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Questions Answered by Barbara Billiot Stage
1 Answer | Asked in Contracts for Florida on
Q: Can I alter a contract from homeowners ins? Adj report =roof& screen only.

Current contract= roof will be by ins choice comp & defer ded.7k To ME for *all other damages currently documented to be 4k and under the ded.value=7k. there are huge other costs/damages currently not in adj. Report.

I dont want to sign *ALL DAMAGES beyond roof. I will sign IF its... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 18, 2023

This is why no one should buy or sell real estate without a lawyer. We cannot provide you with advice as to this transaction because this is a general Q&A forum and a lawyer needs to read all of the documents before advising if you can or should sign them or submit a counter offer.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: What happens if I have AS IS contract on a Fl property and I sued the HOA four year ago for damage and loss of use.

I am the seller. The buyer is asking me to assign the case to them. I said no... So what is next? Cancel the contract?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 8, 2023

No one should buy, sell or rent real estate without a lawyer representing them. Whether or not you or the buyer can cancel the contract depends on the terms of the contract, which we cannot review in this online forum. Have your lawyer review the contract and advise you or, if you don't have... View More

2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: I am considering selling my free-standing garage that I do not use to a neighbor in my condo group.

Should I hire a real estate attorney or a realtor to handle the sale? Also, would the proceeds be considered taxable income by the IRS?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 30, 2023

Yes, any time you buy or sell an interest in property you should have an attorney involved. A little money now could avoid a lot of money later.

The proceeds likely would be taxable but I am not a tax attorney and there needs to be more facts for a tax attorney to answer that question.

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2 Answers | Asked in Real Estate Law, Tax Law and Probate for Florida on
Q: Why does my home all of a sudden have to go through probate ? I've been paying Taxes, how can the house not be mine.

My step dad who was married to my mother sold me his house for $100. almost 10 years ago not long before he died. We had the sale Notarized and went to the court house and moved the Deed into my name. Here we are all this time later with me believing I own the home paying Taxes every year as the... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 28, 2023

Quitclaim deeds cause more problems than they solve and this is one of the reasons why anyone buying or selling real estate should have an attorney representing them in the transaction. You will now need to hire a real estate lawyer, one with probate experience, to review the deed and advise you... View More

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2 Answers | Asked in Real Estate Law and Construction Law for Florida on
Q: I paid cash July 2021 a real estate construction in Oaklawaha near Ocala, FL, till today it's not nearly done. Need help

What can I do, with this cash purchase of this new construction, which dragged two years long and is still not nearly done? There're two liens on it, too, that are unpaid. Realtor said she is finding a new builder to finish the house, but new builder wouldn't give a finishing date. 90%... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 16, 2023

I'm sorry to hear about your troubles. This is just one example of why everyone should have a real estate lawyer to represent them in any purchase. You will need to hire a real estate litigator to investigate the facts and advise you what can be done.

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1 Answer | Asked in Real Estate Law for Florida on
Q: how many days to record and serve a summons on a party in florida after a property tax appeal case is filed in circuit c

circuit court

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 13, 2023

Service must be completed within 120 days from the date you file the complaint. If service cannot be completed you have to have a legitimate legal reason why (defendant's address unknown) and request an extension of time to complete service before the 120 days expire.

1 Answer | Asked in Criminal Law and Real Estate Law for Florida on
Q: What happens to the vacant house?

Neighbor's house got raided for drugs. It's vacant now. Neighbor's said another relative that's in jail also file bankruptcie. What will happen?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 8, 2023

It depends on who owns the house, not who lives in it. As long as any mortgage is current or the owner is trying to re-establish the mortgage, nothing happens. There's really not enough facts to answer your question.

3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Can we submit an ethic complaint to the bar for this matter?

Long story short, my uncle purchased a foreclosure property from a county auction. It turned out the property she purchased, there was a senior lien. Therefore, she ended up losing the house. Now the lawyer for the defendant (the LLC who got foreclosed), is claiming a surplus of funds. This LLC has... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 3, 2023

Based on the facts, as you stated, no. This is not an ethics complaint or a bad faith action. No one should buy, sell or bid on real property without a lawyer. A simple title search would have revealed the priority lien. The lienholders have priority claims to the surplus funds over the owners.... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: A bldg drainage pipe btwn my 27th flr apt & the 28th flr leaked, undiscovered. Mold ceiling, sidewalls. Who pays?

1.Do hoa docs decide who pays,or does law Trump docs?

2. Pay just for drywall or complete mold removal wherever it's spread?

3. Unused maids suite been unused 18 yrs. Except ss rarely used storage room. Conceivably allowed problem to become worse

Do a hirise owners... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 1, 2023

The answer to your questions resides in your condo documents, which we cannot review in this online forum. Generally, an association is liable to replace the bare walls, floors and ceiling unless your documents provide otherwise. The association is liable if the pipe services more than one unit... View More

1 Answer | Asked in Real Estate Law and Business Law for Florida on
Q: There is water/mold damage inside my condo unit from a leak above me, what are my chances taking the HOA to court?

