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Florida Contracts Questions & Answers
2 Answers | Asked in Banking, Consumer Law and Contracts for Florida on
Q: Can I sue a Miami car dealership and bank for fraud related to a car purchase?

I would like to know if I can sue a bank and a car dealership for fraud. My wife and I purchased a used car at a dealership in Miami, FL on February 15, 2025, and encountered several issues: my last name was spelled incorrectly on the documents; the down payment was recorded as $4,200, despite us... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 3, 2025

You should take your documents to a lawyer right away. We do not have any way of reviewing your purchase agreement and contracts in this forum.

Most used car sales are "as is" and it's up to the buyer to have the car inspected prior to purchase irrespective of what the...
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1 Answer | Asked in Copyright, Contracts and Intellectual Property for Florida on
Q: How can I self-publish a book previously serialized in a magazine?

About 30 years ago, I wrote a book that was serialized in a bi-monthly magazine over six installments in one year. The magazine is still being published, and there was no formal contract—only a handshake agreement for $500 per installment. I was credited as the author and contributing editor. I... View More

Sean Goodwin
Sean Goodwin
answered on Apr 2, 2025

I would double-check with the magazine to see if there is a contract on file even if you remember a verbal/handshake agreement. If there is a written agreement, please reach out to an experienced intellectual property attorney to review it in detail. There is something called a... View More

0 Answers | Asked in Contracts and Consumer Law for Florida on
Q: Do I have to repay auction refund mistake in Florida?

I purchased items from an auction, and there was an issue with one of the items which led to an agreement for a partial refund. They mistakenly gave me a full refund for the damaged item and all other items I purchased, totaling $5,000. I have documentation for the partial refund, which was... View More

0 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Is withholding CDL certification until loan is paid legal in Florida?

I recently completed my trucking school classes in Florida and I'm scheduled to take my state CDL A exam soon. The school informed me that they will hold my certification of completion until my loan is fully paid. I signed a document acknowledging this policy, though I was unaware of it... View More

1 Answer | Asked in Business Law, Contracts and Intellectual Property for Florida on
Q: Can former employer sue for removing documents from personal account?

I worked for a company where I created and stored documents and projects on my personal Google Drive account with the employer's consent. After leaving the company, I removed these documents from my account. The signed offer letter and NDA did not specify storage policies for company documents... View More

James L. Arrasmith
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answered on Apr 2, 2025

Yes, your former employer could potentially sue you for removing documents from your personal Google Drive account, even though you created them and stored them with employer consent. The key issue here revolves around ownership of intellectual property created during employment. Generally, works... View More

0 Answers | Asked in Business Formation, Business Law, Family Law and Contracts for Florida on
Q: How do FL and TX jurisdictional differences impact our LLC agreement's divorce provisions?

I have a two-tier LLC structure in Texas where a parent LLC (60% owned by my brother and 40% by me) wholly owns a subsidiary LLC conducting our consulting business. Our operating agreements include a clause designed to prevent a spouse from acquiring an ownership stake that could interfere with the... View More

0 Answers | Asked in Contracts and Employment Law for Florida on
Q: Can I contest a non-compete clause after being fired from a chiropractic job in FL?

I was fired from my chiropractic job after less than one month before my 90-day probation period ended, for not bringing in any patients. My contract includes a non-compete clause preventing me from practicing chiropractic care within a 20-mile radius of the employer's location for two years.... View More

0 Answers | Asked in Contracts and Consumer Law for Florida on
Q: Dispute excessive charge for BBQ grill repair in Florida.

I brought my BBQ grill to a welder who initially talked about charging me $500 to $600 for fixing the rack and patching some holes. I also discussed the possibility of building a firebox, but there was no written agreement. The welder never informed me of the cost to build the firebox until it was... View More

0 Answers | Asked in Banking, Contracts and Consumer Law for Florida on
Q: Can Suncoast Credit Union use Right of Setoff to deduct from my account without notice after repossession?

I have an auto loan with Suncoast Credit Union and recently did a voluntary repossession because the car's transmission was broken. They sold the car and applied the sale proceeds to the car loan. However, I noticed that they recently took a payment from my account without notifying me. When I... View More

Q: Would taking a job offer breach my noncompete agreement in Florida?

I work as a full-time salaried employee for a large construction company in Florida. The contract between my employer and the project owner was terminated with cause before completion, and they are headed to arbitration. Currently, they do not have a project for me to work on, and although... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Contracts for Florida on
Q: Purchased car advertised as clean title, found salvage with misfiring engine.

