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Florida Contracts Questions & Answers
0 Answers | Asked in Contracts and Insurance Bad Faith for Florida on
Q: In Florida, what steps must be taken for a private Lessor to repo a vehicle from Lessee, they are in contract with?

contract for a vehicle where a family member was the holder of the vehicle's loan, the bank held the title. he was a lessor and lived in SC, where the car was licensed and registered. The Lessee lives in FL and was making loan and insurance payments to the Lessor. The contract specifically... View More

0 Answers | Asked in Elder Law, Landlord - Tenant, Contracts and Criminal Law for Florida on
Q: We bought a home and were told we overpaid $1000. 12 weeks and no refund. Now, told our last month rent failed? LOL?

We send two checks to cover rent. Money orders from Publix per park regulations, they signed saying they received them (in person), one for $387, other $500, then 3 weeks later were told the $500 check was no good, yet both checks were cashed on the same day. We are not litigious. We don’t... View More

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Florida on
Q: Me and my business partner own a bar together. She changed the password to our cameras and removed me from the account.

Is she allowed to do this while we both own the bar? She did it for personal reasons. A bad break up.

Charles M.  Baron
Charles M. Baron
answered on Dec 20, 2024

No, unless you had an agreement providing she has exclusive rights to do whatever she did. In any event, if you are getting a business divorce, consult a lawyer who handles business formation and dissolution issues.

1 Answer | Asked in Landlord - Tenant, Contracts and Gov & Administrative Law for Florida on
Q: What are my rights as a disabled individual who had safety concerns willfully ignored by my landlord for months?

I provided previous documentation via emails, physician verification of my disabilities, numerous phone calls to the leasing office records, documentation of my maintenance requests falsely solved in the resident portal as well as these willful violations of my right to ensure a safe and peaceful... View More

Erik A. Perez
Erik A. Perez
answered on Dec 17, 2024

You may be able to terminate the lease. However, it appears you likely need to provide a notice to cure under the statute and thereafter you may be able to exercise your right to termination of the lease and/or rent abatement.

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: What makes a cancellation fee unreasonable under Florida law? Is there a statute or case law that speaks to this?
Charles M.  Baron
Charles M. Baron
answered on Dec 11, 2024

Are you talking about a cancellation fee that the parties agreed to in a legally valid and legally executed contract or lease, with no factors rendering the making of the agreement itself a problem (such as a party being the victim of fraudulent inducement, or being subject to duress, or being... View More

0 Answers | Asked in Business Law and Contracts for Florida on
Q: How do I go about retrieving my belongings from a leased space I lost due to lack of payments, in Florida State.

I am a co signer in a lease agreement with my ex husband. We got a divorce last year and he assumed the business and all expenses related to it. However I found out that he has missed several months of payments for the business and since I am a co signer I am also being sued. I scheduled a day to... View More

2 Answers | Asked in Contracts, Criminal Law and Civil Litigation for Florida on
Q: Dealer won’t give me refund of my down payment even though I never took possession of the car

Hello, I went to a dealership and made a deal on the car they said I could pick it up the next day that next day turned to a week, the car still wasn’t ready. So I decided I didn’t want the car anymore and now they’re refusing to give me back the money I put down is there anything I can do?

Jacqueline Alicia Salcines
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answered on Dec 5, 2024

Hire a lawyer to assist you and get your money back.

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1 Answer | Asked in Contracts, Criminal Law, Banking and Small Claims for Florida on
Q: I sold my camper van to a guy in south Carolina and I live in Florida. He canceled his check. What can I do

He paid $15,000 and $7,000 was a check. He canceled the $7,000 check and is refusing to pay me.

Erik A. Perez
Erik A. Perez
answered on Dec 5, 2024

You can send over a demand letter demanding he pay the balance. Usually, it is a little stronger when a demand letter is on a law firm letterhead. Alternatively, you can file in small claims court.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Florida on
Q: What type of lawyer should I look for (real estate, probate, business, etc) to handle a promissory estoppel case?

It is between an individual and his mother regarding a promise she made to him (which was put in a trust). He put about $50,000 into the property that he was told would be his and then she changed her mind and changed her trust to eliminate him from the trust completely.

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 4, 2024

If the mother is alive then consult with a real estate attorney who litigates. If not, speak to a probate attorney.

1 Answer | Asked in Contracts, Landlord - Tenant and Probate for Florida on
Q: Deposit after death, one heir

Mother's landlord sent deposit for rental home my mother was leasing back to me directly and not in the estate of, I am her only heir. We have not filled probate or a summary administration as my mother's credit card bills are higher than what is in her bank account and I would be out the... View More

Erik A. Perez
Erik A. Perez
answered on Nov 27, 2024

As you have explained it, the funds belong to your mother, so they should be part of her estate. However, a review of the lease could change the answer to your questions. For instance, if you were on the lease or there was an assignment clause.

1 Answer | Asked in Contracts for Florida on
Q: We signed a contract for a rental in Anna Maria Island, Florida for 10/15/24-10/30/24. The owner canceled

The contract says all cancellations will result in a forfeiture of all monies paid. The owner cancelled our reservations on 9/30/24 due to damages from Hurricane Helene (Hurricane Milton did further damage after that). We received an email on 10/4/24 stating this also and it said we would receive a... View More

Linda Liang
Linda Liang
answered on Nov 14, 2024

Did you pay with a credit card? If so, you can dispute it through your bank.

If not, you can send them a lawyer's demand letter stating that their failure to pay constitutes a breach of contract and that there will be consequences if they do not pay.

