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Questions Answered by Andy Wayne Williamson
1 Answer | Asked in Employment Law and Business Law for Florida on
Q: What can I do with my employer?

Hi, so I work as a valet and on 04/04/18 at around 4:55 AM I had a small incident with a car. I reported it to my manager and he reported it to the main office. I was supposed to go back that same day at night. However my shift was canceled and two other shifts have also been canceled (Thursday and... View More

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

Yes. You can request copies of your employment contract.

1 Answer | Asked in Civil Litigation, Real Estate Law, Small Claims and Landlord - Tenant for Florida on
Q: I have been renting a house for 2.5 years. House recently sold, no new contract. Paid every month accept this month

Gave 21 days notice I’m moving and asked to use last months payment that was transferred. Landlord said I only have security deposit and need to pay for this month. I’m hesitant to do that bc we did not receive the house originally in a good condition and I don’t want my money with held for... View More

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

Yes. Basically you are a month to month tenant and have no right to be there without paying rent. If the money was originally as a security deposit the landlord is correct require that it remain a security deposit.

Hope this helps. Good luck.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Flea infestation and safety/privacy in apartment I rented in January

Before I signed a lease I was told that the person (boyfriend) who was with me while touring was not allowed to stay the night at my complex (3 years prior when with ex girlfriend he spray painted the walls in her apartment she was leasing at the same apartment complex I was about to sign for,)... View More

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

You give a lot of details but you do not ask a question. I assume you are wondering if you can get out of the lease due to the conditions you cite. Most likely no. These are not grounds to break a lease.

1 Answer | Asked in Civil Rights, Animal / Dog Law and Legal Malpractice for Florida on
Q: Can the presiding Judge in an ongoing civil case give ex-parte legal advice to Petitioner-is legal redress available?

Former rear neighbor's Pitbull broke into our home and bit our Labrador.They then obtained Stalking Injunction against us after which they drove circles around our home videotaping us pulling weeds in our yard-attempting to elicit a response (we gave no negative response) then alleged we... View More

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

Your situation is to complex to to answer via this forum with any detail.

The judge should not have exported commincation with either side. However the Judge can speak to one side in a Hearing if the other side refuses to go into the hearing.

I suggest that you hire an attorney to...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Planning on selling my florida condo to a buyer who wants to rent for 8 months or so until he reaches 59 1/2 .

He will then be available to access his retirement funds penalty free to purchase the condo.

I plan on constructing a lease with a $20,000 non refundable deposit, and then reduce the selling price by $20,000 at closing

. This way if for some reason he backs out of the sale I will... View More

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

Short answer. It depends. Nothing wrong with your approach but the details matter greatly on how it is structured.

I strongly suggest that you consult with a Real estate attorney in your area to set up the “rent to own” and the actual sale correctly.

Good luck.

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2 Answers | Asked in Civil Rights, Landlord - Tenant and Real Estate Law for Florida on
Q: Tenant in house has no tenancy agreement nor my approval to be there what can I do?

Whilst I am on holiday abroad for several months my daughter allowed approx 3 people to come live in my home without my permission and apparently they have been there several months. I am returning home and I have been told they refuse to leave. My daughter has left the house and moved to an... View More

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

I agree with attorney Louis-Charles’ advice.

I suggest that you hire an attorney from your area to handle this matter.

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2 Answers | Asked in Civil Litigation and Business Law for Florida on
Q: I was in business with someone and have broken away. However he is refusing to allow me to get what possesions I bought

I have receipts for MY merchandise

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

No way to say for sure. If the items were purchased for the business they may be a business asset. You need to consult with a attorney to go over all of the details of the business formation and the separation then get specific advise.

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2 Answers | Asked in Bankruptcy and Civil Litigation for Florida on
Q: I am probably being sued because damages exceed insurance coverage by a lot. I will probably file bankruptcy.

Will wife have to also file bankruptcy? Car wreck and i was at fault. My car and i was driving.

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

If the car was in your name only, there would be no liability to your wife. You can file bankruptcy without your wife having to do so. However I suggest you get a full evaluation from your bankruptcy attorney on the issue.

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3 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: I purchased a lot next to mine to place a carport. The county made me join the parcels. The land has not improvements,

No electric no water etc. once joined do I have to pay amities on. A property that will not have anyone using amities?

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

Not sure what you mean by amenities. It sounds like you are in an HOA. If so, they likely have the right to charge you for amenities based upon owning two lots in the subdivision. Your use of the lot is not relevant to that issue.

