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Florida Contracts Questions & Answers
2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can the property manager charge me $500 more to move in when it's not on the welcome letter or outlined in signed lease?

Landlord says I need to pay $3000 to move in, but the deposits, pro-rated rent, first month's rent, community's fees, pet deposits and pet rent do not add up to $3000. Instead, it adds up to $2500. I asked the property and they said I'm forgetting pet fees and the math is right.. but... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 2, 2024

You seem to have answered your question yourself. You are basically asking if the other party to your contract (the overall deal you made) can add a charge that you did not agree to, for no reason. Of course not. I suggest you give the landlord your written itemized figures and ask if you're... View More

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1 Answer | Asked in Contracts for Florida on
Q: If my name is on a deed to a house in Connecticut, can it be sold without my signature?

I looked the house up on line and seems my name is not there as Co owner....is that not illegal to take my name off the deed without my knowledge?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 24, 2024

Perhaps someone forged your identity. But you should contact a Connecticut attorney to look into it.

1 Answer | Asked in Contracts, Identity Theft and Small Claims for Florida on
Q: This guy is using me for money what can I do
Charles M.  Baron
Charles M. Baron
answered on Feb 23, 2024

You need to pick up the phone and call a lawyer. Look for a lawyer in your area who handles general practice. Justia has "Find a Lawyer" tab on the top, and you can try the Florida Bar Lawyer Referral Service.

When you do call, you need to be specific about who is using you...
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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Am I possibly allowed to take Paypal to court after neglecting a compromise in my account and charging my removed card?

So it began yesterday morning at roughly 1:30 AM EST, when my account password was changed, so I had went back in and changed it. Little did I know, someone had been logged into my account, and Paypal (assumingly) did not log them out, after they copied my card numbers and then purchased an online... View More

James L. Arrasmith
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answered on Feb 23, 2024

Yes, you may have grounds to take PayPal to court if you believe they neglected a compromise in your account and mishandled your dispute regarding the unauthorized transaction. PayPal has a responsibility to ensure the security of their users' accounts and handle disputes fairly and... View More

1 Answer | Asked in Contracts for Florida on
Q: Hi, we purchased a home and 7 days after closing we found that septic is not draining. Is the seller responsible?

We had it pumped so it will last about a month until it will stop draining. We can’t shower, flush toilets or wash clothes. Seller agent says they didn’t know.

Linda Liang
Linda Liang
answered on Feb 13, 2024

Is it something discoverable during inspection period of your purchase? If it is, you can't hold the seller liable, unfortunately.

1 Answer | Asked in Contracts for Florida on
Q: Hi there I have a question, my husband has put an offer on a ranch, and Put our house for sell, I have not signed any

Documents, and we have a closing on Friday, I do not want to sell my house and I do not want to move. What are my legal rights? Thank you Carlie Gintoli.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 7, 2024

If you don't want to sell, don't sign anything at the closing.

2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Municipal Law and Civil Litigation for Florida on
Q: how many days do i have to answer a motion to compel discovery or any other motions? is there a statute or rule?

in florida collier county civil?

James L. Arrasmith
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answered on Feb 4, 2024

In Florida, the time you have to respond to a motion to compel discovery or other motions generally depends on the specific rules of the court in which the motion was filed. However, as a general guideline, you typically have 20 days to respond to a motion in Florida's state courts. This... View More

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1 Answer | Asked in Contracts, Employment Law, Business Law and Employment Discrimination for Florida on
Q: Is a person who receives a 1099 as an independent contractor. Liable For non compete by law? I did sign one

I had my own LLC while working for the company.

In question also own my own vehicle. It is a taxi driving job. I have my own car and my own business license. Period I just paid them part of my wages for dispatch services that's it

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

Yes, if you signed a non-compete agreement, your LLC would be precluded from competing with the other party.

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: In Florida, what is the legal definition of a gated community?

We have a front gate but a big section of our community does not have a barrier separating it from surrounding areas. We are trying to figure out whether or not it was false advertising and the builder is responsible for providing the additional barrier needed to gate in the full community or if... View More

Jane Kim
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answered on Jan 21, 2024

There is no specific definition about that. You may want to review your PUD (Planned Unit Development) documents filed with the county and your HOA governing documents, to determine if the final community reflects the governing documents.

It also depends what you are trying to get at...
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1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: Can I still file a Motion to Enlarge Time to File Response if Plaintiff's attorney has said they wouldn't approve?

Can I just file it with the court, or does opposing counsel have to approve/accept it?

I asked them for a 30 day extension so that I can find adequate counsel and they said they wouldn't allow it.

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 18, 2024

Yes, that's your only option. Either you or the plaintiff's attorney can set your motion for hearing. "I need more time to find an attorney" is generally not a good reason for the judge to grant your motion. My suggestion is to file your motion, and be working real hard to hire... View More

1 Answer | Asked in Contracts for Florida on
Q: I bought a car but it was totaled before we got and weren't aware of it
Charles M.  Baron
Charles M. Baron
answered on Jan 17, 2024

This is a Q and A forum, but you didn't ask a question. Also, if you're question is what legal remedies might be available, more facts would be needed about the sale, such as the terms of sale, whether there's a written contract, whether the car was sold "as is", whether... View More

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: Is my lease still valid if I signed 8/2023 come to find the company’s LLC dissolved in 9/2022?

