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Questions Answered by Richard Paul Zaretsky
2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: We are renting a condo. Just renewed the lease but there are several issues

Roof leaking inside and on our porch, mold, front door rusted and door stop not on which we have to out a towel under when we are home and this has caused our power bill to sky rocket. How long after being reported does our landlord have to fix these issues? The door has been an issue for almost 4... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Aug 21, 2017

The question is whether or not the landlord has the obligation to make these repairs. You need to look at your lease and any written agreements to make the repairs - or who is responsible for these things.

The problem is that there are no statutory obligations to do most of the things you...
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3 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: Is the LISTING AGREEMENT or the MLS LISTING valid from a legal perspective ?

Hi

lets say a residential sale Listing Agreement, signed by all parties (=executed) expires on Sept 1st.....but the agent forgot to remove its MLS listing on sept 1st and it stays on the MLS until oct 1st

in the occasion of a legal claim or contract enforcement, is the listing... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Aug 19, 2017

The listing agreement is the contract -

The MLS is a system and agreement between your agent and the multiple listing service of the local board of realtors. If the listing is up after your agreement is expired, it is a violation of the local board's MLS service and that is between...
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3 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: Seller and I signed contract for agree price. Later told will need to be higher because a cash buyer will buy it unless.

Do I have to pay the new asking price, is the original price still valid?

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Aug 18, 2017

If you have a contract that has the essential elements of a meeting of the minds (who, what, when, where, and how much) then the contract cannot be changed without both of you signing.

If the seller thinks he can modify the contract or sell to someone else and ignore your contract - you...
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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can an apt complex refuse to renew Lease on my apt because they want to renovate it and charge way more?

The complex was sold a few years ago and under new terrible management. They did offer me another apt at my expense but it's 300 more a month and my old one will be after Reno. Moved here to get my kid through school till college. Never anticipated this move. Single parent here stressed all... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Aug 12, 2017

You are renting your apartment pursuant to a contract. The contract has a termination date apparently (as all contracts do) and that date is approaching. You have been advised by the other party to the contract that they have other plans for the apartment they rent to you (notice I did not say,... View More

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3 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: Florida Real Estate Law. I am looking to purchase an abandond home through paying of back taxes. What is the process?

Home is not on open market. It has 4yrs of back taxes owed to county. Home looks to be paid off otherwise. I do know there are county fines on property as well. How do I pay and take ownership of home if possible?

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Aug 11, 2017

There are two ways:

1. Bid on the property at the Tax Deed Sale; or

2. Satisfy the requirements for Adverse Possession.

This is complicated either way you go (more complicated for #2). And there is no guarantee that you will be the winning bidder at the tax deed sale, or...
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1 Answer | Asked in Real Estate Law for Florida on
Q: A buyer went through a loan company instead of a bank to buy property. I received

a copy of the Settlement Statement HUD 1, but not a copy of what the, Line 501 "excess deposits (see instructions) were; in other words how the money was dispursed. The buyer's loan officer stated it would violate the buyers privacy, or HIPPA law. Is this correct? I feel i have as much... View More

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

Well the loan officer got it partially correct. It does violate the privacy rules enacted by TRID, which is a conglomeration of laws regarding residential loan closings enacted over the past 5 years. HIPPA is to do with health services. so on that part he was wrong.

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: What can I do if I do not agree with terms of new lease in orange park florida. multi unconscionable terms

been leasing duplex x 5 yrs. in 2012 was notified of owner filing chapter 11 bankruptcy. Received information in the past for as status of case, have not been notified of status. Now i have received a new lease that has multiple clauses that I do not agree with and are unconscionable, basic... View More

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

One more thing that Mr. Williamson did not mention. If you don't like the lease, then move to someplace that gives you a lease agreement more to your liking. The landlord has no obligation to continue to lease the duplex to you and you have no obligation to continue your tenancy once the... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: I have a HELOC loan expiring. I just became unemployed.

I have a 10 year HELOC expiring in a few days and I became unemployed 11 days before my scheduled meeting with another bank to refinance. Because it is a HELOC the state has no service to help me. My credit has been perfect my entire life. Is there anything I can do other than continue to scramble... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Jul 30, 2017

This is not really a legal issue.

But here is some advice based on observations.

There are some lenders that rely more on assets than income. Ask around to see if this type of program exists - assuming you have perhaps 6 months of liquid assets to service the loan.

Discuss...
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2 Answers | Asked in Real Estate Law for Florida on
Q: House title "husband and wife"

The title to our house in Florida reads "John Doe and Jane Doe, husband and wife". Although the deed does not specifically say "Joint Tenants with Right of Survivorship" or "Tenancy by the Entirety", am I correct that the term "husband and wife" after our... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Jul 23, 2017

Yes. The language creates a tenancy by the entirety in Florida, so the survivor is the owner of the property upon the recording of a death certificate of the non-surviving spouse.

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1 Answer | Asked in Real Estate Law for Florida on
Q: If MLS says hurricane shutters, but home inspection discovered only partially covered

On MLS listing appears "hurricane shutters", on Zillow even says "full hurricane shutters". Now , after home inspection, found out that not all house has shutters, hence no homeowner insurance discount. That is putting me at plus $500.00 per year more to pay?.

Can I ask... View More

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

Good question and a simple answer.

If (big IF) you are still in your inspection period, then you can reject the contract by terminating it using the procedure in the property inspection clause. Be aware you must timely and completely follow the termination language in that paragraph....
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: How does the 15-day termination of rental lease notice work in Florida?

