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Questions Answered by Michael Mayoral
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
PREMIUM
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
PREMIUM
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.

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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
PREMIUM
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 »

4 Answers | Asked in Civil Litigation for Florida on
Q: Is it possible to sue someone in small claims for severe emotional distress?

I did a bit of research on mine into emotional distress cases. What is definitely negligence or intentional infliction of emotional distress. Or I read the tort for emotional distress. And could answer all 4 requirements. I have medical records for during the time as well as having to pay someone... Read more »

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Mar 7, 2022

Generally speaking, under Florida's "impact rule," you must demonstrate that any emotional damages you suffered caused physical harm or were the result of physical injuries.

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1 Answer | Asked in Contracts for Florida on
Q: I am trying to make sense out of a couple sentences in my non-compete can someone advise? I'm in Florida

In the first paragraph my non compete it specifies: "engage in any business which sells or markets skin care, cosmetic or such other products which have been sold or marketed by the Business for a period commencing on the date hereof and continuing for a term of five (5) years" - Second... Read more »

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Mar 1, 2022

It is tough to say without reading the entire agreement, but "competitive products " could be interpreted to mean "skin care, cosmetic or such other products which have been sold or marketed by the Business."

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Real estate insurance claim recorded statement

I’m in a process of real estate insurance claim and adjuster wants to have a recorded statement from me. Do I really obligated to give him a statement or I can refuse a statement?! Also, most likely I’ll hire a lawyer, if the amount offered is low. A loss mitigation company was dispatched to... Read more »

Michael  Mayoral
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Michael Mayoral
answered on Feb 25, 2022

It depends what your insurance policy says about the requirement to give a recorded statement.

3 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: My wife are 76 and 73 years, worked all our life. Being sued by 38 yr old son for damages.US Den Dist Ct # 1:2022cv00321

Son is disabled and misguided throughout his life. What are the options?

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Feb 17, 2022

You should absolutely retain counsel to answer the complaint and make sure that a default judgment isn't entered against you. Generally, one must file an answer 21 days after being served with a complaint in federal court. The attorney may be able to have the complaint dismissed.

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1 Answer | Asked in Constitutional Law for Florida on
Q: 20mm disorderly conduct 877.03 prevent concealed weapons permit

It orginally was assault

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Feb 16, 2022

A conviction for the misdemeanor of disorderly conduct should not prevent the issuance of a concealed weapons permit.

1 Answer | Asked in Real Estate Law for Florida on
Q: We are currently building a home with a reputable builder; however, the home is still not built, it has been over 1yr

We purchase in Jan 2021 and were planning on this being our primary residence and sold our other home in Nov 2021. We moved in with our daughter and family to wait out the build, which has been a moving target. First it was Aug 21, Oct 21, Dec 21, now Mar 22. We really would like to stay living... Read more »

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Feb 16, 2022

Consult a real estate attorney with all of the specifics of your matter, but it doesn't appear to be fraud if you *intended* for it to be your primary residence when you got the mortgage.

1 Answer | Asked in Criminal Law for Florida on
Q: The state is prosecuting on possession of weapon and aggravated assault with deadly weapon. The victims has recanted and

There wasn’t a gun to recover but a person claim the seen the defendant with a gun and is the only one that is constantly saying so. The state says they don’t believe the victims recant so they proceeded with the case. Why is this possible?

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Feb 16, 2022

There appear to be two witnesses here. One witnessed the assault (the victim). The other witnessed the defendant in possession of a firearm (the other witness). There is nothing to stop the state from attempting to prove the charge. There isn't a motion to dismiss or something like that that... Read more »

3 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: What paperwork do I need to file for a breach of contract due to theft of over $26,000

What part of the court does the paperwork get filed through, and do I need an attorney

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Feb 16, 2022

I highly recommend hiring an attorney for a breach of contract claim. There may also be grounds for a claim of civil theft, which may provide for triple damages.

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