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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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.
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
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
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
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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