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Florida Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Business Law for Florida on
Q: Can I sue?

i used to buy and sell auctioned storage units. i used to bid on the units on a site called storage treasures.com on September 22 2022 I won the auction and I went to go pick it up at the facility when I picked it up they informed me that if I do not clear the unit within 24 hours or the same day... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 24, 2023

Answer to first question: Probably yes, depending on the terms of agreement. To second question: If the amount claimed is 8,000 or less, you would file in small claims court to seek the amount claimed plus court costs.

2 Answers | Asked in Contracts for Florida on
Q: Do contracts apply retroactively to work done in the past?

I started work with a business coach/consultant 3 months ago. When I joined his group program, he didn't have me sign a contract. Yesterday, he sent me one over to sign finally, and I did. Today he removed me from his program. Does the contract apply retroactively to the work we have already done?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 23, 2023

No, unless the contract specifies that it applies to previously completed work, it doesn't apply to that work.

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1 Answer | Asked in Contracts for Florida on
Q: Manager signed trash contract since 2012. He quitted recently. It's responsible to pay building trash service?

Manager doesn't own apt building. Recently third party changed new building property management

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 22, 2023

It's unclear what you are trying to ask, but if the manager signed the contract on behalf of the apartment building owner, the owner may well be still obligated under the contract and therefore have the duty to continue paying.

0 Answers | Asked in Contracts and Consumer Law for Florida on
Q: What can I do when my package forwarding company has been overcharging me for shipping for 2 years now?

For 2 years, I've been using a package forwarding company called MyUS.com (Florida) to consolidate packages when I do online shopping in the U.S. and have them ship 2-3 large boxes here to Japan. I just realized they make me pay a higher price for shipping at the point when I make a shipping... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Florida on
Q: Am I able to cancel a Medspa loan if services were not performed?Medspa was emailed within 3 bus days to cxl agreement.

The lender (Cherry Tech) states the medspa was paid regardless of whether I received services, and all cancellations must be approved by the medspa, who does not reply to any of my emails, texts, voicemails, msgs. I have been sending cancellation notices weekly for the last two months, no responses... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 21, 2023

This is mostly a matter of the terms of your contracts with the service provider and the lender. Schedule a consultation with a lawyer in your area who handles consumer law or breach of contract cases, so that the lawyer can review the contracts and the entire situation. A contract can be a... Read more »

1 Answer | Asked in Civil Litigation, Small Claims and Contracts for Florida on
Q: Can I sue remitly for not delivering money on time ? And for all the hardship caused to the receiver, and all the stress

Can I sue remitly for not delivering money on time ? And for all the hardship caused to the receiver, and all the stressed they caused me dealing with agents and supervisor in some others country that don't even speak English correctly to understand what they say... I escalated the issue and... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 12, 2023

The first issue here is whether Remitly breached its contract with you. You agreed to a set of terms and conditions, probably by clicking on a box on-line. You must read those terms and conditions. They might contain waivers of liability for delays, and they probably contain language on... Read more »

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: Is a roofing contract valid if the roofing rep who signed the contract is no longer an employee of that company?

The contract was initiated 2 years ago and we finally got settlement through litigation from the insurance company. In the mean time the representative of the roofing company is no longer employed by them...we don't know if he ever had signing rights for the company. He tried to get us to use... Read more »

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Mar 14, 2023

The factual scenario of this question suggests that the construction agreement in question was an "assignment of benefits" contract wherein you as the homeowner contracted with the roofing contractor and assigned insurance benefits to it. Florida law on AOB agreements was significantly... Read more »

0 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Is it legal for a property manager / rental realtor to discuss my credit report with my partner “not married”?

We both applied to the same home. Separate applications.

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: What remedies available to seller if title company did not pay & 30 days has lapsed & no proof of payment or tracking no

Seller sold property and title company handle closing. On Feb 7th 2023 title company assured seller that a Cashiers Check was Prepared and sent to him via regular mail.

30 days has elapsed and seller did not receive his check nor can the title company provide copy of Cashiers Check or a... Read more »

Jane Kim
Jane Kim PRO label
answered on Mar 8, 2023

There are legal remedies available, of course.

The title company must follow the acceptable accounting principles, applicable Florida Statutes and the Florida Administrative Code to maintain accurate records of their financial transactions, including records of all escrow transactions, and...
Read more »

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2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Our case was never heard and no mediation, the judge issued a default to plainiff.

