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Questions Answered by Richard Paul Zaretsky
2 Answers | Asked in Real Estate Law for Florida on
Q: I finished paying for my house and the person I bought it from refuses to sign over the Deed. How can I get the Deed?

They say I didn't pay all of it but there is a contract and I have proof of payments made.

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

This sounds like you had an installment sales contract or a contract for deed. The failure of the owning party to transfer the asset will require a beach of contract action against them. There possibly may be attorney fee repayment as part of this action.

You need to get an attorney and...
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1 Answer | Asked in Real Estate Law for Florida on
Q: ABCD is a property owned as a joint tenancy. Owner A conveys his part to Owner B. A no longer owns anything

My question is this: What percentage of the property does B now own? WHat percentage does C now own, and what percentage does D now own?

Second part, and most important part of the question is this:

Is the property now held as a tenancy in common or a joint tenancy? Or could it be... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Mar 28, 2017

Second question first - the transfer changed the property ownership to tenants in common.

First question second - each party now has one-third unless there is contrary wording specifically changing that.

Here is a portion of the Title Note published by The Fund, a statewide...
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1 Answer | Asked in Real Estate Law for Florida on
Q: I was joint tenants with my dad and 2 siblings(4 owners) on a house. My dad gave me his ownership interest.

How exactly is the ownership of the property now structured? Can I get a document that states this, and do I need one? Previous deeds stated the joint tenancy. This last one does not. My understanding is that I now own 50% of the property; 25 % as tenants in common, and 25% as JTWRS.

I am... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Mar 28, 2017

You need a mortgage broker that understands the law - good luck on that.

A real estate attorney could write an attorney opinion and the mortgage broker should be able to accept that.

2 Answers | Asked in Real Estate Law for Florida on
Q: Have realtor as listing agent, refused to do open house. We did ourselves. 2 buyers/offers have come through.

Are we responsible to pay a "buying Agent" commission? The buyers are not represented by agent and drawing up contracts with lawyers.

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Mar 27, 2017

Since you have a listing agent you are obligated to pay the listing agent a commission as set forth in the Exclusive Listing Agreement you signed. If no real estate agent brought in the buyer, then the amount of the commission to your broker is set forth in the Exclusive Listing Agreement. If... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: I stopped by my rental property today with a letter. I did not call since I have not received an updated phone number.

I spoke to him around the beginning of February and told him we where not renewing the lease. And decided to write a letter showing written notice. The tenant was very rude when I knocked on the door. He asked what the letter was for I told him it was a written notice that we where not renewing... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Mar 20, 2017

You have to look at this from the tenant's point of view. That view is essentially you control them and they don't like it. But that is the contract between you and the tenant - the Lease.

Once the lease is over IF you allow them to stay in the unit they become holdover tenants...
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1 Answer | Asked in Contracts for California on
Q: Hi,I hired a land Survayor in California and agreed on the price he sent me a contract signed by him, af

After reviewing the contract I added and modified some of the items and signed it and emailed it back to him. He asked for deposit and I paid. The Survayor never initialed the modified item and never sent it back to me for initial. Is this contract valid.

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

Repost this saying your location is California so California attorneys see the question.

2 Answers | Asked in Real Estate Law for Florida on
Q: can the same law firm representing a bank in the forclosure also represent the acquiring LLC in a forclosure auction?

basically the law firm representing the bank of New York Mellion that foreclosed on my house also represents the company Offerpad LLC that purchased my house. Is this legal? Seems like insider trading? Bank refused to work with me and now I have been served a 30 day notice to vacate. I am a... View More

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

Typically there will not be a conflict in such representation. And if there was a conflict it would be either the lender or the buyer that could raise it - not the borrower.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: My landlord continuously harasses me for the rent before it is considered late. How do I handle this?

My rent is due on 15th of the month, with a 5 day grace period. A week prior to the rent being due, the landlord starts texting, calling and leaving threatening voicemails when I don't respond fast enough. She has even come to my home and taped eviction notices on the door. I have sent her... View More

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

It sounds like she is interfering with your​ right to quiet enjoyment of the property, and by doing so has continuously been breaching the lease. A warning letter to her could be the solution, and set her uo for some you can do thst yourself to document her conduct snd

2 Answers | Asked in Banking, Contracts, Real Estate Law and Arbitration / Mediation Law for Florida on
Q: Seller refuses to release earnest money deposit. Wants to split the 5k. I think is unfair. I offered 1k but wants half.

I have a standard FL Real Estate contract that was executed on 12/06 . Closing date was 1/19 but due to some delays by the condo assc. providing some updated docs and by lender. I had to ask seller for extensions. Seller was at all time informed and in contact with lenders as well. Last ext.... View More

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

Your scenario started out sounding pretty good, but the 2nd mortgage could be your downfall.

There is caselaw in Florida that says the terms of the contract cannot be unilaterally changed. You cannot even go from mortgage to cash without the seller approving the change.

A real...
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2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: Real estate agent:email hacked, hacker sends incorrect wiring information the morning of the closing before I can call.

