I purchased a property two years ago, and the seller didn't disclose any termite history. There were no disclosure forms provided at purchase. Recently, I noticed frass and consulted a pest control company, which treated the issue and indicated the termites were likely present for about four... View More

I'm experiencing issues with my HOA as they are ignoring my requests to update owner records and tenant dispute resolutions. I've tried communicating with them to update these legal documents, but they haven't responded. I've documented my communications, but the disputes with... View More

I've discovered through a new survey that my neighbor's fence is encroaching on my property in Pinellas County, Florida. Despite repeatedly informing my neighbor over the past years, they have not moved the fence. I'm seeking the removal and relocation of the fence to the correct... View More

I am a US resident living in Florida, and I want to purchase a car from a Canadian friend. The car is currently in Florida but registered in Canada. Can I buy this car in Florida and transfer the registration from Canada to Florida without the car leaving Florida?

My mom recently passed away, and I have been living with her for 15 years. During this time, I have been the one paying the mortgage, although I am not on the deed. There is no will, but my brother has no interest in the house. My mother intended to leave the house to me, and we were in the process... View More

Phillip William Gunthert
answered on Mar 11, 2025

I am sorry for your loss on the passing of your mom, please accept my condolences for you and your family at this sad time. When there is no Will, the Florida Intestate (without a Will) Statutes are applied. This basically means that assets go to the surviving spouse, if there is no spouse it goes... View More

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I'm owed $30,000 by a friend, and she wants to sign over a cashier's check for the same amount to me, which she received from selling land. There is no contract between us regarding the debt. Can this be done legally, and are there any potential issues I should be aware of? No one else is... View More

Erik A. Perez
answered on Mar 10, 2025

To be safe, I would recommend having a settlement agreement prepared and signed by the parties. Simply signing over the check leaves the situation open to ambiguity and interpretation. It is highly advisable to have a proper settlement agreement prepared, reviewed, and signed by the parties... View More

I am currently going through a divorce that was filed in Canada, and we jointly own a property in Florida. The property is held in joint tenancy, and my spouse has been residing there for the past three months while I am in Canada. There are no existing agreements or court orders regarding the... View More

Phillip William Gunthert
answered on Mar 10, 2025

To a certain degree it will surely depend on what you divorce decree states, I would encourage that you reach an amicable resolution and compromise as it relates to the property (buyout, refinance or agree to sell the property0, if none of that can be attained, then you will be stuck with a... View More

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I am a non-resident of Florida attempting to petition for divorce from my spouse who has lived in Florida for less than 6 months and refuses to acknowledge the divorce. We have no children, but there is a jointly owned house in West Palm Beach, Florida. I have initiated the divorce process in... View More

Michael Ferrin
answered on Mar 10, 2025

You can file in Florida but not until she has been in Florida for at least 6 months. You can try and file it sooner than the 6 months if there would be no other jurisdiction that could address the divorce, but to be safe you would want to wait the 6 months if you can.

I purchased a car from a dealership, and later another dealership repossessed the vehicle due to a debt lien because the previous owner owed money on it. As the current owner of the car, does the filing of the lien have to be reported, and what are my rights in this situation?

I purchased a property in Florida from my brother who had medical issues and can no longer stay there. Upon visiting the property, I discovered squatters living there. They claim there's nothing I can do to remove them. There is no formal lease agreement, and I have the deed to the property.... View More

Barbara Billiot Stage
answered on Mar 9, 2025

You can call the sheriff.

Florida Statute 82.036:

(2) A property owner or his or her authorized agent may request from the sheriff of the county in which the property is located the immediate removal of a person or persons unlawfully occupying a residential dwelling pursuant to... View More

I am buying a house in Florida, and my daughter, who is on SSDI disability benefits, may be put on the mortgage and deed. She is contributing financially to the mortgage. Will this affect her disability benefits?

Could my mom’s husband have executed a quitclaim deed on his part of the property to his son without my mom’s knowledge or signature, given that they were both listed on the warranty deed? My mom only discovered this change after his passing.

Can I sue to recover the property taxes I've paid over the past 45 years from my sister-in-law, who sold her half-interest in the property in Florida? She has never contributed to property taxes or maintenance costs. There was no agreement, written or verbal, about sharing these expenses. How... View More

Erik A. Perez
answered on Mar 10, 2025

You may be able to claim unjust enrichment. However, you will not be able to claim all 45 years as there is a statute of limitations of 4 years in Florida, thus you may be able to claim 4 years of the tax payments.

I have co-owned a property with my sister-in-law since I married my deceased husband in 2001. She claims to be the sole owner since 1999. She sold her interest in the home in May 2024. During our co-ownership, she never paid any property taxes, and I have paid the full amount except for penalty... View More

I'm considering adding a name to my home deed using a Lady Bird Johnson deed for the purpose of survivorship and avoiding probate since I do not have a will. The deed is currently solely in my name, and there are no mortgages or liens on the property. I have not yet consulted with a lawyer and... View More

Phillip William Gunthert
answered on Mar 5, 2025

An Enhanced Life Estate Deed (Ladybird Deed) is one option to accomplish your stated goal and will avoid probate, if that person predeceases you, that will be a problem, and you will probably end up right back in probate. While a Trust would cost more, it would also avoid probate and give you say... View More

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I have property that has been abandoned at my home for three years. Despite contacting the owner, they refuse to pick up their possessions. The property includes [specify type of item(s), if possible]. I have not received any legal advice on how long I am required to keep the property before I can... View More

I have been living in my deceased grandmother’s property since it was built in 1990. She did not leave a will or legal documents for the property. I am her first grandchild and her daughter, my mother, is also deceased. My uncle, her surviving son, and my younger sibling are involved as well.... View More

Phillip William Gunthert
answered on Mar 5, 2025

Generally, you would need to review the deed of the property and see what it states specifically with respect to ownership rights. If the property was in your grandmother's name alone and she is deceased with no Will, then the Florida Intestate Statutes *without a Will" are going to... View More

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I am part of a Florida HOA that is currently undergoing the revitalization of our expired covenants. Given our previous experience with electronic signatures, the board prefers to use Docusign to obtain homeowner consent for revitalization. Can we legally use Docusign for 1,912 homeowners to sign... View More

Barbara Billiot Stage
answered on Mar 4, 2025

Revitalization is a very technical process and the HOA should have lawyer who is well versed in the Marketable Record Title Act to review and guide you through the process. It's not really a do-it-yourself project and I have seen associations make major mistakes that even though it did not... View More

I live in South Carolina and currently have an LLC there. I am interested in virtual wholesaling real estate in states like Texas, Florida, Georgia, Alabama, or Tennessee, where a real estate license might not be required for wholesaling activities. Would my South Carolina LLC allow me to conduct... View More

Keith Kanouse
answered on Mar 4, 2025

The best state-by-state legal analysis is at https://crushingrei.com/is-wholesaling-real-estate-legal/

I'm a Mississippi resident who experienced an incident at a Hilton hotel in Miami, FL. The sprinkler system in our room unexpectedly activated, releasing murky black water that damaged over $15,000 worth of belongings, including clothes, electronics, and personal items. We captured footage and... View More

Charles M. Baron
answered on Mar 3, 2025

The location for a lawsuit would be Miami, but best to start with a presuit claim to the hotel's insurer. You may or may not need a lawyer to handle that. Request the insurance co. contact info. If a presuit claim cannot be settled, you would likely need a lawyer because if you sue for any... View More

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