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Questions Answered by Jacqueline Alicia Salcines
Q: What to do if HOA foreclosed without proper notice?
At the closing of my first home purchase, I paid an additional $250 for my address setup, believing association fees were included in my mortgage. Over two years later, I was unexpectedly served papers for foreclosure due to unpaid association fees. The association sent certified mail to a wrong... View More 
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Jacqueline Alicia Salcines
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answered on Oct 22, 2025
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answered on Oct 22, 2025
All foreclosure and court cases do require proper service which means a process server goes to your home and serves you. If that did not occur or you were not served by publication, then the suit is improper to move forward. However, it would be best to speak to an attorney to run your docket and... View More
Q: Can I sue for seller misrepresentation of plumbing issues in FL home?
I recently purchased a home in Orlando, FL, and signed a seller's disclosure claiming the seller "did not know" about any past leaks. Inspections showed no issues at that time. However, about two weeks after moving in, the bathroom flooded while showering. Plumbers have since found... View More
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Jacqueline Alicia Salcines
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answered on Sep 13, 2025
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answered on Sep 13, 2025
The best advice is to always hire a real estate lawyer when buying or selling real estate in Florida. Relying on a realtor or title company that is not well versed in these types of matters unfortunately often ends like this. However, we can definitely help but do require to review your contract.... View More
Q: Can I sell or transfer my share of a jointly owned property with my son in Florida?
My wife and I purchased a home in Florida in 1986. We added our son to the deed in 2013, granting him a share of ownership. My wife passed away in 2023, and I now hold an interest in the property along with my son. I want to sell or transfer my interest in the home, but my son does not want to... View More
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Jacqueline Alicia Salcines
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answered on Jul 23, 2025
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answered on Jul 23, 2025
First of all, I am sorry for your loss. To respond to your question, it is unclear how old your son is and if he is of age to be able to sign documents. If he does not want to sell, he would have to buy you out. But if he is unable to, then you can file a Partition Action where the Court forces... View More
Q: Clarification needed on commission during "Protected Period" in a Florida real estate agreement.
I am in Florida and currently engaged in an Exclusive Right of Sale Listing Agreement with a real estate agent. I need clarification on the commission section concerning the "Protected Period" mentioned in the agreement. Specifically, under what circumstances would the agent be entitled... View More
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Jacqueline Alicia Salcines
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answered on Jul 22, 2025
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answered on Jul 22, 2025
All Listing Agreements are worded differently. If the LA specifically states that they are entitled to a commission during a period of time or if they found the prospect, then the realtor may be entitled to the commission. However to properly advise you as to the realtor's rights to a... View More
Q: Divorce: how to keep the shared house with mortgage and equity loan?
I am considering filing for divorce, and the only property we share is our house, which has a mortgage and an equity loan. There are no children involved, and we do not have any agreements in place regarding the distribution of property. I have primarily contributed to the mortgage and equity loan... View More
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Jacqueline Alicia Salcines
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answered on Jul 9, 2025
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answered on Jul 9, 2025
Sorry you are going through this and facing divorce. It sounds like it would be uncontested if you are able to reach an agreement regarding the house. Since its marital residence you are each entitled to half unless there is a prenuptial agreement or other document you didnt mention. Assuming... View More
5 Answers
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Landlord - Tenant, Arbitration / Mediation Law, Contracts and Real Estate Law
for
Florida
on
Q: Commercial tenant in Florida faces rent and tax issues despite lease terms on escalation limits.
I am a commercial tenant currently in year 3 of a 5-year lease. The rent began at a flat $1000 a month for year 1, escalating at 4% annually. After signing the lease, I brought my landlord on as a partner, and after 2 years, I bought her back out. However, I've recently received a letter from... View More
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Jacqueline Alicia Salcines
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answered on Jun 28, 2025
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answered on Jun 28, 2025
25% increase is outrageous and may clearly cause you to default. It does not sound like the landlord is abiding by the terms of the Contract. However, to be sure, the best way is to send the Contract to a real estate lawyer. Once we review it, we can advise if in fact there is a clause that caps... View More
Q: Tenant incarcerated, how long before property is considered abandoned?