The leak is from a common element pipe. The HOA has fixed the pipe but refused to pay for mold treatment inside my unit, citing demarcation at the drywall. The Bylaw says "all incidental damage caused to an Apartment by the maintenance, repair, or replacement work done by the Association shall... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 30, 2023

That's impossible to say without reading your condo documents. Generally, the HOA is only liable for putting back the bare drywall but it's possible your documents do not require that. It is also crucial to know if the pipe services just one unit or multiple units. If the pipe services... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: Looking to purchase a condo in FL with seller financing. He wants to do a land contract. Who’s name will the title be in

How does this get filed with the state? I want to make sure I’m protected. The interior needs work and I don’t want to put the effort and money in if this isn’t legitimate. We have agreed on terms, what do I need to do to make sure I’m covered?

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 29, 2023

You should not buy or sell property without having an attorney. Too many things could go wrong. A little money spent now usually saves a lot of money later.

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5 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Should my HOA inform us if they are using a toxic chemical for yard services (i.e. Round-up) ?
Barbara Billiot Stage
Barbara Billiot Stage
answered on May 22, 2023

There's no law that requires the HOA to inform you.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Are HOA's allowed to change the rules so my house built on two merged lots will have to pay two HOA dues when resold?

A few years back the HOA allowed people to merge lots together where the merged lot would only pay one HOA dues instead of two. Recently, they changed the rules and now everyone who merged lots in the past still only have to pay one HOA dues; however, if they sell the lot/residence then the new... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 19, 2023

Yes, there was a court case years ago that ruled homeowners who had one house on two lots were still required to pay two assessments and that holding them liable for just one assessment violated the Declaration of Covenants, Conditions and Restrictions.

2 Answers | Asked in Real Estate Law for Florida on
Q: I am being sued for fraud due to a house I rebuilt flooding.

The house flooded one time during the renovation but was corrected and never flooded for 2.5 years in which we owned the house after the renovation was completed. However, the yard continued to flood. The house was an extensive rebuild. I disclosed the yard flooded due to no storm water drainage... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 10, 2023

The good thing is you have a lawyer representing you in this lawsuit. The broker is not a lawyer and should not have advised you on this matter. Their interest is to make the sale, which creates a conflict when your interest is to make the sale without getting sued. Everyone should have a lawyer... View More

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3 Answers | Asked in Real Estate Law and Domestic Violence for Florida on
Q: I am a mother with 2 children and co-own a home and land with my current boyfriend. He is not their father. We co-own

a home and both of our names are on the deed and mortgages. He has become increasingly more emotionally, verbally, and mentally abusive so I am trying to move out but I have nowhere to go. I have invested thousands of dollars in this home and I cannot financially afford to live on my own without... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 3, 2023

Your name cannot be removed off of a deed without you signing it (or by forgery). You should consult with a real estate litigator today. You could file an action in court called a partition, which would force him to buy you out or the court sells the property.

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1 Answer | Asked in Real Estate Law for Florida on
Q: As a home buyer, how do I coordinate paying for the roof on the new home?
Barbara Billiot Stage
Barbara Billiot Stage
answered on May 3, 2023

If you are going to buy or sell real estate you should consult with and hire a real estate lawyer. They can make sure the proper paperwork is completed to protect you in these types of situations plus look out for many other issues that might be a problem.

2 Answers | Asked in Civil Litigation and Real Estate Law for Florida on
Q: My friend owns properties with her two brothers. She wants to sell. One brother does not. Can she compel him to sell?

My friend is cash poor and really needs the money from the sale of these properties. Her brother refuses to sell because he wants to leave the properties to his son. My friend has a medical condition and needs the money for insurance, medications and the like. She can't cover basic living... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 22, 2023

Your friend should consult with a lawyer about a partition but also have the lawyer first try to work out a resolution so the legal fees don't take a lot of the equity in the house.

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2 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Florida on
Q: Bought a mobile home in largo fl on 3/07/2023. No lease signed. Theycreated a new lease 04/25/23 and want me to sign it

Am I privy to lease used on 3/7/2023 and able to elect which one I want? The mobile home park at time was in process of possible sale and seems I got caught in some behind the scenes dealings. My realtor said to buy when I did as I would be grandfathered into current lot rent and current lease. I... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 21, 2023

You cannot be grandfathered into a lease you are not a party to and did not sign. FYI - you should never buy or sell a home or real estate without a lawyer. Real estate agents cannot give legal advice and their goal is to make the sale.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Condo Assoc. in FL approved limiting parking to one parking permit/unit. Vehicles without permit will be towed.

Most of the units are used as vacation homes so one permit is not a problem. There are a few spaces reserved for guests. This is my primary residence and I own three cars. There was nothing in the condo declaration or rules and regulations and by-laws pertaining to parking or vehicle ownership. Is... View More

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

Without reading the condo documents, which we cannot do in this online forum, my experienced guess would be "yes." Condominiums have limited parking and generally do not have the ability to create additional parking spaces. The general rule is, if it serves a legitimate business need,... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: I live in a mobile home park and you are only allowed to have one property at a time however I have inherited 1 ?

It's an open title with a 12-year pass of taxes for the property what can be done to put it in my name or a corporation's name so I can renovate it and put back on the market I am not going to keep the property so I'll still only have one

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 31, 2023

You need to consult with a real estate lawyer in your area to read the mobile home park documents to determine what is your best option. Generally, such restrictions are not effective against inherited property but you need to make sure the documents do not contain any language that might defeat... View More

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