Palm Bay, FL asked in Contracts and Construction Law for Florida

Q: Signed a contract and gave deposit to have building built. The contractor was single owner LLC based on his website.

He passed away due to unexpected illness before starting. His girlfriend had been answering text to his phone, she says no one is handling buisnes issues. what should i do to get my $ back, or a least get judgement so i can take loss on taxes? $4000 deposit.

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2 Lawyer Answers
Mark Siegel
Mark Siegel
Answered
  • Sarasota, FL
  • Licensed in Florida

A: You can get a tax deduction for business bad debts. To get your money back you could file suit against the LLC or you may have a basis to file a claim against his estate, if one has been opened. Or, you could open an estate as an interested party, but this would involve costs to you up front with no guarantee of payment.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: Talk with an accountant on the tax question. On getting your money back consult with an attorney in your area to see if it is feasible and financially worth filing a lawsuit to recover the money owed to you. Or in theory you could file a small claims case as the amount is under $5,000.00.

Good luck,

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