Questions Answered by Andy Wayne Williamson

Q: My sister, myself and my mothers ex are on the deed to a house. Do my sis and I own 25% each or 33% each in N.C.

4 Answers | Asked in Real Estate Law for North Carolina on
Answered on Sep 22, 2017

It appears that the property you are referencing is located in North Carolina. Also you reference a deed that gives you your share of ownership.

There is no way to asvise you of your ownershup percentage without first seeing the deed. Second since the property is located in North Carolina you need to get a North Carolina attorney to review the deed and then answer your question.
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Q: Hi I'm unsure if the assignment/subleasing clause in my lease is enforceable?(More detailed question in the description)

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Answered on Sep 22, 2017

Hard to say for certain without first reading the documents. However your thinking that a admin charge is liquidated damages is way off base. The two things are not related. And will not come into play unless a judgment is issued.

Here's another way to view this situation. The landlord owns the property and made a written agreement to rent the same for a stated period. If you as a tenant are disputing the terms of the lease or portions of the terms then you likely become less of a...
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Q: IF IT INDICATES IN MY LEASE THAT THE LAND LORD WILL MAINTAIN THE AIR CONDITIONING. DOES THAT MEAN THAT HE WILL FIX IT.

1 Answer | Asked in Contracts, Land Use & Zoning, Real Estate Law and Landlord - Tenant for Florida on
Answered on Sep 22, 2017

Best answer, since I do not have a copy of the lease to review is maybe.

Based upon the 2 years of asking and likely new or compounded issues from hurricane Irma you are probably at the point to want to seek legal action. If so then you need to consult with a tenant attorney in your area about the specifics of your lease to determine if the lease requires the landlord to fix or replace. To be clear Florida law does not require that a landlord provide AC but if the same was added to the...
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Q: Is FL strict on misclassification labor laws. i.e Employee/Independent Contractor

2 Answers | Asked in Business Law, Contracts, Workers' Compensation and Employment Law for Florida on
Answered on Sep 22, 2017

Your question would depend upon detailed information. You need to consult with an employment law attorney to go over the facts of your case to determine if you have a claim to bring for yourself.

Good luck.
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Q: Can I be evicted from my house?

3 Answers | Asked in Civil Rights and Real Estate Law for Florida on
Answered on Sep 21, 2017

In my opinion, no she cannot evict you as you are not a tenant. If you and she are on the title together she cannot exclude you from the property nor you her. ie: you both have the right to use the property. She can force the home to be sold via a partition action, which may be what is happening.

Hope this helps.
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Q: I sold my property with a trailer on the land. I did a contract up with a down payment and monthly payments.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Answered on Sep 21, 2017

There is no way to give you this type of detailed advice via this online Q&A site. Also no way to give you an opinion about a document that we have not seen.

Best suggestion is for you to consult with a real estate attorney in your area to go over the documents that you have to determine what steps that you need to take.
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Q: pro rated rent. what are my rights?

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Sep 21, 2017

Your landlord is correct, they are not obligated to pro rate your rent. You landlord is also correct that you should seek compensation from FEMA for this situation.

Good luck,
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Q: Late husband had writ of fi fa on a piece of real property in ga as of March 2013. He died in January 2016. What now

1 Answer | Asked in Real Estate Law and Probate for Florida on
Answered on Sep 21, 2017

If the property is located in Georgia, then you need to re ask your question under the Georgia tab. Also the question is a little confusing as well.
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Q: Renting in FL. Got 15 day notice to end month to month lease and be out 10/9. Sept rent paid. Can Oct rent be prorated?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Sep 21, 2017

No way to say what the rental period is without reviewing or knowing the lease period which is not stated in your post. I suggest that you should consult with a tenant attorney in your area to see what your options are.

Good Luck,
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Q: Hello....My name is Estella and I see that your system has a case against a company from 2012 that I am seeking action

1 Answer | Asked in Business Law and Employment Law for Florida on
Answered on Sep 21, 2017

This is an online public question and answer site. You seem to be looking for a particular attorney. This Q&A site does not provide that. You can use this site to search for attorneys but I suggest that adding names to this public site is not a good idea. I suggest that you go and consult with an attorney in your area.

