On May 28th I purchased a vehicle for $15,900 (Including tax & tags) from a used dealership. Paid in full, no warranty. 6 days later on 6/6, the vehicle broke down. I had the vehicle towed back to the dealer, and told them to have their mechanic “look at it, and let’s figure out a way to... View More 
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answered on Aug 15, 2023
There’s a clear violation of Florida law that requires auto ships to issue invoices and authorization in writing prior to work being performed. The problem is the amount in controversy is not so high for legal fees. Maybe you could get a later draft a complaint for you and you take it through... View More
I'm considering working in Canada for 2-3 years. I would still keep my home in Florida (not rented) including my driver's license, car insurance, bank accounts, brokerage accounts, etc.... all linked to my Florida address. Would I still be legally able to keep Florida as my State of... View More
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answered on Jul 31, 2023
Why are you asking? For what purpose do you need a FL residence? As a US citizen you must file income tax returns regardless of where you live abroad and for how long. For that reason alone, it is good to maintain a state-side address. You cannot maintain homestead exemption on your FL home because... View More
I'm in public health and specifically deal with public health information (PHI) of clients while working remotely in Brazil. However, I was told by my employer that i cannot be overseas while working with this company because i deal with public health information. I'm kindly asking, if... View More
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answered on Jul 25, 2023
As you know, penalties for healthcare data breaches are very high and your employer is required to protect PHI.
When you work abroad, your employer cannot control security of your internet, your IP, your router, how the internet traffic travels and through which channels, etc. Since your... View More
I am a US defense contractor in Germany. My husband is threatening to leave me and take our two children back to the US. We are here under the NATO Status of Forces Agreement (SOFA). What are my options to prevent him from taking them back to Florida? Do I need to file for divorce or is there some... View More
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answered on Jul 24, 2023
I am not a family lawyer but I work on international cases. This is what I know...
If the child is not present in Florida and resides abroad, Florida courts may not have jurisdiction over child custody matters under normal circumstances. Jurisdiction in child custody cases is typically... View More
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
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answered on Jun 16, 2023
You have to be careful how you terminate the contract with the initial general contractor. Construction/lien laws are pretty strict. I bet this GC will claim he is owed money too. I'd highly recommend retaining a lawyer in order to move on to the new builder. In fact, some builders may not... View More
I just recently filed an appearance as Pro Se after realizing that my attorney was not submitting evidence. I desperately need to get evidence as it contradicts the defense entire strategy. We have already amended the Supplemental Rule 26 once. Do I have to request another amendment in order to... View More
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answered on Jun 14, 2023
It's unclear how R.26 relates to your summary judgment, and it's important to note that the federal court system is not designed for pro se litigants. Unlike small claims state courts, the process is far more complex, and Judges are not there to guide you through it. In your summary... View More
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During hearing, judge stated she hadn't read my motion. After reading it, instead of doing another hearing judgment was entered against me. Was the judge required to set another hearing after reading my motion so I could argue it's merits? I didn't get the option... View More
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answered on Jun 9, 2023
There is no "requirement" to hear motions unless they are motioned up or noticed for a hearing, which would require obtaining dates from the court and coordinating a hearing with the other side. Otherwise, the court does not know there is a motion on file.
You may want to... View More
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
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answered on May 8, 2023
Florida law requires sellers to disclose any known facts that materially affect the value of the property that are not readily observable to the buyer. This includes any prior flooding or water damage, even if it has been repaired. The disclosure must be made in writing, and the seller must... View More
Hello,
I am writing to kindly request a legal advice regarding sanctions restrictions that may apply to bank accounts of a citizen of Russian Federation.
The case is as follows:
A citizen of Russian Federation has bank accounts in banks in Europe and in the USA.
