Lawyers, Answer Questions  & Get Points Log In
Florida Contracts Questions & Answers
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

1 Answer | Asked in Contracts for Florida on
Q: My ex boyfriend co-signed on a vehicle for me while we were together. Who has rights to the car?

My ex boyfriend became very abusive so I left him. He is very vindictive and has started threatening to take the car from me. I made the down payment and have made every payment on the loan this whole time of ownership on the vehicle. He stated he’ll take it and not make any payments basically... View More

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

Schedule a consultation with an attorney in your area who handles general practice or civil litigation. A Court is very unlikely to make the lender accept you as sole owner/borrower. The most practical remedy might be sale of the car with payoff of the loan, and if your ex used or otherwise... View More

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Can we as an HOA legally stop an airbnb in Florida.

Our HOA discovered a home being used as an airbnb. Our CCR's don't specify against them but do against businesses restricting commerce, industry, business, trade or profession. Since Florida requires an airbnb to be licensed and our CCR's restrict businesses can we prohibit them?... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 12, 2023

First, I caution that if you are a board member, you have a fiduciary duty to ask this of your association attorney rather than strangers on the Internet who have not read your documents. If your HOA doesn't have one, it needs one. Board members cannot amend association documents because... View More

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Florida on
Q: Roofers put lien on both houses disputing payment what attorney/lawyer do I need

The original lien has charges totally different from papers delivered by sheriff. I've had dispute over charges for work not done but charged for with no response

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2023

You are describing construction lien law.

The issue in this area is that the builder or contractor does not usually pay any legal fees upfront because often lawyers take these cases on contingency. I find young lawyers taking more cases that they shouldn't. This creates litigation...
View More

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: The HOA has been engaging in selective enforcement. How do I close allow the HOA to take 17,000$ and return it later?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 7, 2023

You will need to repost your question because it does not make sense (sorry). Selective enforcement is a defense if you are being sued for violating the deed restrictions. I'm not sure what $17,000 has to do with that? It appears you have paid the HOA $17,000 and expect to get it back... View More

Q: I am purchasing land to establish a farm and I am told I need a lawyer, but I don't know what kind.

I need to have a purchase agreement with the seller to proceed with the FSA who is giving a farm loan to purchase the land 100%.

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

For the real estate transaction, hire a real estate lawyer. If you still need to set up your business entity for the farm, hire a lawyer handling business formation. You might be able to find a lawyer/law firm that does both. Another issue is whether your land is already zoned for everything you... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Florida on
Q: I invested in an apartment application, but unfortunately, my bad credit led to a denial. However, I managed to find ano

I invested in an apartment application, but unfortunately, my bad credit led to a denial. However, I managed to find another company that offered assistance in securing the apartment. Now, they have unexpectedly given me a tight deadline of 48 hours to come up with $5,000 or I lose the place. Is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2023

In Florida, the legality of demanding a quick payment like $5,000 in 48 hours for an apartment can be questionable, particularly if it wasn't clearly stated in the agreement you signed with the company. It's important to review any contract or agreement you have with them to understand... View More

1 Answer | Asked in Real Estate Law, Contracts and Elder Law for Florida on
Q: real estate broker added her name to a life estate deed without permission. Is there legal recourse?

The buyer ( an elderly disabled Vietnam Veteran), had agreed to a Lady Bird deed with the brokers father, but the broker switched it to a life estate deed and added her own name.

She was at the closing as a “friend” of the buyer.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2023

You are not clear about who the remainderman is. But you can probably sue to set aside the

Deed with a good FL attorney. But you will have to explain why you signed a Deed with the wrong grantees.

1 Answer | Asked in Contracts and Government Contracts for Florida on
Q: BLUF: Question about legality of pay cuts and avenues of action as a Contractor.

Say a large company wins the bid for a federal contract to provide Network/IT services to the military in Florida and offers you a position at say $86,000 along with a signing bonus or education benefits. However, if you take the sign on bonus or use those education benefits you are required to... View More

Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Nov 3, 2023

An attorney should review your contract to determine what rights they have to reduce your agreed pay and exactly what parameters surround the sign-on bonus and education credits. Like with many issues in contract law, it depends on what the contract says.

1 Answer | Asked in Contracts and Animal / Dog Law for Florida on
Q: Is there a remedy for refusing to return an animal as stated in a contract?