Good luck,
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Q: Roomates left after Hurricane because back door is missing and house was looted. Landlord is demanding rent. What do I?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Sep 21, 2017

Whoever signed the lease is obligated to pay rent or face eviction. The hurricane and its damages and also the looting are not the fault of the landlord.

Otherwise, there is not enough information here to give any other statements.

Good Luck,
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Q: Does the home inspection trump the sellers disclosure?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Sep 21, 2017

If you are being sued, honestly you need to be talking face to face with a lawyer not online with a free Q&A website.

Also, you are being sued based upon documents and are asking an opinion about the documents that are not attached and cannot be attached via this website. You need to hire a real estate attorney from the area (county) where the property is located asap.
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Q: A bank that owns a property in Florida, selling it thru an auction website, and also is listed in the MLS,

1 Answer | Asked in Real Estate Law for Florida on
Answered on Sep 21, 2017

All sellers in Florida must make a sellers disclosure disclosing known defects which materially affect the value of the home.

Your question doesn't seem to give all the details, like did you but this property or you are planning to buy this property.

If you did purchase and discovered these issues post closing you likely have a case. If you did not purchase you have no case.
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Q: Are the Florida Real Estate Laws and Rules the same through out the state of Florida?

2 Answers | Asked in Real Estate Law, Broker Fraud and Business Law for Florida on
Answered on Sep 20, 2017

Yes, the laws of Florida apply statewide. The Florida rules of court also apply statewide.

More detail is needed if you are looking for a more detailed answer than this.
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Q: If an S-corp was advised by an attorney to let their Florida corporation be ADMIN DISSOLUTION FOR ANNUAL REPORT.

1 Answer | Asked in Business Formation and Business Law for Florida on
Answered on Sep 20, 2017

If you are asking can creditors go after the law firm for debts the us no. If you are asking can a creditor go after the assets of the s-Corp the would be maybe. Would need more information to say for sure.
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Q: If I don't sign a quit claim deed (Corrective Warranty Deed) what could happen?

2 Answers | Asked in Real Estate Law for Florida on
Answered on Sep 20, 2017

Run don't walk to see a real estate attorney in your area. You need to have this situation looked at by an attorney before you sign anything.
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Q: I signed a two year lease at my condominium in Fl, new manager is now saying it's not valid and it's fraud?

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Sep 20, 2017

No way to saybwithout firat reviewing the terms of the lease.

I suggest that you need to consult with a tenant attorney in your area asap to get specific advice regarding the terms of your two year lease.

Good luck.
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Q: If a 17 year old date a 12 will he go to jail

1 Answer | Asked in Consumer Law and Criminal Law for Florida on
Answered on Sep 19, 2017

For dating no, if there is sexual relations then likely yes and he will be declared a sexual offender the rest of his life.

Not a good choice to date someone that is 12.
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Q: My partners want to sell their house I FL and move to MI to rent. Will they get taxed if not reinvested in real estate?

2 Answers | Asked in Real Estate Law for Florida on
Answered on Sep 19, 2017

if they do a straight sale, then yes they will pay capital gains taxes once on the difference between their tax basis and the sale price. It is a one time tax. What they do with the money thereafter is their business.

Important, your question is really more of a question for an accountant or for a tax lawyer. I suggest that your partners consult with a tax professional to get the details of the tax ramifications that they will face when they sell the land.
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Q: Can a nursing home restrict a resident from leaving if they're deemed mentally fit?

3 Answers | Asked in Elder Law for Florida on
Answered on Sep 19, 2017

Sortof depends upon how or what evidence there is of the resident being mentally fit. Also, it depends upon what evidence there was to place the resident in the facility in the first place.

Ultimately, there is just not enough information here to say one way or the other.

Best suggestion is to consult with an elder law / guardianship attorney in your area to get the admission documents and an recent documents showing the resident to be mentally fit.

Good luck.
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