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Questions Answered by Jonathan A. Klurfeld
2 Answers | Asked in Real Estate Law for Florida on
Q: is it illegal to make a petition and get residents to sign it in our neighborhood due to the fact of numerous break ins.

We are just wanting security if able to. I said word of mouth so there are no accusations because that can be illegal. Just was wondering because I do not want to be sued.

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 24, 2018

Illegal no, but no one has to listen to a petition even if 100% signed.

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2 Answers | Asked in Real Estate Law for Florida on
Q: We offer asking price on house $165k and put a $5,000 deposit .

The day the property listed the seller moves abroad. We are now told we have to wait two days to see the highest offer apparently multiple offers are coming in .It appears that the sellers realtor was not in fact looking for the sale price as advertised and that placing on the market the day the... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 24, 2018

An offer means nothing, seller has no legal duty to even respond to you at all. so if you have to wait 2 days for all other potential offers then you can or can retract your offer before accepted.

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1 Answer | Asked in Banking, Contracts and Real Estate Law for Florida on
Q: Can a lender force you into a loan agreement modification?

The 1 year construction period for a VA Construction to Permanent loan expired. VA allows for an additional 6 months. The lender wants me to sign a loan agreement modification for providing a fixed rate. The problem is that the construction is not over and under the original agreement, there... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 22, 2018

You took lender's money and the time to pay back the loan expired. So technically you are in default. You can sign and try to work it out, or not sign and lender will foreclose based upon your breach for failing to pay off the loan as the terms expired. You should have an attorney review the... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: I am underwriting a refinance loan held under an LLC. I found that the borrower doesn't own the property.

Title said they will file a QC at closing, I denied the loan. It just did not seem right. It should be a purchase loan, am I correct?

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 22, 2018

I agree in all respects that if this is what you do as a business you should have a lawyer on standby for these types of issues. But yes, it would be a purchase loan as one cannot refinance something it doesn't own.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Roof damaged from hurricane one year ago. HOA responsible for walls outward and won’t fix. Need to sell house.
Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 13, 2018

It's impossible to answer here. You need to hire an attorney to go over the governing docs and figure out what the HOA must do, and then presuit arbitration and sue if need be to make them fix it.

1 Answer | Asked in Real Estate Law, Animal / Dog Law, Civil Rights and Landlord - Tenant for Florida on
Q: I am currently leasing in Florida. I have PTSD & I'm on a wait list for a service dog. Can my lease be terminated?

I have PTSD & per my VA doctors advisement I will be getting a service dog & I’m now on a waiting list. I could be on this list for 6 to 18 months. The property does allow pets which we have one, but there is a weight limit. I have no control over breed/size, although the standard is medium... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 13, 2018

A service animal is not a pet by definition, so you cannot be evicted for getting a service animal. But you are correct, they can simply not renew you in Feb 2019; so simply don't say anything as you could be done with that lease too before 18 months hits and it a non-issue,

1 Answer | Asked in Real Estate Law for Florida on
Q: How many days before closing should I receive my closing documents?
Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 13, 2018

The contract will say, it is usually 24-48 hours before; sometimes the day before.

1 Answer | Asked in Real Estate Law for Florida on
Q: In an eviction case, what does motion for default/proposed default by the court mean if I filed my answer on time
Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 13, 2018

Answer or answer AND deposit the rent due into the registry per statute/the summons. If you didnt deposit rent the answer is void and a default judgment for landlord will be granted without hearaing

1 Answer | Asked in Real Estate Law for Florida on
Q: Can a bank add the condition of opening an account at their institution in order to close on a mortgage?
Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 13, 2018

The contract governs so if you don't like it dont get a mortgage with them. I assume it is to guarantee you have money in your account to pay your mortgage.

2 Answers | Asked in Real Estate Law for Florida on
Q: Do I have any legal action against seller's if they didn't fulfill addendum to contract?

I recently purchased my first home, it's my retirement investment. I will be renting it out until I am able to relocate to the area. Before closing the sellers agreed to rewire the house, reinforce the attic area to make it safe and reinforce the foundation to make it secure, as there were many... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 13, 2018

I agree, by closing you may have waived those conditions as all closing documents are extinguished by merger into your deed. You should have consulted an attorney and not closed until completed. You may not have a legal remedy now as the contract/addendum doesn't exist anymore to enforce.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: In Florida what motion to file if manager did not file proof of documentation that they are the legal property manager

Before they file any paperwork with the court and a order has been made? Is there any statue in Florida that can dismiss this type of claim? If so what is that statue?