How can a judge issue a final judgement without giving us a chance to present the case? The owner along with a tenant contracted for construction to the rental unit. All invoices presented by contractor were paid. Owner was later presented with a bill from a subcontractor, no contract or... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 7, 2023

Sounds like the default was entered due to someone's error, which may have been made due to failure to consult an attorney. In small claims court, an LLC does NOT need an attorney to represent the LLC if the proper documentation is prepared to authorize an eligible person to engage in the... Read more »

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2 Answers | Asked in Contracts and Construction Law for Florida on
Q: Owner/tenant contract w/GenCon. All invoices paid, owner sued for unpaid inv. from subCont., default win due to error?

The owner disputed and file a motion to dismiss as all invoices presented by the General Contractor was paid. The owner submitted copies of the contract and all payments made. Due to a missing defendant's name in the power of attorney letter (for property manager), the case was never heard... Read more »

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Mar 14, 2023

When a default judgment has been entered, in this case presumably by the judge and not simply a clerk's default, it is long past time for the property owner to obtain actual legal advice from an experienced construction litigator as to the specific facts of this matter. There may be grounds... Read more »

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: If I am refused reasonable accommodation request at apartment what is my recourse?

I am a paraplegic confined to a wheelchair and they have "half assed" this request as if they have no consequences for doing so.

They have begun a surreptitious attempt to make complaints against me in retaliation. Please help.

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 6, 2023

My advice is to consult an attorney who has experience with, or focuses his or her practice on ADA issues.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Can we have a lawyer make a contract to pay off the rest of the mortgage amount just between us and a mobile homeowner?

Basically, a lot of lenders do not want to give out loans for mobile homes. So as a solution, we want to have a lawyer create a contract between us and the owner of the mobile home so we pay him the deposit immediately. but pay off the rest of the amount with interest monthly. just like a bank but... Read more »

Jane Kim
Jane Kim PRO label
answered on Mar 3, 2023

Of course it is possible and advisable. A lawyer can advise you on the type of document needed, and it will depend on whether your mobile home is considered real property. Regardless, it can either be a mortgage or chattel mortgage, or a note to repay debt.

It is a good thing you asked...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Products Liability for Florida on
Q: Our pharmacy in FL was burglarized by the alarm company’s tech in 2017. One was caught and sentenced, can we still sue?

The alarm company we hired to install cameras and security system sent out a tech to do the install, that tech later robbed the pharmacy with a help from another person. That second person was caught and sentenced and police immediately knew it was the alarm company’s tech because upon reviewing... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 23, 2023

The Fla. Limitations period for negligence suit is 4 years from either the date of incident or from the time the damage was discovered. Either way, the time is probably up for an action based on negligence, such as negligent hiring or negligent retention. I say "probably" because this... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can I sign a lease in FL and decide to break the contract and never move in

This is a short term lease for 3 months.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 2, 2023

Sure, obviously you can breach any contract if you want to be exposed to liability for doing so. If you have a meaningful question, please phrase it in a way that makes sense.

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1 Answer | Asked in Contracts for Florida on
Q: Can an HOA be split into 2 HOA's with less than 100% agreement of the residents?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 27, 2023

It depends on the language in the HOA documents, which we cannot review in this online forum. You would need to consult with an experienced HOA lawyer to review the documents and advise you.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: What would be the estimated cost (legal & governmental) to divide a current HOA into 2 separate HOA's ?

Manatee county, Florida. Background: HOA of 99 residences, 66 single family homes, 30 villas, with dissimilar services, separated by a county highway. HOA Board controlled by SFHs. Services denied or delayed by HOA Board to the villas.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 27, 2023

It depends on the language in the HOA documents and any shared amenities. It's impossible to say how much it would cost because it would likely require litigation if the board is not in agreement. It could cost anywhere from tens of thousands of dollars to up to $200,000 or more if it goes... Read more »

1 Answer | Asked in Contracts, Divorce and Family Law for Florida on
Q: Is there a statute of limitations on recording a person without their consent?

My ex-husband has been recording our conversations and sending them to his friends

Is there a statute of limitations? It's been four years.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Mar 3, 2023

Under Florida recording law, (two-party consent law) secretly recording individuals without their knowledge and consent is illegal. If someone have any audio recordings of you that you did not consent to, they can be criminally prosecuted. This can be a 3rd Degree Felony offense, punishable by up... Read more »

1 Answer | Asked in Contracts for Florida on
Q: Do I have a case if my father signed over a house I was buying from him to my brother without notifying me

I have a noterized contract with my father ,me SNF him argued and he signed house to my brother free and clear I want the money I have put into the house back since he do e this with no notice

Charles M.  Baron
Charles M. Baron
answered on Feb 23, 2023

Sounds like you do have a valid potential claim for breach of contract, and even if not (for example, if the contract was not properly written), you may have a valid potential claim regarding the work you put in. Consult an attorney in your area who handles real estate litigation or general... Read more »

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