Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Real Estate Law Questions & Answers
0 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Lease move out fees. Moved out on same day as move in.

I signed a lease agreement and moved out on the same day as move in. The home had a leak coming from the tub and it was leaking in all three bedrooms. Maintenance could not come out until the next day. I had movers remove all my boxes the next day and sent them a notice to vacant. My question is... View More

1 Answer | Asked in Real Estate Law, Insurance Bad Faith, Insurance Defense and Probate for Florida on
Q: i went through probate trying to get the documents from this case it says not available to view. can I get my records

i went through probate i am trying to get the documents from this case, it says not available to view. how can I get my

records.

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 7, 2024

You will have to ask your attorney for copies, or you will have to contact the clerk of the court and request and pay for copies of the documents that you need.

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: Lady rented me a house with lots of hazards, We have been addressed them slowly but i at this point i want out of lease

So many hazards ... this woman did not inspect her house before renting it to me. live electrical wires exposed, cockroaches, damaged putrid dishwasher, damaged refrigerator, septic tank clogged, reported the home had washer and dryer when it didnt (it had the PLUGS for it...).... i cant trust... View More

0 Answers | Asked in Family Law, Foreclosure, Real Estate Law and Probate for Florida on
Q: My Dad passed in 2018.House was paid off.Step mom did a reverse mort and then died. The house just sold.No will.Now what

Pinellas County Clerk of the court case#23-008034-C1

My step mom got re-married. She had me sign something after my Dad died that I assume was for that reverse mortgage but only showed me the last page of a huge document. I have never been mailed any documents during this entire mess from... View More

0 Answers | Asked in Real Estate Law for Florida on
Q: How can I get my house back

I let a friend move in since then she has quick deeded my home in her name the paper says I showed a driver's license and signed in front of notary,I did not, I knew nothing about it until recently

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: Sister is living in mom’s (deceased) home and she wants 2 other siblings that don’t live ther to pay 1/3 of the mortgage

My sister, her children and their father live in the home that our mother (deceased) owned. My sister wants our brother and I to pay 1/3 of the mortgage even though we don’t live there. She also wants us to be equally responsible for any and all repairs. What is fair in this situation? Should we... View More

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

The home needs to potentially be probated, the most recent deed needs to be reviewed, but likely a probate related to the home needs to be done. Anyone living in the home should be paying FMV rent and paying the expenses while living there, the potential taxes could be split into 1/3. Ultimately... View More

View More Answers

1 Answer | Asked in Consumer Law, Real Estate Law and Elder Law for Florida on
Q: St Augustine Florida 55+ Community sold as a Gated Community. Now CDD developer gave access through gate for apartments

Rental apartment complex is not part of our community. Construction is causing grief and trouble with residents. They feel that our community will not be as safe and secure as promised by builder and the construction is causing traffic and damage to our common area. Elder residents don't... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 30, 2024

You and your neighbors can gather a big pot of money and go looking for a law firm to take up your cause.

0 Answers | Asked in Real Estate Law for Florida on
Q: What are my protections when selling my portion of parents estate to my sibling? He will pay me over 7 year period.

I am concerned about what happens if he dies or sells the home before the 7 years of payments are made.

The estate is in Georgia. I live in Florida and the brother and a sister live in Georgia.

0 Answers | Asked in Real Estate Law for Florida on
Q: Selling an inherited property. How is the executor supposed to be reimbursed for estate expenses?

I am the personal representative named in the will. The will was admitted to probate and a summary administration order was entered in 2023. There was never anything in the "estate" - except the house, which is a homestead property. The reason probate was required was to have the court... View More

1 Answer | Asked in Real Estate Law and Municipal Law for Florida on
Q: i also served interrogatories and they gave "fake" answers .can i reserve the interogatories again.

it is a public official that knows the answers but does not want to give the answers just to be difficult and uncooperative/

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024

Usually you move the Court to compel the party to answer the interrogatories. If an order issues and is not complied with, then you ask the Court to hold him in contempt.

2 Answers | Asked in Real Estate Law for Florida on
Q: Am I to assume a debt of $54k for solar panels that were not disclosed when I put an offer on the property?

I am in the mist of buying a house Cash in Polk County, FL. The house is $322k. I am to close on the property Sep. 2nd. However, 4 days ago, I was made aware that the house has solar panels that are leased to own. The balance remaining is $54k to be paid at $143.66 a month. The realtors on both... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 21, 2024

It appears that the prospect of this solar company having the authority to place a lien on your house was a material fact that the seller had a legal duty to inform you about. If a seller fails to disclose a material fact during contract negotiations, then the buyer can sue for recision. This is... View More

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: What type of attorney/agent would I look for to assist me in finding properties suitable for an outdoor shooting range?

