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Questions Answered by Richard Paul Zaretsky
1 Answer | Asked in Real Estate Law for Florida on
Q: We penned changes to florida disclosure form and haven’t signed. Broker says it can’t be changed. Only by lawyer

Surely if not signed they can redo the disclosure form? broker - active florida realty - our realtor is using.

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Sep 19, 2021

Florida real estate agents and brokers cannot change or even create other than the Florida Supreme Court approved forms. This does not prevent the parties themselves changing any form. So the agent is partially right in that the agent cannot modify the form - but you can as long as it is without... Read more »

2 Answers | Asked in Civil Litigation, Contracts, Consumer Law and Real Estate Law for Florida on
Q: Can a plat map be used as a road disclosure in closing documents, even though there is a abutting road disclosure

At closing we were not told about the retention pond and the private road. There was a abutting road disclosure. Nothing else. There was a line about you must join the HOA and follow the CCR. The CCR’s were not given prior to closing. Hidden in there was a line about the HOA being responsible for... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Sep 19, 2021

This transaction was apparently cancellable by you BEFORE the closing. But once you closed, you could not terminate the transfers.

All the information was apparently available and in the title commitment you received and in the public records. You did not have the knowledge of what to...
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1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: My question is in regards to the real estate partition process.

Before the forced sale of a home, will the owners receive a document stating they have been released from the rights and responsibilities of home ownership?

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Sep 5, 2021

Answer this Double NO. Homeowner obligations of maintenance and taxes end on issuance of the certificate of title usually at least 10 days after the auction.

Mortgage and Note obligations don't end until after the lender is paid in full. And it depends also what obligation is being...
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2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Florida on
Q: Does a HOI company in FL have any liability if they agree to insure and then cancel policy after home purchase?

I bought a home with an old roof in May 2021. I had only one option for HOI as a result. The company was provided a copy of the 4 point inspection and agreed to issue the policy. I was buying the property with the intention of doing some renovations in the next year or two, but didn't have the... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Aug 13, 2021

Call the Florida department of insurance and they have a department For this type of complaint.

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2 Answers | Asked in Contracts for Florida on
Q: Howdy... How can I place a lien on a boat title in Florida?

I sold my vessel to a guy. He broke our contract owing me $5200. He put down $400, but never made another payment. I've got everything signed. He owes $5200.

What steps shall I take to get the vessel or my money?

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Aug 8, 2021

You went about selling the unit with a debt incorrectly. You needed to get your lean on the boat at the time that you entered into the contract and signed the original documents. The lean has to be registered with the state At the time that the title is issued, not when the buyer defaults on the... Read more »

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3 Answers | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Real Estate Law for Florida on
Q: Did my landlord violate my privacy?

So, I know I'm in the wrong too, but I need to see the best way to go about this. I have outside cats and just move where the landlord doesn't want animals, but they are outside cats. For my own reasons, I didn't mention it and just need a week or so for them to get use to their new... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Jul 3, 2021

Did you consider the Landlord's feelings? After all you essentially lied to the Landlord.

You are in the wrong and you should find the remedy yourself.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I am a Florida realtor and own a home in Ohio I am selling do I have to list I am a realtor on zillow listing ?
Richard Paul Zaretsky
Richard Paul Zaretsky answered on Jun 21, 2021

It depends what the law says in Ohio for a realtor selling their own home or a property in which they have an interest. You should consult with an attorney in Ohio.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Husband and I have IRS tax lien associated with our ss#s - we have a cash buyer for our home.

How will a cash sale be treated by the IRS

Richard Paul Zaretsky
Richard Paul Zaretsky answered on May 29, 2021

Unless you are providing financing by giving the buyer a mortgage, every sale is a "cash buyer" transaction because you are being paid the purchase price.

As for the IRS, if there is a tax lien on your name or names, the IRS must receive at least a portion of the proceeds. You...
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2 Answers | Asked in Real Estate Law for Florida on
Q: I bought a property through an auction that I now learned has a mortgage on it. What options do I have?
Richard Paul Zaretsky
Richard Paul Zaretsky answered on May 25, 2021

If the sale was the foreclosure of a HOA or Condominium lien, first kick yourself to try to awake from a bad dream. Next see an attorney to determine if there is some problem with the auction such that maybe there is some way to get out of the transaction, or perhaps some other solution to keep... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: The condo board won't pick up certified letter requesting records. What do I do now?

Two other owners and myself have sent several certified letters requesting financial records but they wont pick the letters up because they know what they are and don't want to give us the records.

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Feb 8, 2021

The requirement is that you send the request to the address used by the board of directors or the President. There is no requirement that the board read your demand. Your demand is made whether they read it or not.

Time for an attorney to communicate with them once they have breached the...
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2 Answers | Asked in Real Estate Law for Florida on
Q: Hello, My property and house sold at a tax deed sale what happens to the mortgage on the house? I live in Florida.
Richard Paul Zaretsky
Richard Paul Zaretsky answered on Jan 17, 2021

great question -

If there is still a mortgage on the house, the first thing that will happen is the person at the mortgage company that is supposed to monitor these things may be fired.

