Ask a Question

Get free answers to your Contracts legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Contracts Questions & Answers
0 Answers | Asked in Contracts, Personal Injury, Health Care Law and Public Benefits for Florida on
Q: How do I tell if my short term disability allows me to work an at home job when I can't physically drive to my job?

I know to look for the "Own Occupation" Claus in my policy, I just don't know if I'm reading this right.

"Definition of Disability

You will be considered disabled if, as a result of physical

disease, injury, pregnancy or mental disorder:... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Florida on
Q: Yes I own and operate a junk removal business in Florida. Woman calls me to come estimate. a Junk Removal Job Heres the

Yes I own and operate a junk removal business in Florida. Woman calls me to come estimate. a Junk Removal Job Heres the rub Its ALL her mothers (Husband's) stuff. He has NO IDEA the women are moving against him to clear this out. I offered to assist in clearing out space to decide whats junk... View More

Erik A. Perez
Erik A. Perez
answered on Jan 14, 2025

I would recommend you have a waiver prepared and signed by the clients. The waiver should specifically waive all liability for you and the company for the specific issues that may arise. This will not give you 100% protection against a lawsuit, but will certainly put you in a better position to... View More

1 Answer | Asked in Insurance Bad Faith, Consumer Law and Contracts for Florida on
Q: Can I sue my GAP car insurance

My car was totaled on 11/29 car insurance paid $5,805.18 to my car loan leaving a balance of $1,346 for GAP to pay out. They denied the claim for “Unrelated Previous damage”. We believe the denial claim is forged by my car loan company due to when we called the GAP company a representative said... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2025

You can pursue legal action against your GAP insurance provider if you believe they wrongfully denied your claim. The fact that you received conflicting information - a denial letter citing "unrelated previous damage" versus a representative stating they're no longer paying claims -... View More

2 Answers | Asked in Contracts and Business Law for Florida on
Q: when our dog died my wife wanted to create a charity in his memory.We filed an llc but after 5 years have done nothing.

the only thing we do is pay fees every year to maintain the company. what happens if we stop paying these fees? There is no income nonprofits no nothing.

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 30, 2024

If you do not timely pay your annual fees and renewal the State of Florida will Administratively Dissolve your LLC.

Florida Statute 605.0714 addresses Administrative dissolution. You can also go to Sunbiz.org and you can file your Articles of Dissolution and pay a $25 fee and you can...
View More

View More Answers

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Contracts for Florida on
Q: How do we get out of a contract with ServPro and not pay the balance due, because they did the work wrong, needs redoing

They want us to pay off the original bill, even though the job isn’t done.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 29, 2024

Just refuse to pay. If they sue you, respond with the defense you have indicated.

0 Answers | Asked in Foreclosure, Consumer Law and Contracts for Florida on
Q: Can you sign a mortgage agreement with an entity that is inactive and then still

The entity needs that was on the mortgage agreement I didn't know until recently but that entity wasn't even active and I just found out a couple days ago that one year after I signed my mortgage agreement with them that same entity signed over a quick claims deed to themselves with an... View More

2 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

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

In Florida, a lessor can repossess a car without prior notice to the lessee, provided that the repossession is conducted without breaching the peace. According to Florida law, Lessor’s right to possession of goods., a lessor has the right to take possession of the goods after a default by the... View More

View More Answers

1 Answer | 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

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

Th explanation of the facts of the case is a bit confusing as I am unclear on whether you are an owner or tenant. Nevertheless, any overpayment on a purchase typically is reimbursed by the escrow agent. The terms of the contract should be reviewed to identify whether they address what needs to... 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

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
PREMIUM
Jacqueline Alicia Salcines pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2024

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

View More Answers

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...
View More

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

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.