1.... View More
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answered on Apr 4, 2023
This is not the forum where you can type up specific legal questions, and receive free legal advice. As a lawyer, I may provide some direction, however. For instance, why are you asking these questions? Have your accounts been closed? Have the US banks cite to any laws pursuant to which they closed... View More
My water heater sits in a pan with a well maintained drain, so the risk of flooding in the event of a leak is mitigated. Can the board legally require replacement, under the threat of legal action to enforce? Our bylaws make no mention of an authorization to require replacement of water heaters... View More
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answered on Mar 20, 2023
I would answer this question in practical terms. How do they enforce it? They'd enforce it only if there is an actual leak that causes damage that would ordinarily be absorbed by HOA's insurance. In your situation that damage to common elements becomes your responsibility instead of the... View More
Now I was told it's a civil matter but he has my vehicle and he did not have permission to do any of the work on it
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answered on Mar 18, 2023
F.S. 559.921: If, in any proceeding brought pursuant to this part, it is determined that the repairs and costs thereof were in fact authorized, orally or in writing, the repairs were completed in a proper manner, and the consumer benefited therefrom, then the enforcing authority may consider such... View More
Seller sold property and title company handle closing. On Feb 7th 2023 title company assured seller that a Cashiers Check was Prepared and sent to him via regular mail.
30 days has elapsed and seller did not receive his check nor can the title company provide copy of Cashiers Check or a... View More
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answered on Mar 8, 2023
There are legal remedies available, of course.
The title company must follow the acceptable accounting principles, applicable Florida Statutes and the Florida Administrative Code to maintain accurate records of their financial transactions, including records of all escrow transactions, and... View More
My start up company involves animal training and education. I registered as an LLC initially, but recently other business owners have been recommending that I switch to an S Corp. I was told that I would be better protected. Could you please define the differences between the two, pros and cons,... View More
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answered on Mar 3, 2023
For your purposes, LLC is easier and provides the same advantages, if not more, than an S Corp.
Here is what an AI robot says (I do not agree with No.1 under "disadvantages." )
Advantages and disadvantages of LLC over an S Corp.
Limited Liability Companies (LLCs)... View More
I want to make sure that I my relationship with a contractor is terminated when they cash my check
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answered on Jan 31, 2023
Yes, the Florida statute that governs Full and Final Accord and Satisfaction is Florida Statute 673.3111. You have to tender the check with proper notice for it to be effective. Also, it depends what your contract with the contractor says. You can't just write a check for a dollar and call it... View More
Second mortgage is after estate of deceased owner against his heirs (former owners of house). I talked to attorney of case, he told me he can’t discuss details with me since I am not in case. He told me they going after former owners of the house including bank who took money I paid for house.... View More
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answered on Jan 25, 2023
When someone purchases a home, there are two legal remedies available to the banks for non-payment. One is foreclosure and taking possession of the home. Two, is a breach of note remedy or collection on the deficiency judgment.
Here, it sounds like you purchased and took possession of the... View More
A company sent me someone’s homeowners insurance paperwork through airdrop. I work in the building next to them. It has the homeowner’s name’s and addresses on the first page. It’s four pages worth of information
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answered on Dec 21, 2022
A normal procedure for someone who was an unintended recipient of information is to contact the sender so they can resend it to the correct person, and to destroy the information received. Best regards.
She is fighting because I won't give her half the insurance repair money from a fire. Ins policy states that money only goes for repairs concerning the damage done by fire.
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answered on Dec 15, 2022
Buying someone out means you pay that person a fair market value (FMV) of the property today minus your half of the ownership. So that if today's FMV is $500K and you own half of it, you end up paying your sister $250K. Your sister would have to use the proceeds of $250K to pay off her share... View More
Now they are taking me back to court is there any way to protect my assets so they don’t put a lien on my primary residence
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answered on Dec 12, 2022
Hiding assets to avoid creditors is illegal. However, if your primary residence in Florida has a homestead exemption then Article X, Section 4 of the Florida Constitution exempts homestead property from levy and execution by judgment creditors. This means a creditor cannot force the sale of your... View More
What is a quit claim deed?
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answered on Dec 8, 2022
A quitclaim deed is a legal instrument which transfers title to real property. It is typically utilized in transactions between family members or if you'd like to transfer your property into a trust. These types of transactions do not have financing. If your property is currently financed,... View More
Place is in Florida, both realtor and seller said flood insurance is not required, bank said it is in a flood zone, now way more money is needed for evaluation of property, realtor says we cannot get out of contract, what can be done
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answered on Dec 3, 2022
Florida does not have flood disclosure laws. Therefore, it depends what your real estate contract says and what the Seller’s Property Disclosure Form says. It covers a variety of property conditions and risks, including: structures, appliances, termites, water intrusion, flooding drainage,... View More
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