I'm a landlord and my tenant is currently incarcerated, serving a 5-15 year sentence, and has been in jail for 6 months. We had a month-to-month oral lease agreement. I've attempted to contact the tenant about their belongings and they expressed not wanting their family to have them. How... View More
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Jacqueline Alicia Salcines
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answered on May 6, 2025
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answered on May 6, 2025
Florida statutes states that if the tenant is absent from the property for half the time of the term, then it can be considered abandoned. So if the tenant pays from month to month and has been gone for 15 days, then it is considered abandoned. In this case however since you know the tenant is in... View More
Q: Can I sell a commercial property with a non-paying tenant in Florida?
I want to sell a commercial property in Florida, but there's a tenant on the property who has never paid rent for the past three years. There is no formal lease agreement, and I suspect the tenant, who is a felon, may have forged one. Can I proceed with the sale while I need to evict this tenant?
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Jacqueline Alicia Salcines
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answered on May 4, 2025
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answered on May 4, 2025
If you never had a written agreement then you need to ask the buyer whether they want to purchase with a tenant in possession or not. If yes they will want a new lease but they can prepare it after closing. If they don’t then it’s your responsibility to make sure he is out prior to closing.... View More
Q: How to remove my name from both deed and mortgage in Florida?
I co-signed the mortgage for my friend's condo, and my name is on both the deed and the mortgage. My friend pays the mortgage and lives in the condo. He wants to remove my name from the deed, but I want to ensure I have no responsibility for the loan or property once my name is removed from... View More
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Jacqueline Alicia Salcines
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answered on Feb 22, 2025
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answered on Feb 22, 2025
Removing your name from the title or Deed is easy, via a quit claim deed that an attorney can prepare for you. However, in order to remove you from the mortgage, the lender will need to approve this, and 99.9% of the time, they dont. If you are not the borrower and have no skin in the game, the... View More
Q: I'm selling my house. A contract has been signed. It is being sold "as is". Do I need a lawyer to review the contract
What would the cost be?
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Jacqueline Alicia Salcines
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answered on Dec 3, 2024
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answered on Dec 3, 2024
You need a lawyer to review the contract and represent you in the transaction. What you pay is minimal for peace of mind. Otherwise, if you dont hire a lawyer, the other side's title company will merely prepare your seller docs, charge you a fee usually more than an attorney would charge, and... View More
Q: can i sell the land of a deceased relative in florida
I have two siblings and my sister died owning land. I want to sell it.
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Jacqueline Alicia Salcines
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answered on Oct 13, 2024
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answered on Oct 13, 2024
Have an attorney review the deed. That way we can see who is on there as title holder and who would need to sign in order to sell the property. If another sibling does not want to sell, then it will turn into a Partition action and court forced sale but you can still use your own realtor, etc.... View More
Q: If our new apartment isn’t ready when the lease starts 6/1/2024, are they in violation and can we get out of the lease?
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Jacqueline Alicia Salcines
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answered on May 28, 2024
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answered on May 28, 2024
If its not ready, then yes, they are in breach assuming the contract/Lease you signed states they have to give you possession by June 1st. I would speak to a real estate attorney so we can review the Lease free of charge and advise accordingly. Then you may want to send out a letter advising them... View More
Q: I bought a home in Florida for my mom, I want to add her to the deed so her save our homes exemption is applied, can I?
This is my first home, I don’t have a previous save our homes homestead exemption. I am buying the house but my mother is living in it. If I add her to the deed will she be able to transfer her save our homes to the new house? As it would be 50% ownership, would 50% of the exemption be applied?... View More
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Jacqueline Alicia Salcines
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answered on Dec 2, 2023
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answered on Dec 2, 2023
What a nice gesture. You can absolutely add her in via a Quit Claim Deed. I would strongly urge you to hire a real estate lawyer to prepare one so it is done right. Errors in deeds are costly specially when trying to correct them after many years and at the time of sale. As co-tenants you can... View More
Q: How to divide equity in a home sale with three owners, two of whom are married and divorcing, in Florida?
