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Questions Answered by Jonathan A. Klurfeld
1 Answer | Asked in Real Estate Law for Florida on
Q: Can i break a lease if i didnt know i signed one? And havent given any deposit yet?

Didnt know i signed a lease i did it online and thought it was only an application and i paid the application fee only. No deposit and i cant move in because i have another house and i dont have the money

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

Failure to read what you signed is not a legal defense. You will need to pay whatever penalties the lease has to break it.

2 Answers | Asked in Real Estate Law for Florida on
Q: Need to break a lease i wasnt aware i even signed

Only have paid application fee

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

Failure to read what you signed is not a legal defense. You will need to pay whatever penalties the lease has to break it.

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2 Answers | Asked in Real Estate Law for Florida on
Q: I am entering into an owner finance agreement for land. When is it prudent to do a deed search.
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jul 19, 2018

Now. Why wait to find out something is wrong with the title or property? You could avoid even putting any money (besides the title search) or time in.

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3 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: How do one go about getting their name removed from a shared mortgage? 5 years ago the judge awarded the marital home

To my wife and and ordered her to refinance within 60 days and try every 6 months and show proof and take my name off the note and mortgage. To date she still hasn't done it and it is seriously hurting my credit and my ability to purchase a home. What can I do to remove my name and get my... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jul 17, 2018

I agree, go back to court. But the judge has no power to remove your name from a contract you signed simply because you divorced. The method would be requiring her to refinance in her own name or sell

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1 Answer | Asked in Real Estate Law for Florida on
Q: Will I have an issue selling my home to a cash buyer if I am currently awaiting home modification paperwork on my loan.

Ditech sent me a letter stating that I can receive a home modification if I can pay a monthly payment of a specified amount each month on time for the next three months. July was my final payment before the mortgage company puts together the paperwork for a home modification that will be mailed to... View More

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

Nobody can say without reviewing the paperwork and also seeing what the offer is versus what you owe. You can likely still back out of the loan mod and sell, but you should hire an attorney who does foreclosure defense to analyze your situation. You will want an attorney for the sale anyway.

1 Answer | Asked in Real Estate Law for Florida on
Q: In florida. Purchased a manufactured home with ex wife. Title is. "" And "" If i want to sell what are my rights?
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jul 8, 2018

Sue for partition to have the court force sale the property if she wont sign; but will cost yo each thousands in attorney's fees. Better to work it out.

1 Answer | Asked in Real Estate Law for Florida on
Q: I purchased a house and the previous owners left some items behind after I was told that they got everything. I cleaned

Out the house , I received a certified letter today stating they want their things back. What are my rights?

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

Simple, make an agreeable time/date for them to pick it up. You dont want legal issues throwing their stuff out, and you should have insisted before closing that the property was emptied fully

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: Do I have pay previous liens on a tax deed property I acquired on 8/2017?

I acquired a tax deed property on 8/2017. When I acquired this property, I paid all the taxes to get it to auction. The county also did a title search and there was nothing found in the means of liens, encumbrances,etc. I now own this parcel and my current tax bill has a lien on it and according... View More

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

This is why you hire a lawyer BEFORE bidding on property at foreclosure/tax auction to work through these other liens and what will survive. Code liens are not usually extinguished by tax sale and are not removable because you didnt do due diligence before bidding. You will need to correct the... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: I’ve been renting this property for four years a real estate property manager took over one year ago I did not pay Any

FeesBackground checks security deposit when I signed with hima year ago. now it’s time to renew my lease he’s asking for $250 in Administration fee 150 re-signing fee I was just wondering that’s all legal

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jul 3, 2018

A new lease means new terms. You agree to the new terms of don't sign the new lease and move out. There is no choice C.

1 Answer | Asked in Real Estate Law for Florida on
Q: my ex wife removed my name from our home without me signing quit deed in divorce. she has also refinanced.

she is still using my last name after she legally changed it twice

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jul 3, 2018

You would need to ask your divorce lawyer. If there was a court order granting her title you didn't need to sign anything; and once in her own name she could refinance.

1 Answer | Asked in Contracts, Products Liability and Real Estate Law for Florida on
Q: If you sign an assignment of benefits from your insurance company to acontractor and they do not do the work, what to do

if you sign an assignment of benefits between your insurance company and contractor, and the contractor does not do the work properly, even damaging your property, what can you do?

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jul 3, 2018

Contact your insurance company, the ones who paid then, and let them know the work they paid for isnt being done.

