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Florida Real Estate Law Questions & Answers
2 Answers | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: No Fruit Trees - HOA? Can anything be done to secure my rights

No Fruit Trees - HOA?

Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.

However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More

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

Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More

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0 Answers | Asked in Family Law, Real Estate Law and Land Use & Zoning for Florida on
Q: Do tresspassing laws extend to my sibling if I don't want him to come to my home? Our mother lives with me he insist on

bullying his way to my home to see our mother. I have offered to bring her to meet him to take her with him, but he and his wife insist on violating my wishes and coming to the home just to challenge me. I called the police recently on them when they arrived. 1 of the police officers said he could... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is it legal in Florida for me to rent out a property for vacation rentals if I'm renting it annually or renting to own?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 16, 2024

That depends on the language in any documents you signed for the rental/lease to own, which we cannot review in this online forum. You would need to check these documents to see if there is a prohibition against subleasing and, if you are in a community association, you need to check with the... View More

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1 Answer | Asked in Consumer Law, Real Estate Law and Municipal Law for Florida on
Q: if a defendant did not answer a specific interrogatory - who do I make them answer.
Angelo "Tony" Marino Jr.
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answered on Apr 15, 2024

In Florida, you must first reach out to the defendant and try to resolve the matter; that is get him/her to agree to supply a better answer. If that does not work, then you need to do a motion to compel better answer(s) and send that along with a notice of hearing set before your judge. I suggest... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: Real estate law and fraud, contract made up and Supposidly got a loan on the equity on my home thru a LLC COMP

Name of the Title and deed without telling me and has dated it for

January 2022, which I didn’t even know them yet. Secondly, they did not pay me for the sale of house the full amount that they told the clerk of court thirdly was supposed to have an escrow account and they have yet to... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it seems there are several serious legal issues and potential fraud involved in your situation. Here are a few key points and recommendations:

1. Fraudulent deed transfer: If the title and deed to your home were transferred to an LLC without...
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0 Answers | Asked in Real Estate Law and Probate for Florida on
Q: How do i get a court order to tranfer a mobile home title?

My wife and i purchased a mobile home on property from an individual by way of quitclaim deed. Rhe issue is that the seller died before transfering the title for the mobile home. She had no will and i have no contact with her family. I have the deed in our name, the mortagage lein release for the... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: do I need a lien or deed of trust form to file for collateral to give a personal loan to a friend in marion county FL?
Barry W. Kaufman
Barry W. Kaufman
answered on Apr 11, 2024

Do you need one? No. Should you have an attorney prepare a loan document? Yes, if the amount is worth it.

Remember the cardinal rule about loaning people money: **Never loan to anyone money that you cannot afford to lose**.

0 Answers | Asked in Real Estate Law for Florida on
Q: Can I ask for a refund of HOA fees if the fees are put in a separate account, but use is not specified?

My hoa charges a temporary member fee for those of us who rent out our units. The fee is being put in a separate fund, but the use is not specified, and the 2023 Florida Homeowner's Bill of Rights state we can ask for a refund after 30 days if the fees are not used for a specified purpose.... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: How can I transfer ownership of my deceased parents property in Lehigh, Florida ?

My father predeceased my mother and she was the inheritor of his estate. My mother passed away in 2022, and I am the Executor and sole beneficiary of her estate. Can you tell me how to change the property into my name, as I would like to sell it. I have their wills and death certificates and have... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 6, 2024

I am very sorry that you have lost both of your parents. The answer to your question is that it depends, you will want to have the property deed reviewed by a probate attorney and it is possible and even likely that you will need at least one probate done and possibly two if your dad's probate... View More

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1 Answer | Asked in Real Estate Law and Estate Planning for Florida on
Q: I have an enhanced life estate document that was notarized for my father's house. the notary acknowledgment may incorre

the notary acknowledgment may incorrect. The “forgoing instrument” is missing and it only says the person is known to me and produced a drivers license. Is that ok and is the document valid. I live in Florida.

James L. Arrasmith
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answered on Apr 16, 2024

In Florida, the notarization of documents, including enhanced life estate deeds, must adhere to certain standards to ensure their validity. A key element of notarization is the acknowledgment section, where the notary confirms the identity of the signer and that the signer understands and willingly... View More

1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: FL: Does selling a property through a Special Magistrate have rules/stipulations on what can be an acceptable offer?

