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Florida Contracts Questions & Answers
2 Answers | 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.

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2 Answers | 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

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1 Answer | 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

James L. Arrasmith
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answered on Apr 11, 2025

That sounds incredibly frustrating, especially since you’re not asking to return the car—just to have what was promised in the first place. Even though the car was sold “as is,” the dealer’s admission that they knew the catalytic converters were missing could fall under misrepresentation... View More

1 Answer | 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

James L. Arrasmith
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answered on Apr 11, 2025

That’s incredibly frustrating—especially knowing there are no liens and yet your money is being held up with no explanation. If Archer Systems is managing a portion of your settlement for lien checks and you're not getting any communication, that delay can feel unfair and even suspicious.... View More

2 Answers | 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.

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1 Answer | 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?

James L. Arrasmith
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answered on Apr 11, 2025

That’s a frustrating situation, especially when you were acting in good faith and the project can’t move forward due to something outside your control. If the city won’t allow the fence to be installed in the agreed location, that changes the core terms of the contract and may give you the... View More

2 Answers | 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.

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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

1 Answer | 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

James L. Arrasmith
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answered on Apr 12, 2025

Florida Real Estate Contract Analysis

The brevity and incomplete elements in your Florida real estate contract raise legitimate concerns about its validity and compliance with Florida's real estate transaction requirements. While Florida contract law does not mandate a specific...
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2 Answers | Asked in Consumer Law, Contracts and Real Estate Law for Florida on
Q: Can I sue for unresolved flooring defects under warranty in FL?

In October 2024, I notified the company of a defective section of flooring in my house under warranty. The warranty covers repairs and replacements for one year. Despite numerous telephone conversations—eight in total, with the last on March 4, 2025, when the manager assured me that repair work... View More

Erik A. Perez
Erik A. Perez
answered on Mar 17, 2025

You may pursue a claim for construction defects and other causes of action that may apply. However, you must first comply with the pre-suit process under the statute which requires that a notice and opportunity to repair be provided to the contractor. Chapter 558 specifies "the notice of claim... View More

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1 Answer | Asked in Business Formation, Business Law and Contracts for Florida on
Q: Dissolving a short-term rental business partnership without agreements in Florida

I started a short-term rental business with my boyfriend in a house he owns after he moved into my home. I set up and ran the business for over three years under an LLC we formed, though there were no written agreements. I contributed personal property and managed everything, including bills from... View More

James L. Arrasmith
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answered on Apr 12, 2025

Since there are no written agreements, the situation can be more complicated, but you still have rights based on the contributions you’ve made. In Florida, even without a formal agreement, the law may recognize your contributions in both property and labor. Since you’ve managed the business,... View More

3 Answers | Asked in Business Law, Contracts and Civil Litigation for Florida on
Q: Can I claim damages for a former employee selling for competitor while employed?

I had a Project Manager/Sales Rep who resigned in December. We have evidence that they accepted a position with a competitor back in August and were promoting and selling our competitor's products to our current customers while still employed by us, receiving benefits and having expenses paid... View More

Erik A. Perez
Erik A. Perez
answered on Mar 17, 2025

You may have a claim for damages under a theory of tortious business interference. To establish a claim for tortious interference with a business relationship in Florida, a plaintiff must demonstrate the existence of a business relationship, the defendant's knowledge of that relationship,... View More

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Florida on
Q: Need help defending business lawsuit in FL

Hi, I need legal help defending my business in a lawsuit in Hillsborough County, FL. We do not have a contract with the plaintiffs; the work was completed for prior homeowners. The roof passed inspections and had no complaints before the property was sold. The alleged issues might have been caused... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s important to respond to the lawsuit before a default judgment is entered. Since you’re facing financial challenges, you can start by filing a response to the court as soon as possible to ensure you don’t miss the deadline. This typically involves preparing an answer to the complaint and... View More

2 Answers | Asked in Business Law, Contracts and Real Estate Law for Florida on
Q: Am I entitled to half the proceeds from selling a jointly owned home in Florida after 16 years with no formal agreement?

My life partner and I were together for 16 years, and we recently sold our home of 12 years located in Fort Pierce, Florida. She used her 401(k) funds to pay for the home initially. Although we did not have any legal agreement regarding ownership, we split everything else. Both our names were on... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 14, 2025

Only if a judge says you are. Why weren't the sales proceeds issued in both names, since both names were on the title?

