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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Florida on
Q: can someone not on the deed of your home sale it he was on the mortgage and the man living in the house was his brother

the one sold the house for 5000 dollars to a Swindler but the one still living in the home never signed nothing and the swindler now put his wife on the deed

James Clifton
PREMIUM
James Clifton
answered on Jun 19, 2023

If someone is not on the deed, they cannon sell anything because they don't have anything to sell. If they attempted to sell the house, it would be fraud. If the person did own a one-half interest in the property, they could sell their one-half interest to someone else. If the house was sold... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: My estate attorney has prepared my last will and testament in Louisiana. Is that valid in Puerto Rico?

My legal will in Louisiana includes property in Puerto Rico. MY will clearly states who that property should be transferred to in case of my passing away. The person is not related to me by blood. I have no blood relatives except for a daughter of an adopted niece - my niece having passed away. Is... View More

Jane Kim
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answered on Jun 19, 2023

Yes, as long as it is a valid will in LA where it was prepared and signed.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: I started building a home in Florida Adams Home Builder in Ft. Myers Fl. We signed a contract with them 03/07/2022.

6 moths went by before they even cleared the lot. They said because the stem wall was not in place before 6 months they could cancel the contract unless I agreed to spending an additional $30k and forced me to sign a new contract. They switched floor plans and cabinets in the home after repeatedly... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2023

A lot of legal rights and remedies that you most likely had have been waived by your subsequent actions.

You should take your contracts to an attorney who practices consumer law in or near the county where you live. But I fear your best option in this situation is to sell the home and buy...
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2 Answers | Asked in Real Estate Law and Construction Law for Florida on
Q: I paid cash July 2021 a real estate construction in Oaklawaha near Ocala, FL, till today it's not nearly done. Need help

What can I do, with this cash purchase of this new construction, which dragged two years long and is still not nearly done? There're two liens on it, too, that are unpaid. Realtor said she is finding a new builder to finish the house, but new builder wouldn't give a finishing date. 90%... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2023

You have to be careful how you terminate the contract with the initial general contractor. Construction/lien laws are pretty strict. I bet this GC will claim he is owed money too. I'd highly recommend retaining a lawyer in order to move on to the new builder. In fact, some builders may not... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: My house sale is under contract. Closing in 2wks. My roof leaked last night. What is my obligation? fix it, report it?

It has leaked in this location before and I had it repaired before closing. I included this info with my owners disclosure. I can get the roofer to come back because he guaranteed his work. But I'm not sure if I am required to report this to anyone or not. I'm not trying to hide... View More

James Clifton
PREMIUM
James Clifton
answered on Jun 15, 2023

The contract controls the required disclosures. However, generally, any known defects must be disclosed to the buyer including those arising after the contract. Regarding repairs, the seller bears the burden of repair up until closing, so you will need to do the repair or report it to your... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: how many days to record and serve a summons on a party in florida after a property tax appeal case is filed in circuit c

circuit court

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 13, 2023

Service must be completed within 120 days from the date you file the complaint. If service cannot be completed you have to have a legitimate legal reason why (defendant's address unknown) and request an extension of time to complete service before the 120 days expire.

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: We purchased a foreclosure property with a junior lien unfortunately (court records did not reveal any liens).

We purchased a foreclosure property with a junior lien unfortunately (court records did not reveal any liens). The bank (who is in possession of the senior lien) is now foreclosing the property through a private auction. Do we have the ability to claim any surplus from the bank sale to try and... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 13, 2023

After the property is sold, there will be a surplus or a deficiency. If a surplus, then the order in which payment is made is to the plaintiff, then to any lienholder, then to the owner. That's it. There's no.provision to be repaid, etc.,.etc. I think its section 45.032, Florida Statutes.... View More

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1 Answer | Asked in Family Law and Real Estate Law for Florida on
Q: my brother forfeited on a agreement on the purchase of a home and land

my brother was supposed to pay the light bill and i pay the lease to own of said property @ $300 then we both pay the property taxes. well he got a settlement and moved out of property well the property is in both of our names he has not put no money in property, i have put new windows removed all... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 10, 2023

This answer is based on Florida law and assumes that your property is in Florida. You can file a lawsuit called Partition which will end one of three ways. 1, you keep the property and buy your brother out. 2. your brother keeps the property and buys you out. 3. the property is sold and the two of... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: The previous owners left a rental shed on the property and now they are trying to get it back. Is it mine now?

I purchased a lot with a shed on it which I believe was part of the sale. A rental company called me and said they need access to the property to get the shed. I wasn't informed it was not included with the property nor was I told it was a rental. Now the previous owners and the shed rental... View More

James Clifton
PREMIUM
James Clifton
answered on Jun 10, 2023

Unless the shed is permanently bolted on a concrete slab or permanently affixed to the real estate in some other way, it is personal property and title to it would not transfer to you at the time of sale. Typically, the shed company files a UCC financing statement when the shed is considered... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is a partial rent payment made via Zelle to the landlord and is automatically posted, is that knowledge of noncompliance

Tenant paid $118 rather than $850 via Zelle. The payment was automatically posted upon receipt with an email afterwards with notification of the deposit. The Tenant followed up with a statement that they felt their rent was too high and not justified and was only willing to pay $667/month and the... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 9, 2023

Tenants don't get to set the rate for rent and hopefully you have a written lease agreement. There are specific technical requirements for providing a tenant with a notice to vacate and the length of time to provide the notice depends on the lease terms. I encourage you to consult with a... View More

1 Answer | Asked in Criminal Law and Real Estate Law for Florida on
Q: What happens to the vacant house?

Neighbor's house got raided for drugs. It's vacant now. Neighbor's said another relative that's in jail also file bankruptcie. What will happen?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 8, 2023

It depends on who owns the house, not who lives in it. As long as any mortgage is current or the owner is trying to re-establish the mortgage, nothing happens. There's really not enough facts to answer your question.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: In Puerto Rico do you need two witnesses to sign a Quit Claim Deed
Rand Scott Lieber
Rand Scott Lieber
answered on Jun 8, 2023

Two witnesses in Florida so probably yes.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can I cancel a real estate contract with buyer who is taking no steps whatsoever to close on the property I'm selling?

