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Questions Answered by Jane Kim
2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Florida on
Q: florida law. can a new owner of a motel that i have lived month to month for 3 1/2 years tell me to leave in one day?

motel has no lease and i pay month to month. i have been here for a little more than 3 and 1/2 years. the new owners knocked on the door and told me i had to vacate the premises by tomorrow. if it matters i am 70 years old and am a heart patient. please advise. thanking you in advance.

Jane Kim
Jane Kim
answered on Sep 16, 2022

It is 15-days notice whether you are deemed a commercial or residential tenant. If it is for non-payment (does not sound like it) then under commercial leases there is a 3-day notice requirement. At this point, they will have to follow formal eviction procedures to actually evict you. Therefore, I... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: Do we have the right to sue.

My husband and I put a down payment on a home but before we could sign anything we decided not to go through with the process. However, the management company that accepted the check will not issue an refund. It's been over a month since we started the buying process and every time corporate... Read more »

Jane Kim
Jane Kim
answered on Sep 7, 2022

You always have the right to sue. Sometimes, all it takes is a demand letter from a lawyer, unfortunately.

I must disagree with my colleague, downpayment is often refundable, it depends where you are in the process. It sounds like you are at the earliest stages of contract, or it...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is an email offer contractually binding?

My landlord offered to pay my moving expenses to vacate the home we were leasing. Once we moved out, they refused to pay.

Jane Kim
Jane Kim
answered on Sep 6, 2022

Yes, it is binding to the extent you relied on it to your detriment.

The only problem is that the amount is likely too small to involve a lawyer.

Good luck.

1 Answer | Asked in Business Law and Contracts for Florida on
Q: Hello, I have small photography business in FL and a potential client asked for services to photograph a wedding in FL.

They were sent a contract to hold the date via docusign, contract states it is only valid with full signature AND receipt of deposit. Deposit is only accepted via zelle, paypal and venmo(certified checks are for businesses only). They signed the contract - and didn't send the deposit... Read more »

Jane Kim
Jane Kim
answered on Sep 3, 2022

Contract with the purpose of committing fraud is void. Therefore, I would not worry about some signed and illegal piece of paper. I would block them so that they cannot contact you again. And most certainly, do not initiate any more contact with them.

2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: If I take out $200,000.00 from my retirement account to purchase/invest in a rental property.

Will I have to pay early withdrawal fees?

Jane Kim
Jane Kim
answered on Sep 2, 2022

Yes, there is an early withdrawal penalty unless you are very close to retirement then you should consult with an accountant because in certain situations you would not have to pay the penalty. And if you use it toward first time home buying, there is an exception to the penalty.

Good luck.

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1 Answer | Asked in Real Estate Law for Florida on
Q: lease 2/2020-6/2024 can rent be raised with a certified letter of addendum to lease

• RENT PAYMENTS, TAXES AND CHARGES. Tenant shall pay total rent in the amount of $ 19,200.00

(excluding taxes) for

Lease Term.

MISCELLANEOUS.

A. Time is of the essence of the performance of each party's obligations under the Lease

The Lease shall be... Read more »

Jane Kim
Jane Kim
answered on Aug 31, 2022

A quick answer is No unless the original lease allows for rent adjustments.

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: Buying a house with a current leased solar panel agreement - seller says buyer must assume lease. What if I don’t?

In other words, what if we go through closing, everyone signs the paperwork the title company has for the sale of the property (none of which includes the solar lease), and I just don’t assume the solar lease? The only thing about the solar lease is the wording “buyer must assume solar lease”... Read more »

Jane Kim
Jane Kim
answered on Aug 29, 2022

You need to have a lawyer review the lease agreement with the solar company, whether the lease is assignable (probably) and what the remedies against you might be. It might list repossession as the only option, which is what you'd want anyway.

You agreed to the lease in the contract....
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2 Answers | Asked in Real Estate Law for Florida on
Q: Is there anything the seller can do after they've signed the contract and closing is done and it's already been recorded

I recently purchased a home from a lady and everything had been signed everything have been recorded everything have been paid and her son shows up harassing me at the house because he feels like she didn't get enough money is there anything that they can do besides embarrass me and try to run... Read more »

Jane Kim
Jane Kim
answered on Aug 28, 2022

Make sure you record the deed, if you haven't done so already. Once you do that, other uninvited guests are trespassers, that's what Mr. K was trying to explain.

Good luck.

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2 Answers | Asked in Business Law and Landlord - Tenant for Florida on
Q: I was wondering if you are in a lease and they switch company’s without you signing a new lease is it possible leave?

Trying to get out of the lease

Jane Kim
Jane Kim
answered on Aug 23, 2022

It depends if your lease can be "assigned." Look for this provision. If it is there, your lease continues under new ownership. If it is not there, contact a lawyer to see if you can "get out of it."

Good luck.

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3 Answers | Asked in Business Law for Florida on
Q: I hired a business broker to sell my business. His contract won’t let me fire him. Please help!

I hired a business broker in May to sell by business. For the last 3.5 months he has not done anything to sell my business. He hadn’t posted it on the BusinessMLS or BizBuySell. Nowhere. When I discussed my frustrations he gave me a song and dance and then told me that it’s just slow during the... Read more »

Jane Kim
Jane Kim
answered on Aug 22, 2022

It is impossible to provide advice without reviewing your agreement with the broker.

