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Florida Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: If you sell 2/3 of your home, where you have lived more than 2 yrs, can you use the $250K capital gain home exclusion

My mother passed away and the tile of her home was in my name, never hers. I have lived in that house for over 10 years. There is significant equity in the house and many other heirs. Two siblings and I want to keep/buy the home and share the proceeds with all heirs. If I sell 2/3 of the house and... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: My landlord leased the unit to another person after i gave written notice of my intent to extend my lease.

This is the clause in my lease "• B. Lease: This Agreement shall continue as a lease for term. The termination date shall be on (date) February 28,. 2025 at I I :59 PM. Tenant has the option to extend this lease for an additional year by written notice 30 days prior to termination."... View More

Fernando A. Prego
Fernando A. Prego
answered on Nov 4, 2024

If a tenant exercises the option to extend the lease with the proper notice and in compliance with the terms set forth in the lease, the landlord generally does not have the right to reject the tenant’s exercise of that option.

Lease options to extend are typically binding on the landlord...
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1 Answer | Asked in Real Estate Law for Florida on
Q: Scenario for a $10,000+ water damage problem in a condominium. Who is responsible?

Jill (pseudonym) suddenly finds the condo water was shut off. She leaves her apartment, and returns to find her bathroom floor flooded. Upset that the faucet was accidentally left on, she mops up thoroughly.

Six days later she gets a text from resident below saying there is extreme water... View More

Linda Liang
Linda Liang
answered on Oct 29, 2024

Unfortunately, Jill should be responsible for repairing Bob's bathroom damage. If there is a question regarding the extent of the damage caused by the leakage and the mitigation that Bob should have done (is there?), the damage can be reduced.

As far as the app is concerned, Jill may...
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1 Answer | Asked in Real Estate Law for Florida on
Q: Question about signing a deed in counterparts? See details below:

-There are two grantors signing a deed in two separate locations

-When signing a deed in counterparts, do you list both grantors on the deed that each grantor is signing separately? Or do you only list the signing grantor on the copy they are signing?

Anthony M. Avery
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answered on Oct 28, 2024

Deed needs to be complete with all grantors listed in all necessary parts of the Deed. You can list each tenants in common's conveyed interest in separate deeds but it is difficult and expensive. If one grantor signs, and the others do not, then you may have serious problems.

2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: My mother passed away in 2011. I never had the deed transferred in my name. How do I get the deed in my name?

I have kept the property up and have paid all taxes and fees for the property during this time. I acquired it at the time from my 3 siblings.

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 24, 2024

You will need to have the deed reviewed and you will need to see what interest if any your siblings transferred to you. If the property is in your mom's name still, some version of probate will be required, you will likely need a Florida Probate Attorney in order to accomplish this... View More

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3 Answers | Asked in Real Estate Law for Florida on
Q: What are my legal rights for compensation before I file a quitclaim on the house I bought with my ex boyfriend?

I am on the deed for a house in Florida. Me and my then boyfriend got the house. He paid for the down payment and is paying the mortgage. I just wanted to know my legal rights for compensation as I decide to file for a quitclaim. This relationship ended badly since he abused and cheated on me. I... View More

Anthony M. Avery
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answered on Oct 23, 2024

Do not just give away valuable property. Hire a TN attorney to represent you, negotiate an agreeable purchase amount, and have your attorney draft the FL Quit Claim Deed. He can take receipt of the funds, then have you execute the Deed. Only then he can send it to BF, and give you the money... View More

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0 Answers | Asked in Real Estate Law for Florida on
Q: Could a lease agreement for private rental be considered fraud?.. Lease contains a fabricated fraudulent mailing address

Has been issued housing violations for unlawful dwelling, zoning and permitting violations for no permits pulled for changing detached garage into an apartment.

1 Answer | Asked in Real Estate Law and Collections for Florida on
Q: Can I dispute all of the charges after move out since it looks like they planted trash in the apartment?

Before move out, my girlfriend and I thoroughly cleaned the whole apartment and took pictures of every room. About a week after move out we got a move out statement with charges for replacement of the couch, carpet, and blinds. It also said there was trash in the common area which the took a... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 21, 2024

Can you? Of course. Keep all your evidence. Don't keep it on your phone in case the phone gets lost or damaged. Write down as much of the details as you can remember now. Dates, times, etc. This will help you later.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How to get reimburse for estate related expenses after Summary Administration order?

Florida. Will directs all estate related expenses to come from estate, not from me alone (I am one of two beneficiaries and the PR named in the will). I paid 100% of all estate-related expenses totaling around $50k and my sibling (the other beneficiary) paid nothing. The only "asset" in... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Oct 22, 2024

You can ask the closing agent to include all the estate expenses to be put on the closing statement when the house is sold, and if your sibling doesn't sign the closing statement, then the closing cannot take place. That is your leverage. The closing statement is the last opportunity for you... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: Hurricane caused fallen tree on ground of mobile home park, Winter Haven, FL. Property owners claim no liability

Say it’s homeowners that need to remove and pay for, that they don’t own property between houses but we pay them monthly lot rent. Won’t give property line drawing or anything in writing that says they don’t own communal property but homeowners do.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 17, 2024

I'm sorry to hear about your troubles. It isn't a matter of who owns the property. It depends on what your lease and park prospectus state regarding lot maintenance. It could be you are responsible since you are in possession of the land or the park could be responsible and not taking... View More

1 Answer | Asked in Contracts, Land Use & Zoning, Landlord - Tenant and Real Estate Law for Florida on
Q: Hit by Milton and no access back to MHP. I own home, but lease the lot. No power b/c flooding. Is rent still due?