I have a purebred horse used for equine sports. We listed the horse for sale through a broker. A couple agreed to purchase through a “lease to own”. They wanted a one month trial at lease cost then full purchase price if they kept her. The month ended but they haven’t purchased or returned... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 1, 2023

I'm assuming you had your lease/sale arrangement in writing and signed by the couple, that you have demanded return of your horse in writing, and the couple has either refused to return her or has completely disregarded your demand. In that scenario, this likely constitutes a THEFT, so you... View More

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: My spouse and I singed a contract in February to have an in ground fiberglass pool installed. As per the contract we

We paid 4000 to start and 36,000 for the pool shell. The next payment would have been for pavers and then a payment to finish the job. However, we found out that the new owner was not a lisenced contractor and had used the old owners name and lisece on the contract. This was reported to the... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 1, 2023

I am sorry to learn of this truly unfortunate situation. Needless to say, there are many moving parts resulting from this complex fact pattern, including the property damage to the home, the damage to the existing shell and voiding of the warranty, never mind the fact this entity appears to have... View More

1 Answer | Asked in Contracts for Florida on
Q: Hello. I wanted to see if a document i have signed for my employer is binding and how it would work if employment ends

The document is exactly as follows.

"This serves to confirm that the company has incurred costs on your behalf for on-the-job training and certification. The value being $4,380.00.

The company will absorb these costs on your behalf should your employment with the company... View More

Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Oct 31, 2023

The wording is a bit vague but it does imply that you must take an action to end your employment for the moving expenses to be subject to refund. The reference to deducting from the last paycheck seems also to be poorly draft if this is less than your typical paycheck. A proper review of the... View More

1 Answer | Asked in Contracts for Florida on
Q: In Florida when the entire condo board of 64 units wants to resign. what are our options.
Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 29, 2023

You and your neighbors need to organize an election and elect new board members.

1 Answer | Asked in Contracts and Consumer Law for Florida on
Q: I signed a contract for an rv but then some weeks later got a letter saying the loan was not approved At that moment of

I signed a contract for an rv but then some weeks later got a letter saying the loan was not approved At that moment of signing contract i also sold them my car that has a payment still needed. They did not give me any paperwork that i signed with them one being power of attorney

They are... View More

Angelo "Tony" Marino Jr.
PREMIUM
Angelo "Tony" Marino Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2023

The devil is in the details. A lawyer will need to look at the agreement you signed. This sounds like a yo-yo sale, which means they sold you the vehicle and now want to renegotiate the loan. This is an unfair and deceptive trade practice. Very, very seldom is a dealer willing to let a vehicle... View More

2 Answers | Asked in Tax Law, Consumer Law, Contracts and Real Estate Law for Florida on
Q: does the court notify parties if there is a motion to dismiss and give an opportunity for a hearing or does an answer to

a motion to dismiss need to be filed with the court first? thank you

Angelo "Tony" Marino Jr.
PREMIUM
Angelo "Tony" Marino Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 24, 2023

The party filing the motion to dismiss must send all parties the motion to dismiss and the notice of hearing. This is usually done on the court's e-portal. Make sure you have signed up with the court's e-portal. If you are not on the e-portal, the other party should send it by mail to you.

View More Answers

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Florida on
Q: Can a condo board impose a special assessment for an expense that is specifically prohibited in condo docs?

Our condo docs state that the developer who retained the building, land and amenities, is responsible for 90% of repairs to property that isn't common. He wants us to pay 100% for the seawall damaged in the hurricane which is clearly his and blackmailing us by taking away amenity use which we... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 22, 2023

This is a question that goes beyond the scope of this forum and requires a lawyer to review your condo documents to provide advice. You will need to consult with a community association lawyer.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: How to tell if someone is a qualifying agent or just a rented license?

Let’s say I sign a contract with contractor A but permits are pulled by contractor B. Bs company is also listed on the permit not the company you signed the contract with. Is contractor B an actual qualifying agent or a “rented” license.

If contractor B was an actual qualifying agent,... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 17, 2023

In general, all qualifying agents' licenses should be publicly available on the DBPR's website, although there is the possibility that the application is in process or has not yet been posted due to administrative lag. While there is zero factual context for this question,... View More

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: Eviction in my rights with an oral agreement not being held up on homeowners end

Almost purchased to provide for my son and myself we were promised no rent until after my son graduated high school I was then shocked and surprised to find out they were selling the home because the potential new buyer had knocked on the door asking to come in and take pictures. I let them in they... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2023

In Florida, oral agreements, although harder to prove than written ones, can be enforceable. If you had an oral agreement with the homeowner about living in the property rent-free until after your son's graduation, and the homeowner did not uphold this agreement, you might have a defense... View More

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Tax Law for Florida on
Q: do interrogatories have to be served by sheriff or can they be emailed to the defendant or served on myfloridacourtacces

can the myfloridaccess.com be used to serve interogatories?

Charles M.  Baron
Charles M. Baron
answered on Oct 20, 2023

After initial service of process (serving of summons and complaint), there are only two permissible methods of serving ANY DOCUMENTS, including interrogatories (unless you obtain a court order allowing some other method): (1) sending a hard copy by mail or hand-delivery, or (2) using the Fla.... View More

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.