoral
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Michael Mayoral
answered on Oct 26, 2022

Nothing in a contract or the performance thereof is absolute. However, most clauses like that are generally enforceable. Contract law can come down to the *exact* wording of the contract and its clauses. A misplaced comma can change the obligations of the parties, for example. That being said, what... Read more »

1 Answer | Asked in Contracts and Business Law for Florida on
Q: As a designer, can I write in contract that client is responsible for my lawyer fees if they try to take me to court?

As a freelance graphic designer is it okay for me to write in my contract that the client will be responsible for any fees or lawyers that come from them suing me?

Michael  Mayoral
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Michael Mayoral
answered on Oct 26, 2022

Yes, you absolutely can. However, be aware that under Fla. Stat. 57.105(7):

"(7) If a contract contains a provision allowing attorney’s fees to a party when he or she is required to take any action to enforce the contract, the court may also allow reasonable attorney’s fees to...
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1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: I am seeking information regarding home contractor I hired. He has taken money for remodeling job he didn't do.

I am 71 yes old and I need help getting contractor to finish the job or reimburse money. He.just keeps promising and never delivers. He has been at this since last March. Any assistance would be gratefully appreciated. Thank you. Carol S

Michael  Mayoral
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Michael Mayoral
answered on Oct 20, 2022

Hello Carol,

You should find all of the relevant documents and arrange for a consultation with an attorney who handles breach of contract cases, business litigation, and/or commercial litigation. Many law firms provide free consultations. You will need to present that contract to the...
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1 Answer | Asked in Construction Law and Contracts for Florida on
Q: We have a contract to have a house built. What recourse do we have if the contract is not fulfilled?

Signed a contract May 7/2020. To date nothing has been done and the builder is not answering questions.

Real estate attorney

Michael  Mayoral
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Michael Mayoral
answered on Oct 19, 2022

Hello. It is really going to depend on the exact wording of the contract, specifically as to dates and time for completion. You should set up a free consultation with a contract attorney, have them go over the wording of the contract, and tell you what your options are. My firm provides such... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Find out if a very restrictive addendum that is referenced in the lease is binding, since the landlord didn't sign it

I am in City of Miami (Miami-Dade), FL, renting one unit in a duplex home & have had issues with my landlord and he's not willing to let me out of the lease without paying an early termination fee or liquidated damages, I'm willing to provide 60 days notice and he's likely to get... Read more »

Michael  Mayoral
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Michael Mayoral
answered on Oct 18, 2022

Hello! It is difficult to give a good answer to your question without reviewing the lease and addendum. You should consult with a landlord tenant attorney in Miami. The attorney will need to review the exact wording of the lease and addendum agreements in order to give you advise as to your options.

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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 »

Michael  Mayoral
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Michael Mayoral
answered on Aug 22, 2022

I agree with Ms. Kim. Giving you an answer to your question requires an attorney to read all of the terms of the contract/agreement. Consult with an attorney who handles commercial law and/or business litigation and provide them with the contract beforehand.

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2 Answers | Asked in Business Law, Contracts, Landlord - Tenant and Real Estate Law for Florida on
Q: Can we sue a seller for our home if he breaks a rent to own contract?

My husband and I entered into a rent to own contract 3 years ago. We have followed the contract faithfully, including paying all property taxes for the last 3 years on the home and sending a certified letter of intent to buy before the due date on the contract. The property is owned by a company... Read more »

Michael  Mayoral
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Michael Mayoral
answered on Aug 16, 2022

You need to contact an attorney who handles contracts, business litigation, or real estate disputes and present them with all of the agreements and/or contracts concerning the property/sale, as well as the information for the property so that the attorney can research the property's chain of... Read more »

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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: How can I remove a foreign partner from my LLC ? he doesn't want to be in it anymore. Do I need to buy his shares?

How do I document the entire process and modify the corporation articles?

