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Questions Answered by Richard Paul Zaretsky
2 Answers | Asked in Real Estate Law for Florida on
Q: Can I hold the sellers realtor responsible to reimburse expenses to buy a home that went to auction?

The contract was signed by both parties, appraisal, inspection and the down payment were all paid for. The seller delayed closing and the property was foreclosed on and sold at auction 2 days before our second closing date.

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

I will assume the seller's tried to delay the sale by foreclosure. That being the case, what control did the seller's realtor have to delay the sale by foreclosure. In addition - since you did not employ the seller's realtor what duty did the seller's realtor have to you?... View More

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2 Answers | Asked in Real Estate Law and Small Claims for Florida on
Q: My wife and I bought a house a few months ago, and the owner left some things there. How long before I can claim it?

It was one piece of furniture, two paintings, and a few small odds and ends.

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

Unless there was some agreement on you storing the items, they were abandoned by the previous owner.

Do with it as you please.

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2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Florida on
Q: A seller sells his property using his survey. His survey is 5 months old. It is certified only to himself and not the

title company. The title company deletes the standard exceptions and in lieu of complying with fs627.7842 has the seller sign a seller's survey affidavit where by the seller indemnifies the title company for using his survey and the seller accepts liability for damages resulting from the... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on May 16, 2017

The landowner has no claim for the value of the improvements.

The title insurance insures only title as the title was at the time of the issuance of the policy. Future acts by the owner are not covered. Also it only insures the title to the property and improvements on the property. An...
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2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: I signed a lease 5 days before they changed mangement and the new management will not honor the lease or deposit.

The previous management was stealing the money and not paying the owners. I have a key and everything. Now the new management company wants me to repay the deposit the i gave already. And they are telling me i have to redo the lease. I signed the lease and gave the deposit on May 3 but corrections... View More

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

You provided just too little information.

Your situation could be that the "manager" was in fact an unauthorized person stealing the rent for property he had no legal ability to rent. Or it could be the owner and the old manager had a falling out and parted ways.

The...
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2 Answers | Asked in Real Estate Law for Florida on
Q: If a piece of property that their is no heir the taxes hasn't been paid in 3 years and a squatter that has put the prope

In a 19000 dollars for code violations and leins on it can I pay the back taxes and a quick claim and eviction notice on the squatter

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

You need to provide some information.

Who owns the property?

How did the squatter come into possession?

What is your relationship to the property?

What are the code violations for?

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4 Answers | Asked in Divorce, Real Estate Law, Tax Law and Probate for Florida on
Q: Is my ex husband's property mine if I'm still on the deed/title and he's passed away?

My ex husband has no will. Before marriage he had property, he put my name on the deed after marriage, we are divorced and my name is still on property deed, can I claim it even though we have been divorced for 7 years and no children? Even if someone else has paid the taxes? In Pasco county... View More

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

There are some questions that need to be asked.

But generally, when you got divorced all real estate that you owned together as tenants by the entirety (husband and wife) became owned by you and him as tenants in common. The difference is that in the former you and he each owned 100%...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I have an oral lease with a tenant I'm subletting to for month to month. He did not pay April rent, I want to terminate?

I am primary on the lease, with my father as well. Tenant did not pay April as per terms of verbal agreement. Agreement was oral, not paper, receipt from 3/1/17 move in indicates receipt of payment for the rental of a room for the month of March 2017. Verbal agreement included that rent was due on... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Apr 22, 2017

You can seek the help of an attorney or you can use the "self-help" material supplied by the clerk.

The notice for him to move out for non-payment of rent is 3 days to pay the rent or you then can file for eviction.

Alternatively, assuming that rent is due on the first,...
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3 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: How should we take title to a home so that it's completely separate from all other assets in my boyfriends estate?

My boyfriend and I are entering into a mortgage loan together and we will both be on title. He has other assets/homes he wishes to keep separate from this transaction because in the event of his death...he wants all other assets to go to his surviving children. Is there a way to structure this so... View More

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

How you take title is going to be irrelevant for the purpose of preventing your boyfriend from having the new debt he is entering into not affect his other properties.

This requires an overall protection plan - but simply realizing that if he personally signs a promissory note and he has...
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2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: Can a seller decide not to sell and cancel a fully execute contract, taking home off the market?

The contract price being below the original asking price.

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Apr 17, 2017

The short answer is no. A written contract with all the essential elements included and for which consideration is given (like a deposit, although there is case law that says no monetary consideration need be paid for the contract to be effective), and that includes who, what, where, when and how... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: Is there a Florida law that requires Developers build new homes within a period of 2 yrs from the date of the contract?