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 10, 2018

A property manager is supposed to have an authorization form signed by the landlord when filing. It is case law/a 1993 Florida Bar Advisory Opinion on the topic, there is no statute. But in reality, few judges check for this or care as eviction is less formal litigation and the landlord is rarely... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Sales associate works for Broker. Broker tells SA about a FISBO while SA searches MLS. Is BR entitled to compensation?

Compensation beyond SA and Broker office split.

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 9, 2018

Brokers do not "practice" real estate unless they are broker associate status; they only get their part of the split and any monthly fees their agreement with agents contain. But one would have to check the commission agreement if the split changes if broker provides the lead. If not then there... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: I don't own the house I don't live in the house. I don't have paperwork on the house can I evict renters

I am not the power of attorney I just help out every now and then. Can I just act as the agent without legal certified paperwork?

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 9, 2018

You have to prove to the court you have standing to evict. Simply get something in writing from owners, its very simple to get

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1 Answer | Asked in Real Estate Law, Business Law and Contracts for Florida on
Q: HOA amendment special meeting held July 7 2018 board states they can collect more votes is this legal

FL HOA board called for a special meeting 60 days and picked a date to vote on amendment Meeting came and past there

There was no qurom there was approx 53 votes out of 166. Majority needed of 84.

President claims since their was no majority or quorum the board can still collect... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 8, 2018

There is nothing in the statutes that the HOA cannot try to collect votes and then try again at another properly noticed meeting. And you are confusing 2 separate topics. A quorum is how many members are required to even hold a meeting which is 30% per 720.309(1)(a); unless your covenants call... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Am I under contract? 2nd question

I received a signed contract from buyer´s realtor, then I made changes in two clauses, initialized those 2 changes AND SIGNED ALL CONTRACT´S PAGES (yes, mistake). Buyer´s realtor did not accept those 2 changes and requested to go back to original conditions. Today I received better offers and... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 6, 2018

You should call and hire a lawyer ASPA today to reply to buyer agent. This is not a DIY job and why buyers and sellers get into so much trouble in FL. Unlike other states FL for some reason does not require lawyers to be involved in the purchase/sale of real property. The cost will help you avoid... Read more »

3 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: Am I under contract?

I received a signed contract from buyer´s realtor, then I made changes in two clauses, initialized those changes and signed all contract´s pages. Buyer´s realtor did not accept those 2 changes and requested to go back to original conditions. Today I received better offers and informed buyer´s... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 6, 2018

You made a counter-offer which was rejected and thus no contract. You REALLY need to hire a lawyer.

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2 Answers | Asked in Real Estate Law for Florida on
Q: MY OLD MORTGAGE WAS BOUGHT BY A NEW COMPANY. DO THE NEW MORTGAGE COMPANY NEED TO HAVE THE DEEDS IN THEIR NAME?
Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 3, 2018

In FL the deed is in the property owner's name and mortgage company holds a lien on that property.

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2 Answers | Asked in Real Estate Law for Florida on
Q: Does the 3 day notice only supposed to be for past due rent? If it contains next month or wrong amount is that legal
Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Aug 27, 2018

It is only supposed to be for past due rent, but will also factor in does another rental period become due during those 3 days or not. But I agree, if the judge can determine the amount owed then you will still be evicted based on that amount. Simply pay what you owe to date.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can the manager give the 3 day notice to someone else that doesn't live there I didn't get a copy until 4 days after
Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Aug 26, 2018

The statute, 83.56, only says "The delivery of the written notices required by subsections (1), (2), and (3) shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections (1),... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Is it illegal to distribute door hangers at my apartment complex (and surrounding complexes) if I am a realtor?

I was just wondering if this would be a solicitation violation or a conflict of interest. There are no signs that say "no solicitation" and pizza places do it all the time. I just don't want any legal trouble because I am young and do not have the time and money for it.

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Aug 26, 2018

Ask the owner/people who run it. Just because a pizza place does it and gets away with it does not mean there is no solicitation as its private property.

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