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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Florida on
Q: The home we sold a few months ago in GA now has water problems in the foundation. The buyers had a home inspection,

the inspection did not reveal this problem. Now the new owners are coming back to us, asking if "we ever had water issues in the foundation". Do we have any liability?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 3, 2021

Why are you asking this in Real Estate Law for Florida? You should be asking in Justia > Ask a Lawyer > Georgia > Real Estate Law. The laws in each state can be different. But if you knew about the problems, you may well be liable.

1 Answer | Asked in Libel & Slander, Personal Injury, Criminal Law and Real Estate Law for Florida on
Q: Being stalked, harassed, and emotionally abused in the state of LA with evidence, what is the timeframe for reparation?

A police report was filed, I still have evidence of electronic communication as well, and can most likely provide witnesses. The perpetrator was a real estate agent at the time and may have also used her resources in unethical ways to damage my reputation, stalk, and harass me for an extended... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 30, 2021

Most Florida attorneys know very little about Louisiana law. You should ask your question in Justia > Ask a Lawyer > Louisiana.

1 Answer | Asked in Real Estate Law for Florida on
Q: A lease requires 60 day notice or it auto-renews to a MTM. Once it is monthly does the notice required become 15 days?

60 day notice was not met on a year long lease that will auto-renew and become monthly. Once the lease becomes monthly does required notice become 15 days as a normal monthly lease would or remain 60 days?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 30, 2021

Probably 15 days, unless something specific in the original ease provides otherwise.

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Florida on
Q: Does the state of Florida require the property owners consent to only send billing/invoices by email?
Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 30, 2021

If you referring to a HOA or condominium (COA) sending you an invoice for assessments, the answer is no, you may consent in writing to notices and invoices being sent by email, but you do not have to consent. New laws went into effect July 1, 2021 which now require associations to send a 30-day... Read more »

3 Answers | Asked in Real Estate Law, Probate and Estate Planning for Florida on
Q: I live in the state of New Jersey my mother lives in the state of Florida all her assets are in the state of Florida.

There is a registered trust with Broward county what do I need to do in the event of her death I do not have access to anything. I am named as executor of her estate.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 29, 2021

It depends upon what assets the trust has, and which assets the estate has. If you are named as personal representative in her will, and if her estate has assets, you need to see a Florida attorney about having the will admitted to probate. If someone else is trustee of the trust, your attorney... Read more »

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1 Answer | Asked in Social Security, Real Estate Law and Collections for Florida on
Q: in Florida, how to put a restitution lien on a property to compensate for stolen social security checks from my mailbox

my brother was caught stealing my mail from my mailbox. My father (now deceased) was living with me at the time. Brother was cashing the checks with forged signatures. Brother is trying to sell a property. Can I put a lien on his property to collect the money he stole?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 28, 2021

No. There's no such thing as a restitution lien in Florida. If the checks were your father's, the representative of his estate would have to sue your brother in civil court and obtain a judgment, then record the judgment as a lien.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Is it possible to revoke a lady bird deed in Florida to replace it with a quitclaim deed ?

My grandfather wants to remove my aunt off of his lady bird deed and add my mother on a quitclaim deed instead. What will he need to have done to have the lady bird deed revoked?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 28, 2021

You would need and want to have the current/original deed that created this interest reviewed, if it was properly drafted/created/worded, then generally, in order to be able to revoke the existing lady bird deed, all that the current owner would need to to do is validly execute a new deed. This is... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: If you are co-owner with a person on a house deed can they be removed if they don't pay their part in property taxes?
Rand Scott Lieber
Rand Scott Lieber answered on Jul 26, 2021

They can only be removed if they agree (voluntarily by signing a deed) or by court order if you file a lawsuit to remove them.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Who gets a house upon the demise in this situation?

My grandfather wants to remove my aunt from his deed. He has listed my mother as his beneficiary in his trust and the house is listed in the trust. My question is, since my aunt is listed on the deed , who will get the house? Does the trust take precedence over the deed? My aunt is not complying... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jul 26, 2021

You need to speak with a Florida Estate Planning and Probate Attorney and get a copy of the current deed and have it reviewed. Based on the type of deed and how the property is held will determine what can or needs to be done. Generally speaking, a valid deed will be enforced above a Will and Trust... Read more »

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1 Answer | Asked in Real Estate Law, Child Custody and Child Support for Florida on
Q: What are my rights if my fiance is cheating on me and we have a 2yr old and own a home together in Orlando FL

I would prefer to keep the house and just refinance without him on there, but I am not sure I can afford it, although I was head of household for 2020.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 26, 2021

If you are not married, you can't seek a divorce (or dissolution). Thus the laws for disposition of marital property do not apply. Instead, you would have to sue him for "partition" of the property. The property would be sold and each of you would get part of the proceeds.... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Will I get my earnest money back if the seller couldn't make closing due to a roof install?