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: My father passed 8 months ago leaving $1150.00 in a checking account. All other assets were put in a family trust.

My local court clerk said I do not qualify for simple distribution without administration because the trust paid his funeral expence. There are no outstanding debts. The cost of formal probate, including filing fees and mandatory attorney fees exceed the amount in the account. Is there any... View More

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

I agree with attorney, Richardson. Have the trustee file for disposition without administration to seek reimbursement to the trustee who paid the funeral.

Good luck,

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1 Answer | Asked in Real Estate Law for Florida on
Q: What can I do about a half million dollar house I bought An problems were not disclosed

Terminmite infestation duct system was as old as house mold an causing me breathing problems inspection said everything is great that also had to be replaced...ect thank u

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 5, 2018

Consult with a real estate attorney in your area to evaluate bringing a claim for undisclosed defects that materially affect the value of the home.

Good luck,

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I signed a 12 month lease 6 years ago, now, without notice owner is selling house. What are my rights re:showing house

Also when I have to move out? In florida

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 5, 2018

You are a month to month tenant. Technically you have the right to live in the property 30 days at a time. The landlord should give you reasonable notice that he is going to show the property. It sounds like its time to find a new place to go asap.

1 Answer | Asked in Criminal Law, Civil Litigation and Juvenile Law for Florida on
Q: Shd 1 expln th fcts n defns of an MIP Tobaco cita to th judge at the herng for disml OR just respctfly demand demd dissm

should one explain the truth and facts of the incident to/for the judge at a hearing for dismissal (not a trial) or just reiterate a respectful demand for dismissal

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 5, 2018

No idea. There is not enough information here to venture a response. It is clear that you have some type of court case pending. Asking what you should or should not do in a court case, via the internet is not the best approach. If you are representing yourself in a litigation case, and you do... View More

1 Answer | Asked in Probate and Real Estate Law for Florida on
Q: What steps does a nonparty take to establish title to property in Hillsborough County?

I have found property which belongs to an estate. The estate was closed and the final discharge did not include home owned by the decedent (estate).

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 5, 2018

A non party does not have a right to establish title. You can bid on the property taxes when they come due and when you get two tax certificates you can seek a tax deed. (You will be competing with a number of people and entities, many entities attempt to buy every single tax certificate issued... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: How long is an Opinion of Title valid for?
Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 5, 2018

In theory only a few days maybe no more than 10 days. However the person who gave the opinion would control the time frame.

2 Answers | Asked in Business Law for Florida on
Q: Can I be forced out of a MOU? And what happens if a business associate does not honor a MOU?

I have a MOU replacing an Operating Agreement. Is this OK?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 5, 2018

No way to say without first reviewing the documents you reference.

I suggest that you consult with an attorney in your area to have the agreement reviewed and then get specific advice.

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1 Answer | Asked in Civil Litigation for Florida on
Q: I just received a final judgement order and a Florida form 7:343. Why is spouse included if not in judgement?

I have no issue filling it out but he has nothing to do with the judgement.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 5, 2018

The form approved by the Florida Supreme Court includes spouse information. I personally do not agree that a creditor of a spouse should be able to get spouse information. But that is the approved form.

Hope this helps and good luck.

3 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Florida on
Q: My note was never sold before the original company went under... what do i do? can i sell it? I'm still on the tittle.

Full disclaimer: in 2009 I filed for chapter 7 and this property was supposed to be discharged. fast forward to now and I just found out that I'm still on the tittle and it was never sold or foreclosed. I've received an offer to by the property and I'm not sure what to do.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 4, 2018

In theory you can sell it, but most likely the mortgage is still a lien against the property. I suggest that you consult with a real estate attorney here in Florida to look at your title history and then give you advice on what you can do.

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2 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for Florida on
Q: I'm renting a house that got foreclosed on. Does the new owner have to honour my lease?
Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 4, 2018

As attorney Klurfeld points out the new owner does not have to honor your lease.

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1 Answer | Asked in Contracts for Florida on
Q: Can a consulting company require a non-compete if intellectual property is used to open a separate business by licensee?

I have a degree in the field and they wouldn't be expanding to the area unless I contacted them to train me on opening an educational center in the area. I didn't mind signing an NDA but the NCA is very extreme and for 10 yrs. They also added that they can terminate our relationship with... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 4, 2018

This is an extremely complex matter and there is no way give you advise via this forum.

Due to its complex nature you need to consult with an attorney from your area.

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