About 20 days ago, I accepted an offer and signed a contract to sell a vacant lot i own. Buyer has not paid earnest money, is not working with title company nor has buyer done anything else to move towards closing. Contract does not state a specific term but says will close within 40 days. Buyer... View More

James Clifton
PREMIUM
James Clifton
answered on Jun 7, 2023

What you have described is known as a wholesale contract. In a wholesale contract, the party who acts as the purchaser actually intends to sell the property to a third party or assign the contract. One of the biggest issues with wholesaling is fraud. Oftentimes, there is a failure to disclose the... View More

3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Can we submit an ethic complaint to the bar for this matter?

Long story short, my uncle purchased a foreclosure property from a county auction. It turned out the property she purchased, there was a senior lien. Therefore, she ended up losing the house. Now the lawyer for the defendant (the LLC who got foreclosed), is claiming a surplus of funds. This LLC has... View More

James Clifton
PREMIUM
James Clifton
answered on Jun 3, 2023

If the defendant is claiming surplus funds from the foreclosure of the second mortgage that your uncle purchased at auction, the defendant is entitled to those funds subject to any claims of other creditors. If the defendant is claiming surplus funds from the foreclosure of the first mortgage, your... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: A bldg drainage pipe btwn my 27th flr apt & the 28th flr leaked, undiscovered. Mold ceiling, sidewalls. Who pays?

1.Do hoa docs decide who pays,or does law Trump docs?

2. Pay just for drywall or complete mold removal wherever it's spread?

3. Unused maids suite been unused 18 yrs. Except ss rarely used storage room. Conceivably allowed problem to become worse

Do a hirise owners... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 1, 2023

The answer to your questions resides in your condo documents, which we cannot review in this online forum. Generally, an association is liable to replace the bare walls, floors and ceiling unless your documents provide otherwise. The association is liable if the pipe services more than one unit... View More

1 Answer | Asked in Real Estate Law and Business Law for Florida on
Q: There is water/mold damage inside my condo unit from a leak above me, what are my chances taking the HOA to court?

The leak is from a common element pipe. The HOA has fixed the pipe but refused to pay for mold treatment inside my unit, citing demarcation at the drywall. The Bylaw says "all incidental damage caused to an Apartment by the maintenance, repair, or replacement work done by the Association shall... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 30, 2023

That's impossible to say without reading your condo documents. Generally, the HOA is only liable for putting back the bare drywall but it's possible your documents do not require that. It is also crucial to know if the pipe services just one unit or multiple units. If the pipe services... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: A Durable Power of attorney done and notarized in US can work fine in Puerto Rico, for a property sell transaction?

Property is in PR, owen by my parents and they want my brother to sign every document or do any transaction, related to the sale of the house, for them. My parents are old and not in the best health to travel.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 30, 2023

That probably would work, but, for more accurate advice, you should probably have asked this question in Justia > Ask a Lawyer > Puerto Rico.

2 Answers | Asked in Real Estate Law for Florida on
Q: Looking to purchase a condo in FL with seller financing. He wants to do a land contract. Who’s name will the title be in

How does this get filed with the state? I want to make sure I’m protected. The interior needs work and I don’t want to put the effort and money in if this isn’t legitimate. We have agreed on terms, what do I need to do to make sure I’m covered?

James Clifton
PREMIUM
James Clifton
answered on May 29, 2023

It is generally unadvisable to purchase property any other way than with a traditional deed and mortgage. Many times people who don't fully understand the implications of financing the sale of their own property think that there are forms like a land contract that somehow protect them more... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: I didn't know i had to report a misdemeanor reckless driving to the DBPR . The requirement was 30 days and it's been 1y

Misdemeanor reckless driving with alcohol. It's been over a year and I did'nt report to the DBPR. If i didn't complete the Continuing Ed I wouldn't have realized. Should I just be quiet or should I file it now?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 28, 2023

You are saying that you 'didn't know' of the reporting requirements for the past year but suddenly became aware of the requirements now? That's hard to believe, but the good news is that they may well already know.

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Florida on
Q: If we bought a house during our marriage and got divorced and remarry each other and one of us dies, who gets the house?

When we bought the house it was tenants in common with right of survivorship after we divorced it automatically converted to tenants in common with 50/50 ownership. Now that we remarried each other will it reconvert to tenants in common with right of survivorship!

Paul Michael McDermott
Paul Michael McDermott
answered on May 27, 2023

Interesting question. In my opinion as a family law attorney, remarriage does not automatically "reconvert" the property title. You might consider executing a Quitclaim Deed - both as grantors and both as grantees to give you both equal rights as "Tenants by the Entireties,"... View More

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