We went under contract on a home in FL on 5/17 that was undergoing a roof install. At time of contract, the roof was off the home. A closing date of 6/24 was set, and we as buyers fulfilled all contractual agreements and were ready to close. On 6/24, the sellers requested an extension until 7/16... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 25, 2021

You should; that's what an earnest money agreement means. But, of course you should have an attorney review the contract.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I sue for abandoment to a part ownership of a property

I am 3quarters ownership of a property.  One of the other owners has not helped or offered to pay the up keep, taxes or the insurance.   It has been 9 years now.   Can we sue him for abandoment? Or what can I do

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 25, 2021

You sue for partition. Usually the remedy is to sell the property and divide up the proceeds, giving you credit for the upkeep, taxes, and insurance you paid. If you want, you could buy the property at the sale.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Can a manufactured house dealer force receipt of a house without them first getting a permit or us having the space?

Last month it's discovered that the easements require a 100' setback, not the 50' that shows up on the survey we were given by the seller which makes it impossible to build anything without a variance.  Got the meeting for that, all is well, hearing set for mid Sep. Friday my... Read more »

Jane Kim
Jane Kim answered on Jul 24, 2021

Your written agreement with the house dealer should have all the answers.

3 Answers | Asked in Real Estate Law for Florida on
Q: I just got an offer to buy my house for Opendoor.I am skeptical. What should I beware of?

We had a virtual walkthrough on Tuesday, and they sent an inspector to view the outside of the house yesterday, sending their offer last night via email. I'm skeptical, as I feel the offer was a good one. I have signed nothing, and accepted nothing so far. What are my caveats?

Jane Kim
Jane Kim answered on Jul 23, 2021

The process and the offer may be absolutely legitimate, however, it is obvious you are unsure and need a lawyer to confirm. It is impossible for a lawyer to advise you without reviewing the proposed transaction. It will cost you a few hundred dollars to know.

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1 Answer | Asked in Real Estate Law for Florida on
Q: can HOA BOD say only board members can collect proxies for upcoming capital expense vote or can neighbors collect also
Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 23, 2021

Anyone can collect proxies. In fact the proxies also need to give a space for the member to appoint someone other than the association in case they want to exercise that option.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: If there are multiple owners of a property, can one or two people do a quick claim deed for their portion

THERE ARE 45 OWNERS OF A PIECE OF PROPERTY, SOME WOULD LIKE TO SIGN IT OVER TO THE CITY WHERE WE LIVE. SOME DO NOT. CAN SOME PEOPLE DO A QUICK CLAIM AND BE FREE OF ANY OWNERSHIP/LIABILITY? OR MUST EVERYONE DO A QUICK CLAIM?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 23, 2021

Perhaps. How was this divided ownership come into existence? And what sort of potential liability are you concerned about? Strictly speaking, the grantee (the city) would have to accept the gift to make it complete.

It's "quitclaim", by the way; it means to surrender or...
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1 Answer | Asked in Real Estate Law for Florida on
Q: A roofer tarped my roof & covered my neighbors garage. My neighbor is demanding I pay to remove it. Am I responsible?

I had my roof tarped. The roofers tarped my neighbor's side of the garage & were gone before we realized what was done. I live in a townhome. My neighbor & I assumed my roof claim w Citizens would be resolved quickly, however, I am now involved in a lawsuit. I've contacted the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 21, 2021

It is unclear what you mean about your "roof claim w Citizens", and by "I am now involved in a lawsuit". Has your neighbor sued you or not? It doesn't appear you would be liable, although the contractor probably would be.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can HOAs in Florida change their rules relative to no longer allowing (or limiting time on property) boats already here?

We bought our property knowing boats were allowed without limitations. We now own a boat and the HOA wants to change the rules. Shouldn't "grandfathering" be allowed so that the rule change doesn't damage owners who already have a boat on property?

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 21, 2021

Grandfathering does not apply to movable objects. HOA documents generally allow the board of directors to adopt "Rules and Regulations" with a board member vote. Generally, the Declaration of Covenants, Conditions and Restrictions require a membership vote, but not always. Whether or... Read more »

2 Answers | Asked in Real Estate Law, Construction Law and Landlord - Tenant for Florida on
Q: I'm a tenant at an apt bldg. They were given a 45 day notice to do an inspection. Am i obligated to pay rent ?

the company has 45 days to higher a structural designer to certify the bldg is in habitable condition, or, pull permits and do the repairs in that timespan. Am i obligated to pay rent under these conditions, knowing the bldg is poss going to be evacuated for repairs or possibly shut down?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 20, 2021

Of course you are required to pay rent.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can I include a partial amount owed, to the grantor, in a quit claim deed?

I'm getting my brothers to sign over their interest ,to me, in a house we inherited in Tarpon Springs. I would like to use a quitclaim deed. Do their spouses need to sign? I paid them each part of what I owe. The rest to be paid at a later date. Can I include a lien for the amount owed in a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 19, 2021

You use a mortgage (not some other form of a "lien") to secure a promissory note. Yes, their spouses should sign. And since you are paying good money for this, you shouldn't accept a quitclaim deed; use a warranty deed. You and your brothers really should do this with the help of attorneys.

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