Am I at fault? Florida agent.

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

You are definitely on the short end of the wrong stick - See this link for an article I wrote exactly on this situation - where your email was infiltrated with a malware that took control of your email. See this link: YOUR EMAIL IS BEING WATCHED = YOUR CLIENTS VICTIMIZED : THE HACK STORY -... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: I bought vacant land in CO. The land is 50% sellers and 50% his deceased fathers. How do I get the land 100% in my name?

The Colorado land was deeded to the seller's father and mother. His mother then used a warranty deed which states she is the sole owner to deed it to her son. The county has information online that states the land is 50% the son's and 50% the deceased father's. I hope the vesting... View More

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

You need to repost this question on the Colorado Justica board. To do so change your location to Colorado.

1 Answer | Asked in Probate for Florida on
Q: how can I put my fathers property in my name after he die and didn't leave a will. The property is in a non profit

but the account hasn't been active since my father died back in 2013. The taxes haven't been paid in 2 years. I need advice about how to put the property In my name and sell it.

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Mar 13, 2017

There just is not enough information in your question as to what the situation is with this property. Apparently your father did not own the property if it is in a not for profit entity. That entity may be able to sell the property, but if it is in a not for profit, it cannot be dealt with as a... View More

1 Answer | Asked in Banking and Business Law for Florida on
Q: What are the retirement plan options for single member LLCs taxed as S corp?

What are the retirement plan options for single member LLCs with elected S status? Are there any plans where you can contribute dividend distributions? Couldn't find any information for this situation specifically.

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

This question is best addressed by an investment advisor - not an attorney.

Speak to a Certified Public Accountant or an investment advisor associated with an investment company (Morgan Stanley, JP Morgan, etc).

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Contracts for Florida on
Q: Foreclosure fraudulent, filed motion for final summary judgement in contested case. Debt not valid.

Documents altered, hearing date presented through legal process inaccurate in an attempt to prevent my presence at hearing. Acknowledged by mortgage holder in response to complaint submitted to CFPB. Records show misappropriation of additional principle payments. Nonprofit disposed of large sum... View More

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

You raise many statements but no questions.

If you believe the debt is not valid, you need to get an attorney immediately to review the matter and determine if you have any defenses, what they are and then you can determine what you are going to do about it.

It appears from the...
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1 Answer | Asked in Real Estate Law for Florida on
Q: If I'm a co-owner of a property such as a church, can I sign for another property ( a house) without any complications?

Or do I have to remove my name from the first property in order to sign for the house?

A few year ago I helped with the buying of our church building, but the person in charge said that my name would be removed after 2 years or so. Two years have passed and my name has not been removed.

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

It would seem you have two issues.

The first is that two years have past and your name is still "on" the churchlike property. Do you have anything in writing regarding the two years? Supposing you don't you will need to see what you signed and what term it may have. I...
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2 Answers | Asked in Contracts and Personal Injury for Florida on
Q: Does my new business need customers sign liability waivers, or can we have a checkbox during purchase waiving liability

We are starting an escape game business in Florida and almost every competitor makes their patrons sign Liability Waivers. The business is not dangerous. Short of someone tripping or slamming a finger in a door, there isn't anything more dangerous than a minigolf course, and I've never... View More

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

An assumption of risk, or liability waiver, along with a notice of what could go wrong on the premises is an excellent idea. I know one of my family members won't do the room escape because of claustrophobia. That would be one of the disclosures perhaps that should be made. And panic and... View More

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2 Answers | Asked in Contracts and Business Law for Florida on
Q: Can someone please review an agreement for my small business?

I am a small business owner. Travel agency would like to use my brand, personality to host tours to Cuba. We need help with review the agreement between the two parties.

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

Contact a business attorney limely in Miami since you seem to be there.

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2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Condo put a lien for assessments. In fact, I live oversees. Can they somehow serve me for foreclosure?
Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Mar 7, 2017

Actually they don't have to serve you personally to foreclose on the unit. Personal service is only necessary if they want to get a money judgement against you.

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2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: My ex wife and I have property in Puerto Rico and live in Florida, can I use a quick claim form to transfer the property
Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Mar 6, 2017

Yes. But the form of quit claim deed and method of execution should be done according to Puerto Rican law. Puerto Rico may accept the Florida method of execution of a deed, but you need someone to research thst issue or ask counsel in Puerto Rico.

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2 Answers | Asked in Real Estate Law for Florida on
Q: I am a home owner in Aventura FL. Is my neighborhood allowed to limit how often I have a guest over? "Parking in guest"

Hello, i am a home owner in Aventura FL. My neighborhood is gated and 5/7 nights a week my girlfriend spends the night. She gets a parking pass and parks in guest for the night and leaves the next day for work. Anyway, recently the gate stopped giving her passes because they said she was no longer... View More

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

There very well may be a rule about what constitutes a resident and what qualifies as a guest.

Typically if there is a rule on guests, it limits a guest to a certain number of "stays" per month or some other period.

If there is no such rule, then the action of the...
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