1 Answer | Asked in Contracts, Employment Law and Business Law for Florida on
Q: What can i do for a contract and work issues, because me and my wife got pregnant

Me and my wife have a business issue with our partners.

We purchased 25% stack from a company and we work there too, we get 1099 for paychecks, W2 from the company, and dividend in wire transfer.

We get pregnant and now the other partners say we break the contract and they dont... View More

Linda Liang
Linda Liang
answered on Nov 14, 2024

This does not make sense. Dividends are profit shares disturbed to investors. I can't imagine how pregnancy relates to an investor's entitlement to profit share. You need an attorney to tell them that it is a breach of an investment agreement if they fail to pay you, and there will be... View More

1 Answer | Asked in Contracts for Florida on
Q: I would like to know if there is a legal approach to ending a solar panel contract.

In Jan 2020, my mother in law passed away suddenly and it devastated my wife. Although I had my wife sit in to hear the deal, in hindsight, we could not really focus on the information. The agent was very persistent in his approach and although a big part of me wanted him to get lost because we... View More

Erik A. Perez
Erik A. Perez
answered on Nov 14, 2024

The contract should be reviewed by an attorney to identify whether there is any basis for termination of the contact. Also, the circumstances may be explored further to identify whether there is grounds for a recission due to undue influence. However, that is a difficult claim to prevail on. At the... View More

1 Answer | Asked in Contracts, Civil Rights, Landlord - Tenant and Probate for Florida on
Q: This is in regard to an Irrevocable Trust and my rights as a tenant at Trust held property in Florida.

I was caregiver for my Dad. He passed. Friend of family is Exec Trustee for the Trust my father had his estate pass into. I had a written agreement with my father to remain at his property in Florida for as long as I need. 40% of the property is mine according to Trust Dox, 40% my step brothers,... View More

Kimberly Grant
Kimberly Grant
answered on Nov 8, 2024

Let me preface my remarks by saying what you have described is outside my area of practice.

However, I believe you should act quickly to hire a lawyer who handles probate litigation in your area. Make sure he/she doesn't have any conflict of interest with the Executive Trustee. The...
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2 Answers | Asked in Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: Is a plaintiff required to respond to defendant's opposition to an amended complaint?

provide rule governing response to amended pleading

Charles M.  Baron
Charles M. Baron
answered on Oct 25, 2024

It depends on (A) what you mean by "opposition" to an amended complaint (motion to dismiss?, answer and affirmative defenses?), and (B) which court you're in (State or Federal, and if in State, which level (small claim or a level above small claim?). I therefore suggest you post a... View More

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2 Answers | Asked in Contracts, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I be evicted from a motel where I have maintained permanent residency at for almost 1 full calendar year ?

I moved in here December 2023 was offered weekly rates and told we could discuss monthly rates at a later date. After living here almost a year there have been a list of issues and safety concerns brought to the attention of hotel owner/manager and staff, minimal action was taken to address this... View More

Erik A. Perez
Erik A. Perez
answered on Oct 21, 2024

Yes, you can be evicted. However, it must be for a legal reason such as nonpayment of rent, failure to cure a maintenance issue, etc. Based on the information you have provided it, it is possible the landlord has failed to comply with the notice requirements for an increase in rent and/ or has... View More

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1 Answer | Asked in Contracts and Employment Law for Florida on
Q: What are the laws regarding termination of an emplyee contract?

My husband was hired by a company as an independent contractor. He was told that this means no benifits and no taxes taken out of his check. He agreed to those terms and signed the contract, however he was used as an employee. He worked 9-5 Mon - Friday under their supervision. He was never treated... View More

Linda Liang
Linda Liang
answered on Oct 18, 2024

Because your husband has been working 9-5, he is an employee, even though the employment agreement calls him an independent contractor. He is owed benefits.

As far as firing is concerned, because Florida is an at-will state, meaning both employers and employees can terminate the agreement...
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1 Answer | Asked in Contracts, Land Use & Zoning, Landlord - Tenant and Real Estate Law for Florida on
Q: Hit by Milton and no access back to MHP. I own home, but lease the lot. No power b/c flooding. Is rent still due?

9 days without power, plumbing, trash service, etc. Duke Energy cannot reestablish power until water recedes and could take weeks according to their notice.

Linda Liang
Linda Liang
answered on Oct 17, 2024

Most likely yes. Your obligation to pay is described by the lease, which is between you and your landlord. The inconvenience was not the landlord's fault. It is unlikely the lease provides the landlord should waive the rent.

1 Answer | Asked in Contracts for Florida on
Q: Can a hotel, keep your deposit without showing you proof of damage. Even after they denie you with proof of damage.

They told me p had pictures of the damage. And told me theses words no pictures no refound case closed . From the district manger ,when I requested to see the pictures.

Erik A. Perez
Erik A. Perez
answered on Oct 16, 2024

In order to claim the deposit there must be damages. The hotel cannot simply claim it for the sake of claiming it. As it relates to disclosing photos of the damage, I do not believe there is a requirement to disclose them upon request. However, if you file suit, you can request the photos through... View More

1 Answer | Asked in Personal Injury, Consumer Law, Contracts and Civil Litigation for Florida on
Q: Is it illegal to record your conversations with a car dealership in person without notifying them? In a 2 party state.

If I ask them to read the contract I signed for me. Can I secretly record that without telling them. If it’s not possible. Should I just go and inform them I’m recording. Even though they might get suspicious and lies.

Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

Under Florida Law, recording someone without their knowledge or consent is a 3rd Degree Felony. Don't Do It.

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