I purchased a 1999 Porsche 986 a couple of months ago from a seller who recently moved to Florida from Kansas. He advertised the vehicle as having a clean title and a perfectly running engine. However, I later discovered the title is salvage and the engine started misfiring the night I brought the... View More

Erik A. Perez
Erik A. Perez
answered on Mar 25, 2025

Was there a contract signed related to the transaction or at the very least an email reflecting those terms? If not, you may still have a viable claim against the seller, but it will ultimately be a he said/ she said situation and likely no ability to recover attorneys fees. It may not be a lawsuit... View More

1 Answer | Asked in Real Estate Law, Tax Law and Contracts for Florida on
Q: Can I take action if my tax payment with a negotiable instrument was rejected?

I paid my property tax using the original bill of exchange, properly indorsed, before the due date and delivered by certified mail. However, the tax authority did not accept this form of payment. They sent me a letter stating they do not accept that form of payment without explaining why. When I... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 24, 2025

No, you do not have a case. You must pay your taxes in lawful money, not a negotiable instrument.

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: Financed car issues with dealer and finance company in Florida

I financed my first car and signed the contract on March 4th. The dealer lied and left out important information. Initially, I was told the car was $4,000, but then the dealer said it was $6,000, leading me to finance the car since I only had $5,000. I paid a $3,000 down payment, but the contract... View More

Dominique Young
Dominique Young
answered on Mar 26, 2025

The court is going to look to the terms of the contract first. Whatever you signed on the contract is what the court will start with first in determining what is to be paid and to whom. Anything that you agreed to prior to the signing of the contract, that is not written in the contract, is not... View More

0 Answers | Asked in Consumer Law, Contracts and Products Liability for Florida on
Q: Options for getting dealer to fix catalytic converters on used car without returning it

I bought a used car "as is" with a contract listing no modifications, but I received the car with two catalytic converters removed and broken electrical and window wipers. The dealer apologized, admitting they knew the converters were missing, and fixed the wiper motor immediately after... View More

0 Answers | Asked in Civil Litigation, Contracts and Legal Malpractice for Florida on
Q: Settlement from class action lawsuit delayed due to lien check by Texas firm, no communication.

I received a settlement from a class action lawsuit, and another law firm, Archer Systems in Texas, is managing 75% of my settlement to check for medical liens. I have no medical liens, and it's been four months without any communication from the firm, nor do they answer their phone. I was... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Florida on
Q: Can I withhold rent due to delayed repair credit in FL?

I live in an apartment complex where my washer machine was not repaired for over a month despite multiple requests. After threatening a "notice to cure," they finally fixed it. I paid rent during this time, which included the appliance's cost. I have been pursuing a credit for this... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 19, 2025

No, you cannot withhold rent, not a penny of it. Your obligation to pay rent is separate and distinct from the landlord's obligation to you under the lease; it's not a quid pro quo. You owe the full amount of rent.

0 Answers | Asked in Construction Law, Contracts and Land Use & Zoning for Florida on
Q: How to get my $1600 deposit back from a contractor due to city restrictions on fence location?

I hired a contractor to install a fence, and I paid a $1600 deposit. However, the city does not allow the fence in the location agreed upon in the contract. I spoke with the contractor and asked for a refund of my deposit. What should I do next, and how can I ensure I get my deposit back?

1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: Can I sue after 4 years for a loan with partial repayment in Florida?

In February 2021, I lent $50,000 to someone I was in a relationship with without a written contract, but with a verbal agreement. He returned $20,000 that same year but has since refused to pay the remaining amount. I have bank deposit slips and text messages as evidence of the loan. I reside in... View More

Erik A. Perez
Erik A. Perez
answered on Mar 19, 2025

Probably not, several claims such as unjust enrichment or breach of verbal contract are time barred by the 4 year SOL. Signed emails may be considered written agreement, thus an argument can be made for that, but it is a difficult one to win.

1 Answer | Asked in Contracts, Copyright and Intellectual Property for Florida on
Q: Ownership rights for songs created with Suno AI with original lyrics.

I create songs using Suno AI under a paid subscription. While the music is created by Suno, the lyrics are 100% my original works, and I've submitted them for copyright through the Copyright Office. A musical artist, who is signed with a label, is interested in recording a few of my songs. I... View More

James L. Arrasmith
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answered on Mar 20, 2025

You own the copyright to your original lyrics, especially since you’ve already submitted them for registration. However, the rights to the music itself depend on Suno’s terms of service. Since you’re using a paid subscription, you may have some rights to distribute or sell the songs, but... View More

0 Answers | Asked in Real Estate Law and Contracts for Florida on
Q: Is my Florida real estate sales contract legitimate with incomplete dates?

I'm in the process of selling real estate in Florida and have not yet signed the sales contract. The contract is only one page long and is set to expire at midnight tonight. However, it does not show the full year in the dates, only displaying "20" instead of "2025."... View More

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