1 Answer | Asked in Real Estate Law for Florida on
Q: Without a written lease on a commercial prop. can the actual lessor come after you after giving verbal notice 15 days b4

I was subleasing a space from the actual lessor. They have a written 2 year lease with the property owners. I am not on any written lease but did have a verbal agreement to pay them each month via check for the office as long as I was using it. I gave a verbal 15 day notice. They seemed normal... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jul 3, 2018

Good luck to them; likely blowing smoke if they have nothing in writing stating that.

1 Answer | Asked in Real Estate Law for Florida on
Q: I signed a contract to lease. Am I obligated to move in if I change my mind b/c residence hasn't finished renovations?

Complex said they would be finished renovating by June 29th and we would move in on July 1st as stated in our contract to lease. It is July 3rd and still haven't moved in. At this point, we don't want to move into this complex anymore as we've found a nicer place. We did however pay... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jul 3, 2018

There is no such thing as a "one-year contract to lease." If it is for one year then you signed a lease and are stuck.

1 Answer | Asked in Real Estate Law for Florida on
Q: Is a buyers Real Estate Agent entitled to verify the List/Exclusive Right to Sell Agreement signed by the Selling Agent?

I'm a licensed Real Estate Agent, I have a buyer interested in a property, I asked the selling/listing agent to provide me a copy of the Listing/Exclusive Right to Sell Agreement as I want to verify it.

She denied to deliver. Her broker also denied. What instances can I go to get that... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jun 27, 2018

There is no such thing they have to disclose. The listing agreement, and any agreement between seller and broker, is confidential and up to broker to disclose the terms. There should be nothing more to verify than broker's word the seller agreed to list with broker, and the MLS listing terms... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: I have been told by a Real Estate Attorney Practicing in Florida that if a Buyer pays with a Bank Check at Closing,

He will not disperse Commission checks for 7 to 10 days. Its a Cash Sale. Is that legal?

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jun 27, 2018

There is nothing "illegal" about it per se. Bank checks are not 100% guaranteed, there has been bank check fraud going around; a wire would show within a few hours/day as cleared. It all depends how long it takes the bank check to clear his account (that could be up to a few business... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: I am set to close on a house in two days. They have not shown me title commitment. Contract says they should have it to

I am set to close on a house in two days. They have not shown me title commitment. Contract says they should have it to me eight days before close. Can I back out of the sale/contract and get my deposit back?

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

Probably not unless something is there wrong with title as you have no harm, but what doe your attorney in FL say? If you don't have an attorney you are doing the process wrong and have no one protecting your interests (the title company does not represent your interests)

1 Answer | Asked in Real Estate Law for Florida on
Q: My realtor company had me agree to pay $295 to retain and archive all records associated with the close - is this legal

After entering into a contract with a seller, my realtor's company had me sign an agreement that requires me to pay $295 on all transactions for document processing and archiving for the “required minimum of seven (7) years pursuant to Florida Real Estate Licensing Law.” Is this legal?... View More

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

Its a very common processing fee for brokers that realtors may pass onto the client via contract. If you agreed then you have to pay it. It is a tiny cost considering seller pays your realtor's commission; and typically is added onto closing costs anyway

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Florida on
Q: I'm buying a house from my sister. She charges me property tax and insurance and claims the property on her taxes

Is this legal for her to claim the property on her taxes while I pay the property tax and insurance? And is it legal for her to charge me property tax and insurance while the home is in her name? There is no written agreement between us other than a payment plan that my aunt drew up because... View More

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

Anyone can pay expenses on a house, there is nothing "illegal" about it. What she does on her personal taxes is not relevant to you at this point absent you wanting your own sister to go to jail for tax fraud or the sort; which would hurt you purchasing the house. Once you own the home... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: Need commercial real estate attorney for title, deed for closing ( already working with closing company), lake worth FL

What kind of services ( survey, tile search ...) do I need to have a clear title, no trouble in the future?

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

You need to hire an attorney to review all of the closing docs (including survey and title search) that the title company prepares to protect your interests. These often have mistakes and are prepared by non-lawyers or paralegals at best; even if the title company is a law firm. Most work on... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: Mom & daughter own house. Daughter dies. Is the daughter’s husband entitled to any profits from the sale of home?

Husband’s name is not on the title. However, daughter was put on the title during marriage.

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

Him not being title is not determinative. Husband has an interest in the property via daughter's estate as surviving spouse potentially. It depends how the deed was worded; tenants in common vs joint tenants with rights of survivorship. The latter he likely doesn't, the former perhaps... View More

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