Michael  Mayoral
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Michael Mayoral
answered on Aug 12, 2022

It depends on a couple of things. First, what does the operating agreement say about the withdrawal of members. If there is no operating agreement, then the withdrawal has to comply with Florida's LLC act. This isn't an expensive thing for a business lawyer to do, but you should really... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: The witness can ask the Florida court or state attorney for a criminal case to cover face and identity to testify?

Iam Witness and cooperate for drug charges against somebody, i can ask the state florida to cover my face and identify to testify?

Michael  Mayoral
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Michael Mayoral
answered on Apr 6, 2022

Generally, no. The accused has the right to confront the witnesses against them. That includes the jury being able to observe the demeanor of the witness (including facial expressions).

1 Answer | Asked in Criminal Law, Immigration Law, Real Estate Law and Constitutional Law for Florida on
Q: Is it right to arrest a person on a boat with foreigners and bring them into the country and charge him for smuggling?

And charge him for illegal entry when he was brought into the country? What happens to his boat while he is being charged? How can he acquire the boat back?

Michael  Mayoral
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Michael Mayoral
answered on Mar 16, 2022

Potentially yes. Hire a criminal defense attorney who handles federal charges/crimes.

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: can i leave a bad review for a contractor that walked off the job w/o deformation/slander charges?

contractor walked off the job, demanded more money after being paid in full before finishing the job, shabby work, refused to finish work before being paid more money that the signed contract stated, didn't finish the work from original contract

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Mar 16, 2022

Generally speaking, "truth" is a defense to any defamation claim. It isn't defamation to make a true statement about someone.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I am currently renting a house in florida. My landlord wants to bring in people to look at the house. Can i refuse?

I don’t feel comfortable with random people coming into my home where i’m renting to look around.

I have multiple kids and work full time and do not have the time to be setting my home up for a viewing.

Can i refuse having him bring people in?

Also one of my children... Read more »

Michael  Mayoral
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Michael Mayoral
answered on Mar 16, 2022

Review your lease to see what it says about the landlord having access to the unit for that purpose and how much notice they need to give you.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a Landlord force a tenant to file a restraining order on someone.

ik

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Mar 14, 2022

Generally, no. I have never seen a lease agreement that gives the landlord the ability to require their tenant to file a restraining order should the landlord desire them to. On the other hand, if you are on a month-to-month tenancy (no lease), the landlord can simply file a 15-day notice to... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: What does it mean when a judge denies new evidence the state said they had to violate some one?
Michael  Mayoral
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Michael Mayoral
answered on Mar 14, 2022

That is a pretty vague description of the event. It depends on what you mean by "denies new evidence." If the judge finds that a probationer did not violate probation despite the state's allegation/evidence, the person will either go back on probation most of the time. I recommend... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Can my probation officer violate me for being homeless

I was evicted a few weeks back and have no way to pay for a place to live so I am currently couch surfing

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Mar 14, 2022

Generally speaking, you can only violate your probation for violating one of the terms or conditions of the order of probation in your case. You have to make sure to check in with your probation and make sure that they know about your current living situation. If you are homeless, your probation... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: Is felony code 750.84 a first degree felony?
Michael  Mayoral
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Michael Mayoral
answered on Mar 14, 2022

There is no such felony or statute in Florida. It is a felony in Michigan though:

"750.84 Assault with intent to do great bodily harm less than murder; assault by strangulation or suffocation; "strangulation or suffocation" defined; other violation out of same conduct....
Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: New landlord bought property as is. They evicted us. Can they hold our security deposit since it was bought as is?

Old landlord sold property as is. I have screenshots of the sale ad stating so.

The new landlord gave us all 30 days to leave but they're being shady about our security deposit.

The property is really old and always needed a total rehab.

I read alot of reviews on the... Read more »

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Mar 7, 2022

In Florida, landlords must tell you if they want to keep some or all of your security deposit. If they plan on keeping some or all of it, they have to send you a notice by certified mail within 30 days of you moving out of your rental home at the end of your lease (or they give up the right to... Read more »

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