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3 Answers | Asked in Consumer Law, Contracts and Health Care Law for Florida on
Q: I was a patient at South bay medical and found out they closed but the treatment never worked 17 times $4500.00 what can

I do about this I'm paying for something that did not help and there was several others the same thing

James L. Arrasmith
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answered on Dec 14, 2023

If you received treatment at South Bay Medical that was ineffective, and you've incurred significant expenses, there are a few steps you can take. First, gather all relevant documentation related to your treatment, including any contracts, receipts, and records of your visits and the... View More

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1 Answer | Asked in Contracts for Florida on
Q: My ex boyfriend co-signed on a vehicle for me while we were together. Who has rights to the car?

My ex boyfriend became very abusive so I left him. He is very vindictive and has started threatening to take the car from me. I made the down payment and have made every payment on the loan this whole time of ownership on the vehicle. He stated he’ll take it and not make any payments basically... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 12, 2023

Schedule a consultation with an attorney in your area who handles general practice or civil litigation. A Court is very unlikely to make the lender accept you as sole owner/borrower. The most practical remedy might be sale of the car with payoff of the loan, and if your ex used or otherwise... View More

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Can we as an HOA legally stop an airbnb in Florida.

Our HOA discovered a home being used as an airbnb. Our CCR's don't specify against them but do against businesses restricting commerce, industry, business, trade or profession. Since Florida requires an airbnb to be licensed and our CCR's restrict businesses can we prohibit them?... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 12, 2023

First, I caution that if you are a board member, you have a fiduciary duty to ask this of your association attorney rather than strangers on the Internet who have not read your documents. If your HOA doesn't have one, it needs one. Board members cannot amend association documents because... View More

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Florida on
Q: Roofers put lien on both houses disputing payment what attorney/lawyer do I need

The original lien has charges totally different from papers delivered by sheriff. I've had dispute over charges for work not done but charged for with no response

Jane Kim
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answered on Dec 9, 2023

You are describing construction lien law.

The issue in this area is that the builder or contractor does not usually pay any legal fees upfront because often lawyers take these cases on contingency. I find young lawyers taking more cases that they shouldn't. This creates litigation...
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Q: I am purchasing land to establish a farm and I am told I need a lawyer, but I don't know what kind.

I need to have a purchase agreement with the seller to proceed with the FSA who is giving a farm loan to purchase the land 100%.

Charles M.  Baron
Charles M. Baron
answered on Nov 24, 2023

For the real estate transaction, hire a real estate lawyer. If you still need to set up your business entity for the farm, hire a lawyer handling business formation. You might be able to find a lawyer/law firm that does both. Another issue is whether your land is already zoned for everything you... View More

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: How to tell if someone is a qualifying agent or just a rented license?

Let’s say I sign a contract with contractor A but permits are pulled by contractor B. Bs company is also listed on the permit not the company you signed the contract with. Is contractor B an actual qualifying agent or a “rented” license.

If contractor B was an actual qualifying agent,... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 17, 2023

In general, all qualifying agents' licenses should be publicly available on the DBPR's website, although there is the possibility that the application is in process or has not yet been posted due to administrative lag. While there is zero factual context for this question,... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Florida on
Q: I invested in an apartment application, but unfortunately, my bad credit led to a denial. However, I managed to find ano

I invested in an apartment application, but unfortunately, my bad credit led to a denial. However, I managed to find another company that offered assistance in securing the apartment. Now, they have unexpectedly given me a tight deadline of 48 hours to come up with $5,000 or I lose the place. Is... View More

James L. Arrasmith
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answered on Nov 16, 2023

In Florida, the legality of demanding a quick payment like $5,000 in 48 hours for an apartment can be questionable, particularly if it wasn't clearly stated in the agreement you signed with the company. It's important to review any contract or agreement you have with them to understand... View More

1 Answer | Asked in Contracts and Animal / Dog Law for Florida on
Q: Is there a remedy for refusing to return an animal as stated in a contract?

I have a purebred horse used for equine sports. We listed the horse for sale through a broker. A couple agreed to purchase through a “lease to own”. They wanted a one month trial at lease cost then full purchase price if they kept her. The month ended but they haven’t purchased or returned... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 1, 2023

I'm assuming you had your lease/sale arrangement in writing and signed by the couple, that you have demanded return of your horse in writing, and the couple has either refused to return her or has completely disregarded your demand. In that scenario, this likely constitutes a THEFT, so you... View More

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: My spouse and I singed a contract in February to have an in ground fiberglass pool installed. As per the contract we

We paid 4000 to start and 36,000 for the pool shell. The next payment would have been for pavers and then a payment to finish the job. However, we found out that the new owner was not a lisenced contractor and had used the old owners name and lisece on the contract. This was reported to the... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 1, 2023

I am sorry to learn of this truly unfortunate situation. Needless to say, there are many moving parts resulting from this complex fact pattern, including the property damage to the home, the damage to the existing shell and voiding of the warranty, never mind the fact this entity appears to have... View More

1 Answer | Asked in Contracts and Consumer Law for Florida on
Q: I signed a contract for an rv but then some weeks later got a letter saying the loan was not approved At that moment of

I signed a contract for an rv but then some weeks later got a letter saying the loan was not approved At that moment of signing contract i also sold them my car that has a payment still needed. They did not give me any paperwork that i signed with them one being power of attorney

They are... View More

Angelo "Tony" Marino Jr.
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answered on Oct 25, 2023

The devil is in the details. A lawyer will need to look at the agreement you signed. This sounds like a yo-yo sale, which means they sold you the vehicle and now want to renegotiate the loan. This is an unfair and deceptive trade practice. Very, very seldom is a dealer willing to let a vehicle... View More

2 Answers | Asked in Tax Law, Consumer Law, Contracts and Real Estate Law for Florida on
Q: does the court notify parties if there is a motion to dismiss and give an opportunity for a hearing or does an answer to

a motion to dismiss need to be filed with the court first? thank you

Angelo "Tony" Marino Jr.
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answered on Oct 24, 2023

The party filing the motion to dismiss must send all parties the motion to dismiss and the notice of hearing. This is usually done on the court's e-portal. Make sure you have signed up with the court's e-portal. If you are not on the e-portal, the other party should send it by mail to you.