Second is that the mortgage lien on the house is gone. You have no mortgage anymore - but...
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2 Answers | Asked in Consumer Law, Contracts and Real Estate Law for Florida on
Q: Who may I sue in a new home construction sale, the builder or the seller?

I signed for a new construction home, now that is almost finished they did a different kitchen, as explained by the seller, the ceiling is low than the offered by the seller, and principal bathroom was offered with two sinks and they put only one.

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Dec 11, 2020

Not enough information but enough to see you need an attorney to review the contract and the events leading up to entering into the contract. Based on that review it should be able to be determined if you have a chance to get damages, or if you already purchased it, have you waived rights to sue... Read more »

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2 Answers | Asked in Contracts and Civil Litigation for Florida on
Q: Can I get a refund on a cancelled vacation rental property?

We live in Illinois. We booked a vacation rental property on Captiva Island for Mar 28-Apr 4, 2020. The rental was facilitated VRBO; actual booking was with Dream Vacation Rentals (DVR). We cancelled due to Covid. The Illinois governor issued a "no leisure travel" order on March 20.... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Nov 16, 2020

This is a great question.

And actually the answer is simple.

Did the seller of the service perform? No.

Did you prevent the seller from performing? No.

Did you pay for a service and not receive it? Yes.

You are entitled to a full refund.

It gets...
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2 Answers | Asked in Real Estate Law for Florida on
Q: Is sale agreement for real estate invalid after no response after more than 90 days?

My dad owns a lot in Ocala FL and was sent an unsolicited offer to buy from a firm. He reluctantly agreed to a ridiculously low offer but haven't heard anything in months. Since it's been so long, we consider it no longer valid even though there's no sell by date, and instead would... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Nov 16, 2020

What you signed needs to be reviewed before any comment can be made on what you might want to do. See an attorney to determine if the offer is outstanding, if there was a meeting of the minds and if there was any consideration - all essential elements to a contract.

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3 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: neighbor put up fence on his property and wants half the cost for fence line that faces my property. Am I responsible

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Richard Paul Zaretsky
Richard Paul Zaretsky answered on Nov 8, 2020

From your statement, it does not appear there is a meeting of the minds on you paying for any part of the fence that your neighbor put up.

Although a good neighbor policy might be to pay for a portion of the fence, there is nothing legally obligating you to pay for it, based on your facts...
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1 Answer | Asked in Real Estate Law for Florida on
Q: Is eviction needed if the person living in the house is not the previous owner or tenant?

I recently brought a property from county foreclosure auction and just got the title. There is someone currently living there that's not the previous owner or a tenant. I normally go through the writ of possession with my attorney but in this case do I even need a writ???

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Oct 10, 2020

simple answer is YES.

Fortunately you are granted the right to a Writ in the final judgment. Otherwise you would have to have filed a separate lawsuit for ejectment, eviction or unlawful possession.

1 Answer | Asked in Consumer Law, Contracts and Appeals / Appellate Law for Florida on
Q: Am I able to obtain a repossessed car that I use 100% of the time even though I am not on the title?

My father is the one who bought the car, he is now in Venezuela. I am living here in the US. We have the money that is due, however because I am not on the title or contract they will not allow me to pick up the car. My father has no way of being here to pick up the car himself. Is it a lost cause?

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Oct 8, 2020

Speak to the party holding the car about obtaining an affidavit from your father that gives you authority to retrieve the car for him. You can do this without consulate. Use instead a remote Virginia online Notary.

2 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: Do I qualify for 1st time homebuyer if I wanted to purchase a 2nd property although I live in my bankrupted home?

My bankruptcy was discharged 9 yrs ago & I did not reaffirm my mortgage. I continue to live in the home and made all pmts timely w/APR 4.625%. My credit is in the mid-700s but lacking variety due to no mortgage debt. Although the obligation was removed, I missed the opportunity to demonstrate... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Sep 20, 2020

Is this the first house you are buying? Sounds like it is not. Therefore you are not buying a first home.

If you want to keep this home, that still has a mortgage on it, then refinance the mortgage at today's low interest rates.

Lastly, I don't understand the last...
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1 Answer | Asked in Real Estate Law for Florida on
Q: i went through a bankrupcy and my home equity line of credit was discharged. do they still have a lien on my property ?

If I stop paying on the line of credit because its been discharged, can the keep accruing interest and late charges

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Sep 18, 2020

It depends on they type of bankruptcy you went through and what the plan included. If it was a Chapter 7, then the liability to you was discharged but the lien remains on the property. If you don't pay, there will be a foreclosure. The difference is if the judgment is greater than the sale... Read more »

3 Answers | Asked in Contracts for Florida on
Q: if a home appraises too low and the bank refuses to finance, and there is a financing contingency, does buyer get es

Seller is a realtor holding escrow hostage in an attempt to get us to be her client after refusing to negotiate sales price after low appraisal ($20,000 too low). First said she would return the money, now claims we are not entitled to it.

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Aug 27, 2020

Depending on the contract, you may be able to get the funds returned if the requirements in the loan commitment are not satisfied as they relate to the property. The appraisal falls in that basket of requirements to be satisifed.

But as I said - it depends on what the contract says, and...
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