We are in the process of buying a new home in Bonita Springs, FL. In the Agreement of Sales it is stated that "Seller agrees to complete the construction of the property within a period of 2 years from the date this agreement is signed by buyer". However, we were promised that the home... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Apr 17, 2017

There is a two year rule - but it says that the house must be completed within two years - not longer. If you want a contract to day delivery will be in 7 months then there is no legal reason why this cannot be put in the contract.

The specific law is the Federal Interstate Land Sales Act.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I have a tenant that is vacating the house at the end of the month. In the lease it states if we are listing for sale

or rent they need to give us access to show. they are refusing to let anyone in the home. What legal ground do I have to enter the home.

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Apr 16, 2017

Unfortunately, for non-emergency entries this is deemed a breach of contract that needs to be enforced in court. Perhaps a threatening letter from an attorney may work and you may be able to charge them the legal fees for that if it is so provided in your lease. But these tenants figure you... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: how do i find the 3 lawyers that answered my question

about my 85 year old in fl where sis got my mom unknowing sign a deed that added my sisters name to deed

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

you should be able to see the details of the attorney on this site. Otherwise go to www.flabar.org and use the Find An Attorney button and just put in the attorney's name.

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can a rental agency withhold a security deposit if the renter wants to cancel the contract 10 months in advance ?
Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Apr 13, 2017

The security deposit on a residential lease per statute is not rent or to be used as rent. Commercial rules would look to the lease.

So cancellation in advance should not include the security deposit as being lost unless the lease specifically addresses this issue.

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1 Answer | Asked in Real Estate Law for Florida on
Q: My mom 85 years signed for my sister to be on deed in 2016.She lives in pine hills orlando fl.She is needy and my mom

was worried about her as she cannot manage her affairs.My sis took my mom to lawyers to supposedly have her name on legal document for the house to be given to sister on my moms death. My sister then wrecked my moms car and my mom was without transportation. After months of being house bound and... View More

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

You can research online in the official records of the county where the property is located to determine if your mother does not have the ability to transfer the property.

Once you determine that, you should see an attorney (the attorney can do the search for you in about 3 minutes) who can...
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1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: can i get evicted after 3 years of living in a place without missing a payment ?

Can I get evicted due to having my fiance live with me without being on my lease. We have 3 small children together, and he has a criminal record is been over 10 years of his last arrest, i am the only one on the lease and now they want us out after 3 years of living there. Is that even legal to do?

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

You don't say who is evicting you - the landlord or the association (if there is one).

You need to look at your written lease agreement. I assume it has you and your children allowed as occupants and your fiance is not listed as an occupant. Since he apparently is not a guest there...
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2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: If a Florida sales contract has four owners/sellers, do all four have to sign a cancellation if a verbal cancel is made?

This is involving a real estate purchase.

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

Absolutely. No release of the deposit can be made until all the parties to the contract agree - in writing.

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2 Answers | Asked in Real Estate Law for Florida on
Q: My HOA just sent me a letter threatening to place a lien on my property because of past due fees. Attny. has 2 ledger

Attorney has two ledgers on what I owe. The new one has been changed. old late fees have been upgraded and an 18 percent interest rate has been charged back to 2013

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

Mr. Williamson gives good advice.

The issue is not that they have two ledgers - the fact is that they are entitled to what they are entitled. If they are entitled to the maximum interest allowed by law, then the fact that they may have billed you for less in the past does not stop them...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: New neighbors smoke marijuana and I can smell it in my apartment what are my rights?

My new neighbors smoke weed in their apartment. The smell is coming into our apartment from thr floor board in all the rooms that share a wall. I've contacted the landlord but they haven't don't anything. It is making our furniture smell and any clothes I leave near the wall smell. I... View More

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

Possessing marijuana is illegal in Florida. If you smell it being smoked, call the police and they will confirm the smell and then deal with the illegal activity next door. Your landlord could do something if he had proof of its use or storage in the apartment, and chose to do something about it... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: How soon may I sell purchased real estate in Florida? We closed in 11/2016 and now 04/2017 we need to relocate.

This is our primary residence but we need to relocate for personal and employment reasons. Are we bound by any Florida laws or will we face any penalties for selling so soon? Is there a specific waiting period before we can place the home on the market? It is new construction in a deed restricted... View More

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

Interesting question. There are no Florida laws restricting your sale of the house.

However if you had purchased a short sale for your current residence, typically there is a restriction involved in the purchase paperwork that could be a 30 to 90 day no transfer restriction. You are...
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1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: May FL homestead exemption be kept while away in college in another state?

I intend to return to my FL home upon completion of degree which may take more than 2 years. My license remains in FL, my voter registration in FL, and currently my car registration (though that will most likely change). Currently have immediate family residing in home, but I am still paying the... View More

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

Provided you have not taken up a primary residence elsewhere and you are not renting out your Florida homestead, it should retain its homestead status while you are in college.

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