I'm renting a house on a month-to-month basis in Florida. Rent is due on the 1st of each month. Section 83.03 of the statute says that a 15-day termination notice must be given 15 days prior to the end any monthly period. So, what does that mean in English? Today's 6/20 and I want to be... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Jun 21, 2017

Mr. Williamson is correct.

You missed the date, which for June was June 15th.

The key here is "when the rent is due".

If the rent is due the 6th of the month, then today the 21st would be 15 days beforehand and notice could be given today.

As it is, you...
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1 Answer | Asked in Real Estate Law for Florida on
Q: I had a foreclosure on a house that had the two mortgages both based on good credit, market went upside down, so we

foreclosed. Property was sold at auction by Citibank, the 1st mortgage holder, then sold on the market. This first mortgage was not forgiven, 2nd mortgage was. i pulled a credit report and now I find the 1st mortgage original outstanding balance on all three credit reports held now by NationStar... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Jun 11, 2017

The Nationstar issue may have to do with the 2nd, not the first, mortgage.

The first mortgage after foreclosure had one year to get a money judgment on any deficiency from the judgment to the value of the home at time of the foreclosure sale.

Maybe the second mortgage was not...
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3 Answers | Asked in Family Law, Real Estate Law, Landlord - Tenant and Probate for Florida on
Q: no rental agreement ,no lease , house is passed down thru will

my friend moved to Florida in the past year . his father died, his mother now owns the house ,when she dies the house by his father's will goes to him. he now has moved in ,all utlities are in his name, there was no verbal or written agreement to payment of rent . now they (his mom and her... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Jun 10, 2017

Based on the generality you give:

Son has no rights to stay in the house.

And when his mother passes away, he may not have rights to it even then, except as a remainderman to his wife's husband's life estate.

A probate attorney will be able to sort this out.

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2 Answers | Asked in Real Estate Law for Florida on
Q: My wife and I recently met with a local real estate developer's representative, in their office and

signed a contract for purchase after it was accepted by the developer's main office. Now, seven days later, I received a call saying that their Senior Vice President did not approve the deal and wants us to pay $7,500 more for the house. They call it an "honest mistake" and want to... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Jun 8, 2017

Likely the contract was signed by you but not the seller and somewhere in there it says that until the seller signs, there is no contract. Your choice thus is to say sorry - you are not adjusting the price, or walk away from the transaction (and get a return of your deposit).

A reading of...
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3 Answers | Asked in Real Estate Law for Florida on
Q: Does the seller of a home have to buy title insurance for a cash sale?

My realtor has stated that it is a Brevard County law that the seller of real estate has to buy title insurance when selling a home. I get the feeling that this is a kick back to the title company, which she must have a sweetheart deal with. I understand I need to buy the title search. This is a... View More

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

There may be common practice but there definitely is not a law. If you have a contract then you need to see the contract terms to see what your obligation may be regarding title insurance. Cash or mortgage should not be the reason to have or not to have title insurance. We see claims on title... View More

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3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Can forclosure judgment take money straight from my bank account

I had a back injury and tried to get my home loan restructured and the bank refused..It was a predatory loan with HSBC..I let my home go into forclosure and got a judgement against me..It has been 4 years and they havent tried to collect and theres no collections on my credit report..I am getting... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Jun 2, 2017

If they got a foreclosure judgment and the house was sold at auction and it has now been 4 years later, the lender cannot pursue you for the unpaid balance of the mortgage. This unpaid balance is called a deficiency and a "deficiency judgment" is need to be gotten from the court. The... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: my wife and I were working with a realtor. 90% of the communication was with the realtor and me,

While looking she found a house she wanted but not a dime to buy or the credit to qualify. My last conversation with her was why would we give you $240,000.00 when all we had was $325,000.00

for a home that cost exactly that. We also have our home listed for sale that we now live in.... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on May 30, 2017

I wish I could tell you this is an interesting issue - but your explanation needs an explanation. In other words, can you set forth what the problem is? Your issue is totally unclear and it "reads" more like a problem between your wife and yourself on what route to take more than anything else.

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3 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Month to month lease end in Florida

I pay my rent every month on 15th. My month to month agreement asks that termination notice be given 30 days prior.

On 4/20 I gave my notification to my landlord that I will move out on 5/27.

My landlord requires me to pay until 6/14 since I did not give notice 30 days prior to... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on May 29, 2017

Your landlord sounds to be correct. If your rent is due on the 15th then you had to give notice on 4/15 that you were moving out on the 14th of May. The date the rent is due is the key - not the date you are moving out as there is no provision for proration of rent on move-out (although there... View More

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Do we have a case? No hot water or electricity. Police instructed All tenant's to leave immediately for sa

fety. Rent is paid in full. Owner gave a 3 day notice today 5/28 to vacate by 5/30 before shutting the whole building down. They have a hotel license. Missed work and sleeping in my car.

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on May 29, 2017

We all agree on this. And I would note that a 3 day notice on Sunday the 28th with Monday a holiday means the first day of the 3 days is Tuesday the 30th and the third day is June 1. Also, if you paid your rent, then what is the 3 day notice for?

And why is the electricity and water off?...
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2 Answers | Asked in Real Estate Law for Florida on
Q: Is there a Florida law that requires a realtor to charge a buyer for maintaining his/her closing documents?

It is my understanding the buyer is the one who maintains his/her closing documents after closing. Beside the commission they are receiving, they want to charge $495 to the buyer, as they have indicated it is required by Florida Law.

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on May 21, 2017

You are correct.

The charge you are getting is likely related to the agreement you signed with the realtor when you hired him/her. If there was no agreement with the fee noted (usually a "transaction fee"), there should be no charge.

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