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2 Answers | Asked in Contracts and Employment Law for Florida on
Q: Can I resign through an attorney under a verbal contract in Florida?

I am an employee working under a verbal contract to teach in Florida, and I recently threatened to resign through an email to my employer because I am frustrated. Can I have an attorney handle my resignation on my behalf, and are there any implications given that my contract is verbal?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2025

If you want, you can either pay an attorney to write such a letter or write it yourself. It is unclear what you mean by "implications". Your employment is "at will"; writing a resignation letter or simply walking off the job has the same effect: you would no longer be employed.

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1 Answer | Asked in Contracts, Civil Litigation and Real Estate Law for Florida on
Q: How can I ensure ownership of a gifted shed after a breakup?

After my ex-boyfriend and I ended our relationship, he verbally agreed that I could keep a shed that his sister had initially gifted to both of us. I contributed financially to relocating the shed and have since invested in significant upgrades, such as adding electricity, insulation, and interior... View More

James L. Arrasmith
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answered on Apr 12, 2025

That’s a tough spot to be in, especially when emotions and property are tangled together. Since you’ve put money and effort into moving and upgrading the shed, you’ve got a strong claim to it—even more so with a witness to your ex’s verbal agreement. Documentation like receipts, photos of... View More

1 Answer | Asked in Construction Law, Contracts and Business Law for Florida on
Q: Can I request a refund after Presidential Pools' ownership change affects service progress?

I signed a pool construction contract with Presidential Pools in Orlando, FL, in October 2024. They initially promised permits in 6-8 weeks and completion by April, but there's been no progress or communication. I've discovered the business is being sold, and their reviews have declined.... View More

James L. Arrasmith
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answered on Apr 12, 2025

That’s a frustrating situation to be in, especially when you've trusted a company with such a major investment. If the company hasn’t followed through on their timeline and hasn’t communicated with you, you have every right to question their commitment and seek accountability. A change... View More

2 Answers | Asked in Construction Law, Arbitration / Mediation Law and Contracts for Florida on
Q: Advice needed on contractor breach and arbitration in a fixed-price renovation contract in Florida.

I have a fixed-price construction contract in Florida for a $78K renovation. We signed it several months ago, and permits were just obtained three weeks ago. Now, the contractor demands an additional $22K due to increased subcontractor costs and refuses to proceed unless I agree, despite the... View More

Erik A. Perez
Erik A. Perez
answered on Mar 13, 2025

1. Does the contractor’s refusal to proceed at the fixed price constitute a material breach under Florida law? It may, as you mentioned the price is fixed. However, the contract may contain exclusions or exceptions. The terms of the contract would have to be reviewed.

2. What...
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2 Answers | Asked in Landlord - Tenant and Contracts for Florida on
Q: What risks should I consider before signing a release form in an eviction case?

I received a judgment related to an eviction, and I have been complying by making payments to the court. My landlord has requested that I sign a release form, which I believe affects my payment arrangement with the court and my eviction status. I'm concerned about the potential risks of... View More

Erik A. Perez
Erik A. Perez
answered on Mar 13, 2025

YOU SHOULD NOT SIGN IT WITHOUT HAVING AN ATTORNEY REVIEW IT. There are several pitfalls and clauses that can be in a release that may negatively affect you. You should consider all of the clauses in the release and what you are releasing. You may not need to release certain claims. Also, you should... View More

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3 Answers | Asked in Business Law, Contracts, Civil Litigation and Personal Injury for Florida on
Q: My daughter's boyfriend traded her car without her knowledge and took the upgraded car in his name without reimbursement. What legal action can she take in Florida?

My daughter's boyfriend traded in her car for an upgrade as a "surprise" without her knowledge. She owned the original car and signed no paperwork for the transaction, and the new car was in his name. They've broken up, and he took the car, promising to reimburse her for the... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Mar 13, 2025

I guess the real "surprise" was when the now ex-boyfriend drove off with the car he had ostensibly bought for your daughter. You question has many issues, but at its core, if the boyfriend used the car belonging to your daughter as partial payment for the new car, he is most likely guilty... View More

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