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Florida Contracts Questions & Answers
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
Jane Kim PRO label
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,... Read more »

1 Answer | Asked in Personal Injury and Contracts for Florida on
Q: Could we sue Lowes for leaving live copper wire exposed above the stove in our kitchen after removing the kitchen hood?
Charles M.  Baron
Charles M. Baron
answered on Nov 22, 2022

You mean leaving it exposed, but with no one being injured by electric shock? If so, this isn't a personal injury question, but rather a breach of contract question. If someone WAS injured, clarify and re-post your inquiry. If this is simply a breach of contract due to incorrect... Read more »

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
PREMIUM
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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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 »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 15, 2022

PLEASE DO NOT do this yourself. Hire an attorney.

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can I break my son's college lease due to recent psychiatric issues he is undergoing which requires a medical withdrawal

The apartment complex does not allow one to break the lease.

Charles M.  Baron
Charles M. Baron
answered on Nov 9, 2022

Sorry to hear about your son's ordeal. I assume your son is on the lease, not you, unless you also signed as a guarantor. Whomever signed the lease, it cannot be unilaterally terminated unless the terms of the lease permit it due to situation you are talking about, and I'd be surprised... Read more »

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
PREMIUM
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 Construction Law and Contracts for Florida on
Q: I need to help in canceling Pool Contract after 72hrs expire

I hired a pool contractor in Miami to build a pool and gave 20% down ($10K). In the permitting process, it was discovered that previous owners had enclosed the garage without a permit. The pool permit was rejected. The city of Miami's process to get this fixed takes over two years. I informed... Read more »

Linda Liang
Linda Liang
answered on Nov 9, 2022

This clause does not apply here. This clause reads IF OWNER FAILS OR REFUSES TO PERMIT DELIVERY OF MATERIALS .... INTERRUPTS OR INTERFERES WITH CONTRACTOR ......CONTRACTOR WILL BE DUE A SUM EQUAL TO 25% OF TOTAL CONTRACT PRICE". You did not fail to do anything or refuse to do anything. You are... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Is there a specific law that can be referenced when a document is invalid?

A lease agreement that has been illegally altered, and was never properly filled out. Also, tenants name is misspelled on every part of the document where it appears. Landlord write in his name as tenant in one place on an addendum. What law requires documents to be properly filled out to be... Read more »

Charles M.  Baron
Charles M. Baron
answered on Nov 9, 2022

It's a matter of basic contract doctrines under common law (binding appellate court decisions), plus requirements imposed under Florida Statutes Chapter 83. A lease that is "not being properly filled out" may or may not be enforceable. Errors in filling in blanks might be... Read more »

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Florida on
Q: What should I do if a contractor never completes the agreed upon work?

I hired a company to replace the windows and sliding glass doors in my home with high-impact hurricane glass. My home is in Bradenton, FL.

Agreement was signed in April 2021. The work was started, but is still not fully completed. I have already paid half the agreed upon costs. I... Read more »

Linda Liang
Linda Liang
answered on Nov 9, 2022

This happens quite often, unfortunately. You can give them a notice for them to act immediately warning them you will hire another company if they do not. If they still do not work to complete the project, you can hire another company and keep all the records. You also have right to ask them to pay... Read more »

1 Answer | Asked in Lemon Law and Contracts for Florida on
Q: My son bought his first car from dealership in FL he owes a few thousand left found multiple issues what can be done?
Charles M.  Baron
Charles M. Baron
answered on Nov 7, 2022

Your son needs to schedule a consultation with an attorney for review of the purchase contract and the history of the situation. What his consumer rights are depends on a number of factors, especially the terms of the purchase contract and warranty, if any. Regarding the $$ he still owes, if that... Read 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... Read more »

Jane Kim
Jane Kim PRO label
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).

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Hi, Can I get my deposit back and any damages or money spent for a retail space I did not move into?

I signed a contract and paid deposit for a unit retail space at a plaza. The previous landlord sold the plaza. The new landlords obtain a property management company. The property management company hardly responds to my calls or text. I never moved into the property and now they are saying I am... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 30, 2022

The general rule is that if a property is sold, the the new owner would have to take the property subject to any leases that exist at the time title transfers. However, there may be exceptions. You should have counsel review the leasehold agreement for advice.

1 Answer | Asked in Business Formation, Business Law and Contracts for Florida on
Q: Is a verbal agreement to partnership in a business enforceable in regards to opening a business?

A business agreement was drawn up with an LLC but not signed.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 28, 2022

Florida law recognizes oral agreements in some situations- its the duration of the agreement more so than the nature of the agreement. However, in order for an oral agreement to bind, a court would have to determine that both parties acknowledge that there was an agreement made (meeting of the... Read more »

1 Answer | Asked in Contracts for Florida on
Q: I am a student at Florida State University and i am completing an assignment on Monson V Oregon the breach of contract

May you please inform me which judge decided this case and if it was split decision or unanimous?

Charles M.  Baron
Charles M. Baron
answered on Oct 27, 2022

I am shocked that your law school instructors have not advised how to easily find published opinions (with all the info you seek) online, such as on CaseText.com, Justia.com, and other sites. And don't they give you free access to Westlaw and/or Lexis/Nexis?

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
PREMIUM
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
PREMIUM
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
PREMIUM
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...
Read more »

1 Answer | Asked in Divorce, Contracts and Family Law for Florida on
Q: Statute of limitations on a car that was never repossessed. Ex husband was ordered in divorce to payoff and sign to me

Recently found out he stopped paying on it several years ago and that repo was looking for it then. My question is what shall I do about this situation. I did contact finance company when I found out and the person was not very informative but casually said someone will come get it next week. That... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 24, 2022

You have raised two separate legal issues. Regarding the divorce agreement, you can return to family court and pursue your ex for the value of the car that was never paid off. Regarding the repo, that is an issue between the finance company and whoever's name is on the finance documents. If... Read more »

1 Answer | Asked in Contracts and Business Law for Florida on
Q: We purchased a jeep from a dealer , we paid the amount the dealer told us to pay , however the amount the salesman told

Us was different from what was on the contract, he wrote the amount on a sticky note . Now the dealer wants us to pay the remaining amount as the salesman gave us the wrong amount . Are we obligated to pay it .

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 23, 2022

You signed the contract; did you read it before signing?

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
PREMIUM
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...
Read more »

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