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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: Eviction in my rights with an oral agreement not being held up on homeowners end

Almost purchased to provide for my son and myself we were promised no rent until after my son graduated high school I was then shocked and surprised to find out they were selling the home because the potential new buyer had knocked on the door asking to come in and take pictures. I let them in they... View More

James L. Arrasmith
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answered on Oct 23, 2023

In Florida, oral agreements, although harder to prove than written ones, can be enforceable. If you had an oral agreement with the homeowner about living in the property rent-free until after your son's graduation, and the homeowner did not uphold this agreement, you might have a defense... View More

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Tax Law for Florida on
Q: do interrogatories have to be served by sheriff or can they be emailed to the defendant or served on myfloridacourtacces

can the myfloridaccess.com be used to serve interogatories?

Charles M.  Baron
Charles M. Baron
answered on Oct 20, 2023

After initial service of process (serving of summons and complaint), there are only two permissible methods of serving ANY DOCUMENTS, including interrogatories (unless you obtain a court order allowing some other method): (1) sending a hard copy by mail or hand-delivery, or (2) using the Fla.... View More

2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Pool builder is asking that we pay for permit to be extended. Purchase agreement states permits & NOC included.

The permit was originally issued 8-13-21 and expired 10-19-2023. The pool contractor contacted me 10-19-2023 asking for the renewal fees to be paid quickly because fees will double 10-24-23. They are blaming us because we had asked that the equipment installation scheduled 6-27-23 to be pushed... View More

Angelo "Tony" Marino Jr.
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answered on Oct 20, 2023

The question you have to ask yourself is do you want to stand on the contract and possibly have your pool delayed more or do you want to get it completed. It seems that more than 2 years to complete the work is a long time. I do not know what the normal time is in Ft Lauderdale to complete a... View More

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2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Pool builder is asking that we pay for permit to be extended. Purchase agreement states permits & NOC included.

The permit was originally issued 8-13-21 and expired 10-19-2023. The pool contractor contacted me 10-19-2023 asking for the renewal fees to be paid quickly because fees will double 10-24-23. They are blaming us because we had asked that the equipment installation scheduled 6-27-23 to be pushed... View More

John Michael Frick
John Michael Frick
answered on Oct 23, 2023

I would pay the permit extension fee while clearly communicating to the contractor in writing that the price of permitting is included in the contract price and that you will deduct the extension fee from the required retainage upon completion of the project.

Be sure to demand an “all...
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1 Answer | Asked in Landlord - Tenant and Contracts for Florida on
Q: I’m renting in FL without a lease. I’m moving out earlier than I said I would. Am I under contract or an at will tenant?

There is written communication of how long I would rent for.

T. Augustus Claus
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answered on Oct 12, 2023

In Florida, if you're renting without a formal lease, you're generally considered a "tenant at will." This usually means you or your landlord can terminate the arrangement with reasonable notice, which is often defined as the interval between rent payments. For example, if you... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can I take any legal action against my apartment complex if they did not send us a renewal or a nonrenewal letter?

My lease end with this current complex on October 15th. We have not received a letter for renewal nor a letter stating that they will not renew us. I first sent an email asking about renewal letters back in late June and they responded that they'd be sent out in July. Come July, nothing was... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 2, 2023

The following info is general educational information for this kind of situation. To obtain reliable legal advice, schedule a consultation with lawyer. Under Fla. law, when a tenant is on a year's lease, and the tenant decides to stay on with the landlord's consent but without a new... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can I take any legal action against my apartment complex if they did not send us a renewal or a nonrenewal letter?

My lease end with this current complex on October 15th. We have not received a letter for renewal nor a letter stating that they will not renew us. I first sent an email asking about renewal letters back in late June and they responded that they'd be sent out in July. Come July, nothing was... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 2, 2023

To clarify my last answer here, if a tenant intends to vacate at the end of the current lease term, the tenant can generally do that without notifying the landlord any particular number of days in advance, and without further obligation to the landlord, unless the lease has language to the contrary... View More

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1 Answer | Asked in Contracts for Florida on
Q: What should I do? I was self-employed and they don't want to pay me. I have photos and text message as evidence. Miami
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 2, 2023

Self-employed means that you weren't an employee; you would have had contracts with other people and companies. If they are in breach of contract, you find an attorney and sue them. What is it you would prove with the photos and texts; the terms of your contract or contracts?

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Probate for Florida on
Q: Father in law passed away and my wife and I are listed as Joint tenants with full right of survivorship.

My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Sep 28, 2023

If this property is joint tenants with rights of survivorship between your late father in law and you and your wife, then you and your wife are the 100% owners. All you would have needed to do is record his death certificate. If these are the facts, then the property is not part of the estate. You... View More

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