I am having to move and they are saying I have to pay remainder or rent for 6months including my deposit, have heard shady stuff about the company so I did a quick search and found this out. I’m in Orlando, Florida

Jane Kim
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answered on Jan 7, 2024

It depends how the lease was signed. Also, the LLC may not be the right party to the lease but the terms may inure to an individual. You need to read the lease to understand more. Basically, they shouldn't be creating new terms, and you shouldn't be unjustly enriched because the LLC... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: One year term - monthly home lease in Florida without exit clause. Can it be broken without paying for the full year?

Elderly couple on fixed income selling their home in Florida with an August 21, 2023 closing date. They were required to be out of the home prior to the closing date. On July 13th they leased a residence based on a one year term, monthly payment lease and moved in. The lease had no "early exit... View More

Timothy C Martin
Timothy C Martin
answered on Jan 19, 2024

A signed lease is a legal contract between the parties. In this situation, the elderly couple signed a one-year lease, so the landlord can hold them responsible for it. If the lease allows, the unit could be sub-let to another renter, but the couple will be responsible for rent until that happens.... View More

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: BANK CANCELS CAR LOAN CONTRACT DUE TO LATE FIRST PAYMENT OF 14 DAYS. IS THIS A REPO AND HOW ?? ARTICULE 9?

NOW....THE DEALER EMAILED ME AND WANTS THE CAR BACK DUE TO BANK REQUESTING BUYBACK TO DEALER AS I DEFAULTED ON THE FIRST PAYMENT.

NOW.....

CAR GOES BACK TO DEALER,

DEALER GIVES WESTLAKE BANK THE MONEY BACK,

CUSTOMER LOSES 3K DOWNPAYMENT.

THE CAR PRICE WAS... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 6, 2024

Did you agree to terms that let them take advantage of you as you describe, or not? Read the contract terms on the remedies granted to them when the buyer is in default, and determine if you agreed to whatever those are. If unclear, or you think they are violating the terms or that you did not... View More

1 Answer | Asked in Contracts for Florida on
Q: Signed contract but was told different information

When signing a contract at this gym I was told there would be a $100 cancellation fee, now I am attempting to cancel and they are making me pay 50% for the remaining months

Nicole Deese Newlon
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answered on Jan 5, 2024

Often there is a provision in a contract that says verbal representations (what they say to you outside of the contract) are not controlling and the terms of the written agreement are controlling. Does your contract with the gym say that it would be 50% for the remaining months? If so, it may be... View More

1 Answer | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: ASSISTED LIVING FACILITY- annual increase amount notice received. no mention of re-categorize unit and charge more money

my father lives in an assisted living for 2+ years. The resident agreement states they can raise the rent annually and also make a cost of living adjustment annually. In addition, they can raise the rates on the nursing services. Written notice 30 days prior. We received a notice on 12/1/2023 that... View More

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2024

A Florida attorney could advise best, but your question remains open for two weeks. A starting point could be to make another request for an explanation. If you contemplate disputing, you could check the agreement/contract as to any provisions for the resolution of disputes (arbitration, courts of... View More

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: I have two project contracts direct with an owner of a building. Can I file one lien for both or do I need to file two?

We are an Engineering company who contracted directly with the owner. No NTO was sent.

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Dec 19, 2023

In general, when a person entitled to record a construction lien is in privily with the property owner, no notice to owner is required as a precondition. Again, in very general terms, the right impose a construction lien is based upon services performed under the contract's particular scope... View More

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: Unfinished work that was paid for and no response from pool builder

I am currently facing a situation with a pool construction company, Holiday Pools, that has refused to communicate for over 30 days and has not finished the pool construction as agreed. What legal steps can be taken in this scenario, and what options are available to address this issue?

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Dec 19, 2023

Unfortunately, you are in similar shoes to many in Florida who find themselves dealing with pool contractors who may have over promised, under performed, and often the homeowner finds themselves with a big hole in the ground and not much else.

The further unfortunately, is that while...
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1 Answer | Asked in Contracts for Florida on
Q: Can I post a negative review online without being sued by the company.

Hello,

I needed a realtor to find me a quiet piece of property that was on a dead end road. An owner of a realty company in Spring Hill, Florida said he would work with me if I paid him $1,175.00 dollars for a one year contract which I did. I only received listings for the first 6 months... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 18, 2023

You could only be successfully sued if your review were libelous (i.e. untrue and damaging to his reputation). He would probably find it difficult to prove money damages. Have you contacted the Florida Real Estate Commission?

3 Answers | Asked in Consumer Law, Contracts and Health Care Law for Florida on
Q: I was a patient at South bay medical and found out they closed but the treatment never worked 17 times $4500.00 what can

I do about this I'm paying for something that did not help and there was several others the same thing

James L. Arrasmith
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answered on Dec 14, 2023

If you received treatment at South Bay Medical that was ineffective, and you've incurred significant expenses, there are a few steps you can take. First, gather all relevant documentation related to your treatment, including any contracts, receipts, and records of your visits and the... View More

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