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Questions Answered by Richard Paul Zaretsky
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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2 Answers | Asked in Real Estate Law for Florida on
Q: My father and my aunt passed away and they had a house. What do I need to do to get it in my name
Richard Paul Zaretsky
Richard Paul Zaretsky answered on Aug 6, 2020

As stated by others, you need an attorney that can handle the probate of the two estates. The problem is to get the property transferred to whomever it is supposed to go to - whether by Last Will or by Statute (or possibly by the way the deed is written or any trust owning the property), you will... Read more »

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2 Answers | Asked in Real Estate Law and Civil Rights for Florida on
Q: can a condo association ban a person from own unit for not wearing a mask
Richard Paul Zaretsky
Richard Paul Zaretsky answered on Aug 3, 2020

Interesting you say this is Civil Rights. I am not sure what civil right you refer to. There is no civil right to put your neighbor in harm's way. "Do unto your neighbor as you would do unto yourself." Does that sound familiar?

So with that in mind, the Association most...
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2 Answers | Asked in Contracts and Animal / Dog Law for Florida on
Q: If I adopt a pet from a pet rescue, does said paid belong to me or am I just 'renting' it from the agency?

I recently got a cat from a pet rescue. When adopting the cat I had to fill out a lengthy adoption contract. A few parts concerned me and I was hoping someone could provide clarification.

"1: I understand that I am not PURCHASING a pet but ADOPTING and SAVING THE LIFE of a homeless... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Jul 5, 2020

The answer is simple and you wrote it in your question.

I understand the adoption fee is a donation and is non-refundable for ANY reason other than a vet's written confirmation of the pet being terminally ill within 7 days of this adoption.

So you did not "pay"...
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1 Answer | Asked in Real Estate Law for Florida on
Q: This relates to a real estate contract, we are the buyers. The purchase and sale agreements lists the washer and dryer

We did the walk thru yesterday to discover the seller had removed the two items. Have the sellers defaulted on the agreement and do we have the right to cancel and get our deposit back?

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Jun 2, 2020

The inclusion of the washer and dryer are material to the contract. Therefore if the washer and dryer were removed, you don't have to close as the seller has breached the contract. You can set the condition of closing to be that the same or better washer and dryer are replaced and put in the... Read more »

3 Answers | Asked in Real Estate Law for Florida on
Q: What do I need to do to purchase vacant lot behind us. Owner has agreed to price. What do we do next?

she wants us to handle it all and I do not really know where to start. I have been told I do not need a lawyer or realtor, please advise.

Richard Paul Zaretsky
Richard Paul Zaretsky answered on May 29, 2020

True, you don't need a realtor - and that is because you already have a buyer and seller agreeable to the transaction. But you absolutely should have an attorney to draw up the contract and the closing documents and perhaps supply you with title insurance, if appropriate, or a title search to... Read more »

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