In Florida, how do we divide the equity from the sale of a home that has three owners, where two are married and getting divorced, and the third owner contributed 76% of the down payment and added a second kitchen? There is no written agreement regarding contributions, but the ownership is held as... View More
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Jacqueline Alicia Salcines
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answered on Oct 20, 2025
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answered on Oct 20, 2025
Equity is divided equally unless the parties have agreed to divide it differently. If however, the division is being conducted by a partition action or forced sales, then you may be entitled to set--offs of the amounts paid in proportion to the sale proceeds. Speak with an attorney so we can... View More
Q: Can my landlord change rental terms and provide short notice to vacate?
I'm on a month-to-month written lease from September 22 to October 21, with a verbal extension from October 22 to November 21. My landlord in Florida has frequently changed the conditions, terms, and costs without consistent agreements. Initially, I was allowed to use a section of the hall and... View More
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Jacqueline Alicia Salcines
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answered on Oct 20, 2025
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answered on Oct 20, 2025
No, they cant. The law in Florida is very clear that the landlord can not do that. Speak to a lawyer to discuss your particular case so we can provide proper advice.
3 Answers
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Business Law, Employment Law, Energy, Oil and Gas, Civil Litigation and Consumer Law
for
Florida
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Q: Seeking legal guidance for solar installation issues with Meraki Solar in Florida.
I purchased a $38,000 solar system from Meraki Solar Installers LLC about 3.5 years ago, with the understanding that it would last 25 years and I'd only need to pay a base service fee of $29.95 per month to FP&L. However, this month I received a $74 bill because I'm not producing... View More
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Jacqueline Alicia Salcines
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answered on Oct 14, 2025
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answered on Oct 14, 2025
The solar panel industry is unfortunately one of the lease monitored industries and that is why so many companies engage in fraud and deceit such as what happened to you. In order to assist you, we would need to take a look at your solar agreement and then we can provide an opinon.
Q: Received garnishment letter; on disability; husband not on debt. How to proceed?
I received a garnishment letter from a debt collector, but I am currently receiving Social Security Disability benefits. The debt collector is also trying to hold my husband responsible, even though he is not associated with my credit card and does not have his name on it. The garnishment letter... View More
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Jacqueline Alicia Salcines
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answered on Oct 13, 2025
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answered on Oct 13, 2025
Usually a garnishment can be cancelled based on certain factors. However, it will require a review of your documents and underlying facts. Reach out to an attorney so we can review
Q: How can I resolve my mom's $12,000 dental charge dispute in Florida?
I co-signed for my disabled mom to have dental work that ended up not being done, yet she is being charged $12,000. She was seen once, thinking it was a consultation, during which her mouth was hurt. We sent a letter to terminate the loan, but the credit company and dentist aren't resolving... View More
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Jacqueline Alicia Salcines
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answered on Oct 6, 2025
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answered on Oct 6, 2025
You should have an attorney review the agreement to see what can be done and whether we can assist you to get out of this.
Q: Can I keep part of tenant's deposit for damaged carpets?
I am a landlord, and after my tenant moved out, I discovered that the carpets, which were new when the tenant moved in two years ago, are now soiled, stained, and the unit has a strong odor. Despite this, I only returned half of the security deposit. The tenant is now demanding the full deposit... View More
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Jacqueline Alicia Salcines
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answered on Sep 13, 2025
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answered on Sep 13, 2025
Under Florida law, a landlord is permitted to withhold all or part of a security deposit to cover damages beyond normal wear and tear. The key issue in your situation will be whether the carpet’s condition is considered “ordinary wear and tear” after two years of use, or if the soiling,... View More
Q: Can I cancel condo sale if association exercises right of first refusal?
I'm selling my condo and was not aware that the condominium association had a right of first refusal. I've already signed a contract to sell at a certain price, but I received a letter from the association's lawyer stating they intend to exercise their right to buy at the same price.... View More
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Jacqueline Alicia Salcines
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answered on Jul 19, 2025
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answered on Jul 19, 2025
The answer to your question requires a review of your real estate As Is Contract to see if this is listed as a reason to cancel. Always hire a real estate lawyer to represent you in your purchase or sale and that way, you can ask the attorney during the transaction for guidance and advice without... View More
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