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Questions Answered by Andy Wayne Williamson
3 Answers | Asked in Car Accidents for Florida on
Q: I've heard city officials have government immunity from being sued, but what if their flawed street design caused my

accident?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 18, 2018

You can sue a government entity but doing so is harder than sueing a non government entity. You need to hire an experienced attorney to bring such a case.

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2 Answers | Asked in Consumer Law for Florida on
Q: I have a sewing machine repair company come to my home. He took my machine back with him to fix a problem.

He had "fixed" my machine several times over the years. He brought a new machine this time and tried to get me to buy it. I told him it as nice, but I did not want to buy it. But he left it with me and took MY machine to do repairs he MISSED less than a month earlier.

Then he... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 21, 2018

I suggest that you find someone to help you get your machine back and return his. There is no way for anyone to help you via this online forum.good luck.

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2 Answers | Asked in Elder Law for Florida on
Q: Father with dementia being moved to LTC facility. Wife won't put him in quality care to save 'her' money. Legal options?

Father and wife are in Florida. I have a sibling who is a nurse and is willing to have him placed near her in a northern state to provide additional care and support. But wife says no. I'm Concerned about wife's cognitive state and her ability and willingness to make decisions that are... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 21, 2018

Your only option is likely to seek to be appointed as Legal guardian or have your sister appointed as guardian. There is no guarantee of who will be appointed guardian but at least you will have a chance to make decisions for your dad that you feel are best.

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1 Answer | Asked in Real Estate Law for Florida on
Q: How long does it take to get Summary Administration on 1-vacant acre of FL property when outstate child of deceased file

Owner was out of state and adult child is out of state. Child already sold parent home in that state.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 12, 2018

More details are needed to be able to properly answer your question. I suggest that you consult with a probate attorney near the area where the property is located.

1 Answer | Asked in Traffic Tickets for Florida on
Q: In Florida, do I need to wait 3 years to remove points off my license ? Or is there something that I can do before ?
Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 11, 2018

There is not an action that you can do to remove points. The points basically drop off automatically after a certain period of time. The issue is not the points, but how many points you accumulate over a certain period of time.

12 points within 12 months―30 days.

18 points...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: How do.i respond to an unlawful.detainer complaint
Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 11, 2018

Sorry, just no way to say how you should respond. A complaint for unlawful detainer typically arises when you started as a lawful tenant and now the lease has expired. If you no longer have a valid lease agreement and the landlord will not agree for you to continue to rent on a month to month... View More

2 Answers | Asked in Civil Litigation and Collections for Florida on
Q: I was served papers for a collection and filed my answer. It's been 3 years and now the plaintiff filed for a judgement.

I can't find specific answers to how long they have after I file my answer to do anything. No other motions have been filed by them since then for an extension or anything. Am I still within my rights to ask for a dismissal?

Also, the only thing that has happened is the case switched... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 10, 2018

They have as long as they want if the court does not dismiss the case for lack of prosecution. Now that something has been filed in the case a lack of prosecution motion would not be proper.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I rented a home in Jan. for $3000 month based off pics on Zillow. Can I withhold rent until its fixed or end my lease?

Inside the house is nice but has needed many repairs that we found out about as we discovered them.Most have been fixed.The heater & AC were broken.The garage door & oven are still broken.The sink is coming off the wall.There was a decomposing animal under the house that smelled AWEFUL for... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 10, 2018

You do not have the right to withhold rent without providing a proper 7 day notice. Your remedy is to move out on day 8 if the repairs are not done. Sounds like you need to consult with a tenant attorney in your area asap to get property legal help in this situation. I suggest that a 7 day... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: Can she do anything to hinder the closing with a cash buyer?
Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 10, 2018

sorry, buy you do not provide any facts to be able to attempt an answer to the question.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: My apartment office says that I have to pay them 2 months extra after i give them 60 days notice and move out.

I want to move out early from my apt. I gave them a 60-day notice. They said that after that 60 days i still have to pay them some kinds of fee that sum up to $3000, which is 2 months rent extra. Is it legal? How do I avoid this. Please help

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 10, 2018

No way to say without first reviewing your written lease which is not possible here online. You need to consult with a tenant attorney asap on this issue. Have your lease reviewed by the attorney and then determine what is legal as your written lease will control the situation.

1 Answer | Asked in Real Estate Law for Florida on
Q: I have a commercial lease, i'm not sure if the lease is still valid

the dates are wrong, the LLC name is wrong, he didnt want to continue using the reality firm, he has allowed my rent to be late several time and still accepted it. the ac broke and he brought his nephew over to try to fix it and he pulled a wire out of the fan, now he says iots my responsibility to... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 10, 2018

No way to say without first reviewing the written lease. Typically commercial leases do place certain repairs, like AC on the tenant.

You should consult with a tenant attorney in your area to have the lease reviewed and then get specific advice.