A broker should not earn a fee if he does not actually procure a buyer, that would be unjust enrichment and likely a violation of the rules regulating brokers (FL DBPR).

You should read the...
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1 Answer | Asked in Real Estate Law for Florida on
Q: My home builder is not fulfilling our home warranty that they signed. What can we do?

We signed a home warranty for a year and have been needing windows replaced since before we closed for 4-5 months now and have not gotten them replaced.

Jane Kim
Jane Kim
answered on Aug 22, 2022

That would be breach of warranty. You'll need a litigation lawyer for that one.

Good luck.

1 Answer | Asked in Real Estate Law for Florida on
Q: I sold a piece of vacant land and the people stop making payments to me. Can I foreclose on the property

It’s have back taxes and it is going up for tax sale soon

Jane Kim
Jane Kim
answered on Aug 22, 2022

Yes, most definitely. But how did you sell it? Do you still hold title? Did you record a mortgage? If you did not sell it correctly, your only remedy might be to sue that person for damages. It really depends what you did at the time of sale.

2 Answers | Asked in Real Estate Law for Florida on
Q: quit claim deed signatures only had 1 witness is it valid

deed to add me had 2 witnesses deed to remove me only has 1

Jane Kim
Jane Kim
answered on Aug 19, 2022

Not. valid deed, if it was recorded, and the Clerk missed it and recorded it, you have to correct it.

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2 Answers | Asked in Real Estate Law for Florida on
Q: Hello, I am forming a real estate brokerage in Florida as an LLC with two partners. I am the managing broker.

The other two are not licensed in real estate. Is it correct for me to file as MGRM and them to file as AMBR?

Jane Kim
Jane Kim
answered on Aug 19, 2022

This material is covered on the the 72 Hour Broker Pre License Course, that: Only real estate brokers can own and maintain a real estate office in Florida.

https://www.mlscampus.com/blog/162-broker-s-office-requirements-in-florida

I highly recommend to contact FL DBPR before you do anything.

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1 Answer | Asked in Contracts, Real Estate Law and Business Law for Florida on
Q: Do I have a case?

A leasing company has deceived us out of 5k. The funds were paid in order to receive the keys to move in. We were not able to accrue the full amount so the company canceled. I was told over the phone and text that we would be refunded in 30 days, now they are saying otherwise. This was July 6th.... Read more »

Jane Kim
Jane Kim
answered on Aug 18, 2022

I do not know the reasons stated for keeping your money. But typically, no one is entitled to keep the money without providing an actual service. Sounds like you might have a case.

You might want to go to small claims court which is set up for parties without lawyers.

3 Answers | Asked in Real Estate Law for Florida on
Q: can i be taken off a quit claim deed without resigning a new document

i was put on deed in 2014 and recently taken off without my knowledge

Jane Kim
Jane Kim
answered on Aug 16, 2022

All owners must sign all deed transfers. You can look up records in the county online.

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2 Answers | Asked in Real Estate Law for Florida on
Q: A resident with FL Homestead; the deed states joint-ownership with right of survivorship. What are my rights?

I am a resident homeowner with FL Homestead however, the deed states joint-ownership (Mother) with right of survivorship. The deed was recorded in 2012. The property was originally part of a relative's estate. The mother does not reside at the property. An uninvolved party (claiming a POA)... Read more »

Jane Kim
Jane Kim
answered on Aug 15, 2022

Sounds like the other owner wants to sell and your mother refused, so s/he instituted a partition action.

Yes, they can do that. No one can keep anybody in forced ownership of a property.

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2 Answers | Asked in Collections for Florida on
Q: I got a civil action summons, I haven’t responded yet, but this is from 2016 I can’t find the case in public records?

Does this mean There is no case anymore. It said I had 20 days to respond but I don’t know that included weekends now am I too late, will I have to pay in full or can I still respond. The weird thing is I can’t find it in public records search.

Jane Kim
Jane Kim
answered on Aug 12, 2022

It is 20 days (not 20 business days).

It must have been filed, otherwise the clerk would not have issued the summons, and a sheriff would not have served it on you.

Florida has different statutes of limitations depending on the cause of action, so that this 2016 date might be...
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2 Answers | Asked in Business Law, Civil Litigation and Consumer Law for Florida on
Q: Is it illegal to protest/share a negative experience with a business?

I bought into a company that claimed they were going to teach me how to be successful in a business and would provide coaching from people who had done the business. They claimed they had already worked out the kinks and would teach me to use their system and all I had to do was follow it. It did... Read more »

Jane Kim
Jane Kim
answered on Aug 11, 2022

I completely agree with Mr. Baron.

It sounds similar to the litigation involving trump university where trump settled.

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2 Answers | Asked in Real Estate Law for Florida on
Q: I own 2 investment properties with someone and I want to partition the houses. Do I need a Real Estate attorney or other
Jane Kim
Jane Kim
answered on Jul 13, 2022

Yes, you need a real estate litigator for that.

Partition implies the other owner does not want to sell. Usually partition is used when you cannot ascertain the other owner and need to move on with disposing of the property. Partition with both owners present does not make much sense...
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