My main concern is finding a property that is suitable and sustainable long term. Due to the legal nature of outdoor shooting ranges, professional help is needed to identify potential properties.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 20, 2024

You probably don't need some sort of specialist. You, your realtor, or agent should check with the zoning or building code office in your area.

1 Answer | Asked in Real Estate Law and Municipal Law for Florida on
Q: filed a motion to compel, defendant filed a response to motion to compel, I do not agree what can I do?

i also served interrogatories and they gave "fake" answers .can i reserve the interogatories again. it is a public official that knows the answers but does not want to give the answers just to be difficult and uncooperative/

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2024

You will have to argue your Motion in Court...

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Florida on
Q: What happens to a mortgage after mortgagee has passed. Thank you

Thank you for reading my question. What happens when a mortgagee has passed? Is the mortgage paperwork redone so the beneficiary of the property becomes mortgagee, or can it be left as is, with the original mortgagee? Thank you for any advice.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 19, 2024

The death of the mortgagee doesn't really make any difference to the holder of the mortgage. As long as the payments are made on time, there should be no problem. If the mortgage note is not paid on time, the holder of the mortgage can foreclose.

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Florida on
Q: What is the process for transferring property in Florida? Thank you.

I appreciate advice about the transfer of a property. I was told a warranty deed is needed. I think it may be a new deed that is being prepared. How can I tell if it is done correctly? Thank you so much.

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2024

Transfer of property in Florida does not need to occur via Warranty Deed. In order to transfer property in Florida, there are three main types of deeds: i. Warranty Deed, ii. Special Warranty Deed, and iii. Quitclaim Deed.

i. Warranty Deed: Provides the highest level of protection,...
View More

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Florida on
Q: Does warranty deed need signatures of both trustees? Thank you.

Thank you for reading my question. My father passed recently. His lawyer and I are both trustees for his Trust. I need to transfer his house into my name. Lawyer 1 is suggesting only I should sign the warranty deed. Lawyer 2 is stating we both have to sign, since we are both trustees. I appreciate... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2024

Read the Trust declaration as amended for requirements of transferring trust corpus. Probably best to have all Trustees execute the Deed. Hopefully the Deed to the Trustees gives them the power to convey without explanation. If not, the title may be clouded later.

0 Answers | Asked in Real Estate Law and Municipal Law for Florida on
Q: Main waterline from meter runs under neighbor's property and sprang a leak. Whose responsibility is it to repair ?

The neighbor or me ? The line was there long before I bought my house and I had no idea it was where has turned out to be. Can I be forced to repair the leak since it runs to my meter or is it the neighbor's responsibility to repair since the roots of trees he planted near the line likely... View More

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: real estate homestead penalty

I received a mail from the Tax Collector that is 3 real estate homestead penalty from the government for 2021, 2022, and 2023 and amount total is $9,600. However, those years of my mortgage statement shows that the taxes were paid.

Do I need to go to the office of the property appraiser to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2024

First, carefully review your mortgage statements to confirm that the taxes were indeed paid for those years. Ensure you have all the necessary documentation showing the payments, including receipts or confirmations from your mortgage company. Sometimes, there could be an administrative error or... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for Florida on
Q: Can I sue a neighbor for breach of contract if he violates covenants that are part of the contract we all signed

HOA supposedly mistakenly granted a variance to a new neighbor for a fence that exceeds the allowed height for a conservation lot, that essentially drops my property value by the tens of thousands of dollars we are all HOA members that signed the same binding legal contract so why does he get to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 16, 2024

Yes, it appears that you can sue for an injunction prohibiting him from having a fence taller than 4 feet, if that is what the covenants prohibit.

1 Answer | Asked in Real Estate Law and Municipal Law for Florida on
Q: Orange County, Florida. Just learned main water line coming from meter runs under neighbor's property to my home. HELP!

Lines were there for over 20+ years unknown to me (possibly to him) when our houses were bought. Neighbor suddenly "discovered" a leak on his property next to but not under pavers and DIY turned off my water supply at the meter. Don't know if neighbor actually CAUSED the leak or how... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 15, 2024

It looks like you have a prescriptive easement. At any rate, you would not be waiving any rights were you to decide to repair the water line.

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.