9 days without power, plumbing, trash service, etc. Duke Energy cannot reestablish power until water recedes and could take weeks according to their notice.

Linda Liang
Linda Liang
answered on Oct 17, 2024

Most likely yes. Your obligation to pay is described by the lease, which is between you and your landlord. The inconvenience was not the landlord's fault. It is unlikely the lease provides the landlord should waive the rent.

3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: can i sell the land of a deceased relative in florida

I have two siblings and my sister died owning land. I want to sell it.

Jacqueline Alicia Salcines
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answered on Oct 13, 2024

Have an attorney review the deed. That way we can see who is on there as title holder and who would need to sign in order to sell the property. If another sibling does not want to sell, then it will turn into a Partition action and court forced sale but you can still use your own realtor, etc.... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: If I have 2 cases in front of 2 different judges how can I get both judges to see my case? The cases are related.
Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 11, 2024

If you are going to litigate yourself, which is ill-advised, you need to familiarize yourself with the Florida Rules of Civil Procedure. Other than telling you judges can only hear cases based on a motion and a properly coordinated hearing with notice, we cannot give you specifics on how to... View More

0 Answers | Asked in Real Estate Law for Florida on
Q: Will I be able to legally do anything if they developer does not fixed the repairs?

My VA loan was closed on a new construction home on last Friday. One of the devlopers did the one and only walk-through with me on the day before. I paid for a home inspection and had it done the week before. The inspection noted several difficiencies and that the home needed to be professionally... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: I live in a Pinellas condo. My HOA won’t let me board my windows for a hurricane. Am I allowed to?

This would be to protect my property and the windows I am liable for as the owner. Also I wouldn’t not drill into the structure just use hurricane clips.

Fernando A. Prego
Fernando A. Prego
answered on Oct 7, 2024

Hi, the response to this question entirely depends on the language of the HOA's Declaration and any governing documents relating to alterations/improvements to the home. Some HOAs do not allow certain modifications, which may include affixing plywood to the windows of the home.

4 Answers | Asked in Real Estate Law, Civil Litigation and Communications Law for Florida on
Q: I'm selling my property in North Miami Beach for 90.000$ but brokers turned me down with fake Liens of 31000$ .

Brokers received calls saying "do not sale". I have no mortgage. I need your help to sale the property and closing.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 4, 2024

Getting help online doesn't cut it. Nobody should buy or sell Florida real estate without retaining a real estate attorney to help make sure everything is done correctly. Hire a lawyer.

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2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How can I be reimbursed for estate and inherited property-related expenses if probate has been closed?

I am the named PR/executor in a will. There are two beneficiaries, myself and a sibling. The terms of the will are that everything is to be split 50/50 and that all estate-related and inherited property-related expenses are to be paid by the estate, not by me only. The will was admitted to probate... View More

James Clifton
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James Clifton
answered on Oct 2, 2024

If you've incurred expenses related to the estate and inherited property after probate has been closed, there are pathways to seek reimbursement, either through reopening the probate or directly addressing the division of assets.

If there are discovered assets or if further...
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2 Answers | Asked in Insurance Defense and Real Estate Law for Florida on
Q: Bank wrongly imposed property insurance
Barry W. Kaufman
Barry W. Kaufman
answered on Sep 27, 2024

This is not a question, its a statement. Please ask a question with facts.

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3 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: My brother and his adult daughter were living in a 55 and over condo when he passed away. . Can she be evicted

The condo has no leans or mortgages, taxes are paid yearly, and condo fees paid monthly. She is his beneficiary

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 25, 2024

I am sorry for your loss.

Very possibly. Hopefully your brother had a Will or trust; if so either the PR or successor Trustee needs to move quickly. "55 and over" communities are not just advertising words; they are either deed restrictions or by-laws which the owner agrees to...
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1 Answer | Asked in Real Estate Law for Florida on
Q: I found out my neighbor's mobile home is partially in my property. What settlement options can I offer my neighbor?

I discovered that my neighbor's mobile home, well and driveway (all installed in 2022) is on my property from a survey. I got my property without title insurance in 2024, I am trying to sell this property. I talked to my neighbor, and they don't want to move the mobile home but are... View More

Fernando A. Prego
Fernando A. Prego
answered on Sep 26, 2024

Under Florida law, the encroachment of your neighbor's mobile home, well, and driveway on your property raises several legal concerns, particularly as it relates to your ability to sell the property. A potential buyer's survey during the due diligence period will almost certainly reveal... View More

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