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3 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: Im thinking about buying my Parents home in a private sale.They would reside in it, pay rent, utilities.

I live in Philadelphia, pa. Is this okay legally? They are Retired fixed income, I want to help. Help!

Thanks, Sharon

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Dec 3, 2017

As stated - this is completely fine. However there may be better alternatives, such as a reverse mortgage.

If you are paying cash it is simple - but not so simple if you are going to be paying for the house in installments (with a mortgage). You need an attorney to help you sort the...
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2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I purchased a NEW built Florida home in 2002. I just found out the roofing on this home was not installed properly.

Because of the improper installation the roofing, water is going under the roofing, and now has damage the fascia boards, roof sheeting ,etc.

Who is responsible for the cost of repair/replace

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Nov 26, 2017

If it is an improper install, then the roofer who installed it is liable.

It is NOT the seller of the house nor the inspector (well maybe the inspector but they usually have limits on their liability in your contract).

Your issue however is that you are 15 years into the roof. This...
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1 Answer | Asked in Real Estate Law for Florida on
Q: Disclosure Laws Inquiry

I’d planned to continue to live in the home I’ve owned for 20 years, for another 5-10 years and then sell. 8 weeks ago a person purchased the home next door and acts as if the property is a nightclub, blasting their outdoor stereo into early morning hours. The police have been contacted... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Nov 24, 2017

If it is indeed a nuisance, then the police and town will stop it. If it is an annoyance, then you don't have to disclose it, since an annoyance is akin to you just not liking your neighbors, or the color of the house across the street.

2 Answers | Asked in Real Estate Law for Florida on
Q: Do I get half the money?

My mother and I are co trustees in a irrevocable trust. She doesn't want to give me half the money if she sells it. She recently moved out and bought a new home. Now she rents our home.

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Nov 15, 2017

You have no legal rights to the funds in the trust except as a trustee for the beneficiary. If you are not a beneficiary, then you have no right to the monies. Being a trustee gives no personal right to the money to the trustee. Also you need to see the terms of the trust, which may likely... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: Is there a provision to force the sale of house I am co-owner of in Florida?

There are five of us on the deed left by my father who passed in SEP. We are unable to agree on a buyout and I cannot wait until my step brother decides the time is right. Help please!

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Nov 6, 2017

You are faced with the classic example of the need for a remedy that is in Florida Statutes (the law set by the Legislature). It is called a Partition Action and essentially, any owner can go to court and as the court to cause a property owned by the owner and others to be sold either at private... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: in Florida can a new buyer of property file an adverse possesion claim based on decades of use by former owners?

property has a small strip of land between the access road and its border that is owned by property across the road. former owners have not realized the situation for decades and used it as if they owned it to access the property. Can I as a new buyer use this long history to file AP?

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Nov 5, 2017

Probably not. The adverse possession statute requires continuous and notorious use (which would likely by exclusive use, otherwise it may be considered an easement) AND payment of the real estate taxes for 7 years, AND the filing (to start the 7 year clock) of a "RETURN" - which is a... View More

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2 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: If we refuse to sign an extension on closing, does that effectively end the contract?

Closing was supposed to be this Friday, but, buyer wants us to sign an extension. We don't feel comfortable with the buyers...this is a owner finance, as-is deal written out on a florida real estate contract.

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Oct 26, 2017

Typically the contract terms will govern whether or not there is to be an extension. Most form contracts provide for reasons for delaying closing without the need for a written extension.

I understand this is a FSBO - but that does not mean you should proceed without an attorney. Find one...
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1 Answer | Asked in Family Law and Real Estate Law for Florida on
Q: what can i do to make my ex wife sign a correct quit claim deed?

in 2011 i divorced my now ex wife via simplified disaloution of marriage in the state of florida. in that divorce i got the house. she wouldnt sign the quit claim until 2013 for that house but the title company that sent the quit claim sent the wrong one, the one for michigan which isnt... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Oct 15, 2017

You can sue her on the contract you have with her (the divorce) as her providing you an effective deed is the same as not providing one at all.

There may be other ways to get her to sign, but none are binding and it would create a voluntary act, which she apparently is not interested in...
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2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: is there a monetary penalty for breaking a lease if it is not specified in the lease? ie the remaining balance?

or percentage of remaining balance?

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Oct 5, 2017

Typically the penalty is called the damages. The damages in breaking a lease by a tenant is the balance of the agreed upon rent, less the amount of income derived from the actual re-delivery of the premises to the landlord, plus any damage to the premises. Typically the damages also include the... View More

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can I be evicted if I pay my rent and new owners just want too renovate my apt? I don't have lease month to month

I've been living there 2 years, And been recently told they will start eviction if don't move out. What are my rights ? I don't want too hurt my credit.