1 Answer | Asked in Real Estate Law, Contracts and Landlord - Tenant for Florida on
Q: I need to rent out my house 6 month. Is that term allowed? Do I have to pay any extra taxes?

I was told because it wasn’t a year long lease I would have to pay BED (?) taxes but can’t do month to month on a lease contract. Is this false info? I’m moving temporarily and need to rent it out.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 10, 2018

No idea is Miami Beach area has any special ordinances of bed taxes. You should really consult with a real estate agent in your area to get specific advice from an attorney in that community.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can my real estate agent ask that I pay money at closing for an unrelated business matter?

She has sprung this up just 4 days before closing and I am shocked to say the least! Can she do anything to hinder the closing with a cash buyer and if she does what is my legal recourse? Is it even legal for her to ask this?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 10, 2018

Legally the only thing that should be involved is the real estate transaction itself. If you owe the realtor money for some other issue, legally she does not have the right to add it to this closing.

1 Answer | Asked in Estate Planning and Landlord - Tenant for Florida on
Q: Can a POA allow for someone to takeover a lease agreement of an apartment?

Basically my friend and her friend live together. Just so happens that the Roommate is the only person on the lease. Her roommate is going to leave the country to return to her home permenantly. the problem is her lease agreement wont be over when she does leave. She wants my friend to sign her... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 10, 2018

Technically, yes if a person is POA for the person who is moving out of country then yes that POA can legally sign for and bind the person to a lease. However, a POA cannot add a person to a lease or allow a new person on a lease without the landlord's agreement.

The situation you...
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1 Answer | Asked in Consumer Law for Florida on
Q: I bought a luxury bag last year from a website « the collectory «  company and I got a charge back.

I bought a luxury bag last year from a website « the collectory «  company based in San Francisco and the lady told me by text that I would be able to return the bag within 14 days. I contacted them maybe three weeks later and didn’t want to take in return the bag anymore neither for a refund... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 10, 2018

You really do not state a legal question but give the facts and circumstances underlying the same. I suggest that the company may have a legitimate point. You got the purse and then got a refund for the purchase price you paid. In my view you should have returned the purse.

Hope this...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I'm in Alachua county Florida...I have a lease with landlord and I have to send the rent through the mail.

Its 6 days late and he put a notice of 3 days on my door...can he legally put me out?! It's not my fault the mail is slow!! Not like I didn't pay! Money order is dated the 3rd, which is the due date. I see you're assuming I didn't pay.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 10, 2018

Yes, once the 3 day notice of posted you have only 3 days to cure the rent. Thus the landlord has the right to evict you based upon the rent being late if he chooses.

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3 Answers | Asked in Consumer Law and Car Accidents for Florida on
Q: I made a car payment and it cleared my bank on 3/22/2018. Actual payment date is 3/23/2018.

On March 23, 2018 at 7:08am, the car was a total loss in an accident. I have Gap insurance so whatever the difference in loan and payoff, it is covered in full. Should the loan company refund my payment since there was no car to pay on the actual payment date?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 10, 2018

Your agreement to purchase the car on time and the obligation to pay the same has nothing to do with the accident and ultimate total loss of the vehicle. I personally do not think that you are entitled to a refund of the payment.

Hope this helps and good luck,

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2 Answers | Asked in Real Estate Law, Criminal Law and Landlord - Tenant for Florida on
Q: unlawful detainer

While I was on holiday my step daughter let 2 people live in my house without permission. She has now moved out. They are damaging the house , living in any bedroom they want including mine (they post it all on face book)smoking dope and coke and have verbally threatened me with violence over the... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 9, 2018

sorry, for your situation, but no you cannot just throw out their clothes and lock them out. You must go through the courts to fix the issue.

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1 Answer | Asked in Contracts, Business Law, Civil Litigation, Divorce and Real Estate Law for Florida on
Q: My ex was paid all income for 7 yrs from co owned condo / hotel rental agreement/title is in both names.How to recover $

When I left my ex fiance' ( after open heart surgery and strokes) I left $40-$70 in our joint accounts to pay any costs incurred from condo. 7 yrs later I'm totally disable and need to stay in condo. Ex claimed all along the condo was costing him. I knew I left money in our (still) joint... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 9, 2018

There is no way to answer your questions here on line. You need to consult with a real estate attorney in your area to have the documents you referenced reviewed and then get specific advice.

Good Luck,

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Hello,Can someone answer my question?Was renting for a house for 1 year lease and after that month to month.

The landlords came with a paper for me to sign and move out in 30 days. I signed the paper on April 4th 2018 and need to be out by May 4th 2018. Isn't the thirty day notice suppose to be given to me like some days earlier? Please help me understand. Thank you.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 9, 2018

Without seeing the paper you signed I cannot say what effect it has on the situation.

As a month to month tenant the landlord would only need to give you 15 days notice. (ie: 1/2 thr rental payment period assuming you paid rent monthly).

Thus if you got 30 days notice the landlord...
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