I own a property 50% and an estate owns the other 50% - it is currently up for sale by a realtor but the listing agreement is about to expire and we have not yet sold the property. The executor of estate is threatening to file a Partition that would have a court appointed employee responsible for... View More

James Clifton
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James Clifton
answered on Apr 4, 2024

In a partition, the court will order the sale. The method of sale can be open market, sealed bid, or auction. If the parties cannot agree on a price to sell the property, the commissioner appointed by the court will set the price. It is likely though that the court would put the property up for... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: Gifted son1500.00 for closing on a home. It now won’t be used. We asked for refund they said no not until after closing

The reason why money won’t be used is bec they wanted bank statements for 2 months from us. We are not willing to send that to them. They said we could request a refund. So we did. They said we would get it back after closing. Why would they keep it if they said they couldn’t use it without... View More

Vincent Gallo
Vincent Gallo
answered on Mar 29, 2024

If you had given your son what you characterized as being a “gift” with no strings attached, then the gift is a gift. If, however, there were conditions attached to the gift, you may be able to retrieve it if those conditions weren’t met.

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0 Answers | Asked in Real Estate Law, Construction Law and Gov & Administrative Law for Florida on
Q: Selling a home that has a bad wall

When selling my property I know I need to disclose things that I'm aware of, that's fine, but I'm in need of direction on this.

A car crashed into my home,, took the whole front took off. There's a wall that was repaired, framing added etc, not properly and not... View More

1 Answer | Asked in Consumer Law, Personal Injury, Real Estate Law and Elder Law for Florida on
Q: Checked into a hotel after major surgery on my foot and now I'm being told I have to move rooms every 21 days

I moved into this hotel after major surgery on my foot because of medications that I was going to be on and didn't think it was safe for me to be alone at home I ended up staying here because I lost my apartment and so now they're making me move every 21 days and I have pins and screws in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 28, 2024

A hotel is not a rehabilitative facility. Nobody knows what this lease says; you need to take it to a lawyer.

0 Answers | Asked in Real Estate Law for Florida on
Q: Is it possible for one homeowner to kick me out while the other homeowner wants me to stay?

My mother wants me to continue living with her (on the title of the home) while my stepdad wants to get rid of me (also on the title of the home)

1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Civil Rights for Florida on
Q: Is a civil suit viable? HOA deleted surveillance video I asked them to save. It would have proved my son was innocent.

We pay monthly HOA fees for amenities, which include security via video surveillance. My son is facing criminal charges and the events that occured were caught on these cameras. This footage would prove the allegations are false. I emailed the HOA asking them to save it. No response. I also went... View More

James L. Arrasmith
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answered on Mar 26, 2024

In situations where evidence crucial for legal defense is destroyed or deleted, especially after a request has been made to preserve it, you might have grounds for a civil case. This would particularly apply if the deletion of the surveillance video directly impacts a legal proceeding, such as... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: A buyer did not hold up his end of a bill of sale while buying a property. He had 1 week to come up with 5k its been 3.

When I got to my property to sell to buyer for 21k cash with a quit claim deed. Buyer had 3k cash and 13k check. Seller agreed to give him till end of week for 5k. Seller also agreed to get quit claim deed notarized so when money was transferred could send to county. All of this was in bill of... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 26, 2024

There are lots of problems with this transaction, including the fact that you are selling real estate without using a lawyer. No one can provide you any meaningful answer here in this online forum because we cannot review the "bill of sale" or other purchase agreement you may or may not... View More

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2 Answers | Asked in Business Law, Landlord - Tenant and Real Estate Law for Florida on
Q: Considering owner financing “chattel” a mobile home in a park with lot rent (thus no land). Location Flagler County, FL.

Considering owner financing “chattel” a mobile home in a community park with lot rent (thus no land). Location Flagler County Florida.

How do I draw up a contract that keeps parties fairly protected? Likely buyer needs title to insure, get tag/taxes (like a car DMV) and community park.... View More

James L. Arrasmith
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answered on Mar 26, 2024

When creating a contract for owner financing a mobile home in a park, it's crucial to have clear terms that protect both parties. You can opt for a lien on the property while the buyer holds the title, which allows them to insure the mobile home and comply with local regulations. It's... View More

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0 Answers | Asked in Real Estate Law for Florida on
Q: Condo has a "slab leak". HOA has paid others in the past for repair, but now declines saying it was a "mistake"-

Isn't there a precedent established for payment?

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