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Oct 3, 2017

Your rights are contained mostly in your lease. My guess is that what you are saying is your lease is month to month.

A month to month lease allows either landlord or tenant to terminate the tenancy by giving 15 days notice before the next rent payment is due. So if you got a written...
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1 Answer | Asked in Contracts and Employment Law for Florida on
Q: Looking for a job using several search engines, I was offered a position, sight unseen, by a company located in the UK.

Process checks, for them, through my local bank to save them time and money. Base pay is $4,800/month + bonuses. They have sent a contract for me to sign and begin receiving $. I checked and this company really exists. The name is Spearhead Ltd., a provider of healthcare items. Can something,... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Sep 25, 2017

Probably this is a scam - they ask for personal information including checking account numbers (to make deposits) and then you end up with nothing.

1 Answer | Asked in Real Estate Law for Florida on
Q: My fiance & I are closing on a house soon but only her name will be on the mortgage loan.How can I be on the home title
Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Sep 21, 2017

Probably the issue is that the lender is lending the money to your fiance based on finances. Most lenders will allow a spouse or similar to also be on title. In such case, the lender must have all owner parties sign the mortgage - but you would not have to sign the note.

Alternatively,...
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3 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Father died 2008. House went to wife.no will in fl.wife is not my mother. Im his son am i entiled to anything?
Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Sep 27, 2017

You should hire an attorney. If the house was not in your step mother's name (as well as your father's) then she is entitled only to a life estate in the property - with you (and any siblings) being entitled to the home upon her death.

The important aspect of this is that you...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: If we have an extended power outage because of the storm can we get rent prorated for this month it's been 6 days now.
Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Sep 14, 2017

If it is your landlord's fault why you have no power, then maybe. Otherwise if it is because of mother nature, the answer is no.

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2 Answers | Asked in Real Estate Law for Florida on
Q: Is it legal for government to block off parts of the Florida Keys where homeowners cannot get back to assess damages?

Is there a property rights law in Florida that gives information about what the government can and cannot do regarding property rights? Myself and many others own homes and businesses in PARTS of the Florida Keys where it is blocked off, not letting us assess our damages from Hurricane Irma. I know... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Sep 14, 2017

The news is reporting that residents are now being allowed in. However the government does have the right to protect its citizens from harm, and that includes preventing the good and the bad from getting into restricted areas. This is similar to a curfew which aims to protect property as well as... View More

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3 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: are landlords responsible for reimbursing tenants for the days they had to evacuate due to hurricane irma?

There were no damages to property. property was located in mandatory evacuation zone in miami. Tenant was out of property for four days.

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Sep 14, 2017

The landlord is not responsible to what it does not control. There is no right of compensation or rent abatement for a residential lease in this situation.

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3 Answers | Asked in Real Estate Law for Florida on
Q: Left our home Sept 2014. Filed BR 2015 and it was discharged 8/2015. When are we no longer considered the homeowner?

Public records show the bank sold the property in 2016. We want to begin the qualification process for buying another home. We also are hoping to get downpayment assistance. Basically we want to know what date is considered the official date that we are no longer the homeowners.

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Sep 9, 2017

Specifically, the date of the recorded CERTIFICATE OF TITLE from the foreclosure sale of your home is the date you were no longer the owner of that property.

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4 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Fl auction purchase Are you legally permitted to approach in occupation before you have certificate of title
Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Sep 2, 2017

You can contact the person living there to inquire if they are tenants or owners. You cannot interfere with that person or make any offer contrary to the still existing rights of the owner. If it is the owner, you can discuss that you were the purchaser at the foreclosure sale and you can make... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: What are my rights?

Since June I have dealt with contacting code enforcement to have them demand repairs (HAS BEEN GOING ON SINCE WE MOVED IN), my landlord is trying to force me to pay a pet deposit on my ESA pet(FHA SAYS ESA'S ARE EXEMPT), I pay rent weekly (IT IS NOT A WEEK TO WEEK LEASE, THE LEASE STATES... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Aug 26, 2017

Are these new demands or has this been the case since you started the lease?

Also, Since this seems to be a week to week lease, the rules of the landlord could be changed with one week notice. If you don't like the rules, you should make the decision to live with them or move....
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3 Answers | Asked in Real Estate Law for Florida on
Q: I need to file a partition lawsuit. Need reasonable and fast lawyer now.thanks.
Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Aug 22, 2017

The best place to find an attorney is in a local search for attorneys that do this type of work (real estate litigation) in the county in which the property is located - or nearby, as stated in the other answer.

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