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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Florida on
Q: In Florida, when someone wants to switch from one Broker to another Broker, what form would I need to have?

This is for Florida

James Clifton
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James Clifton
answered on Apr 14, 2023

For sellers, the existing brokerage relationship would need to be terminated with the Modification to Listing Agreement (MLA-5x) form. The seller would then need to sign an Exclusive Right of Sale Listing Agreement with the new agent. For buyers, you can write to your agent letting them know that... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: In florida deed both mine and bf name he needs consent to sell the property correct ?? Also he wants put it in a trust

Or will he be able to put in a irrevocable trust in his name only we not married ??

James Clifton
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James Clifton
answered on Apr 12, 2023

You each own a one-half interest in the whole property. He will need your consent to sell the property. If he wants to sell it and you do not, he can force the sale through a partition action in court. He and you will need an attorney for that. He can only put his one-half interest in the trust... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: If your both on deed in florida and not married is it correct can not sell house with out both parties consenting ???

Or can one owner put house in irrevocable trust ?? With out consent ?? How does that work ?? Is it possible??

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 12, 2023

You would want and need to have the property deed reviewed to see precisely how the property is held, based on this, will determine what can be done with the property and how it will be handled and held. Generally, if it is a Tenants in Common, that means they own 50% and they can potentially do as... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: Condo Assoc. in FL approved limiting parking to one parking permit/unit. Vehicles without permit will be towed.

Most of the units are used as vacation homes so one permit is not a problem. There are a few spaces reserved for guests. This is my primary residence and I own three cars. There was nothing in the condo declaration or rules and regulations and by-laws pertaining to parking or vehicle ownership. Is... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 12, 2023

Without reading the condo documents, which we cannot do in this online forum, my experienced guess would be "yes." Condominiums have limited parking and generally do not have the ability to create additional parking spaces. The general rule is, if it serves a legitimate business need,... View More

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: I have an LLC owned by my trust. Does it make sense, tax purposes wise, to rent my home to my company?
Phillip William Gunthert
Phillip William Gunthert
answered on Apr 11, 2023

Having an LLC in a Trust is a bad idea for starters, now all the assets in Trust are also exposed to any liability that arises related to the LLC. Also, renting your home to Your LLC is also a terrible idea, now your home and LLC and entire trust are exposed to potential liability and you may have... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: Signed contract for new house yesterday with $10,000 Ernest money. I’m 80 years old. Need to cancel.

How can I cancel and get my money back back.

Vincent Gallo
Vincent Gallo
answered on Apr 9, 2023

One needs to thoroughly examine the contract to see if it contains and contingencies that you cannot satisfy.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: How to find how much land a person purchased without using CRIM as a resource?

My partner inherited land in Puerto Rico. We confirmed it with ARPE/OGPE but CRIM shows the land under another property owner. The house was registered under the now-deceased family member in Bayamon. ARPE as well as CRIM are asking for the segregation of property but the other property owner... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 11, 2023

Contact a title insurance company to do a title search.

1 Answer | Asked in Real Estate Law for Florida on
Q: What is the best way to title an investment property held in an LLC?
James Clifton
PREMIUM
James Clifton
answered on Apr 7, 2023

When you place a property into an LLC, the LLC holds title and the title reflects the name of the LLC. For example, John Smith owns 123 Main Street as an investment. To shield himself from liability, John forms ABC, LLC to hold the property. John then signs a deed from himself to ABC, LLC. Title is... View More

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Florida on
Q: This is presently in the Declaration of Covenants and Restrictions. Is this a discriminatory restriction?

Section 26. Flags. An Owner may display one portable, removable United States flag in a respectful way and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day, may display in a respectful way portable, removable official flags, not larger than 41/2 feet by 6 feet, that... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 3, 2023

It depends on what you mean by "discriminatory?" It is outdated and not compliant with the latest statute, which allows these flags to be flown year-round and also include Space Force, MIA and POW flags. This is state law, Florida Statute 720.304(2)(a-b). If you mean is it... View More

1 Answer | Asked in Entertainment / Sports, Real Estate Law and Personal Injury for Florida on
Q: I am preparing to propose an idea to my housing community for a private backyard wrestling "promotion" with amateurs.

I just want to be sure about this idea before I propose it. It would be informal and the people who would be involved have to sign a waiver and follow a carefully selected moveset to minimize liability or potential injury, but I am still unsure about the legality of hosting a backyard wrestling... View More

Jonathan Blecher
PREMIUM
Jonathan Blecher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2023

I doubt the Association bylaws sanction promotional events within the confines of the Association grounds. Liability waivers aside, if someone gets injured, or a fight among non-particpants breaks out, or someone flashes a guns, you're homeowner's insurance may not cover you. Contact an... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: I live in a mobile home park and you are only allowed to have one property at a time however I have inherited 1 ?

It's an open title with a 12-year pass of taxes for the property what can be done to put it in my name or a corporation's name so I can renovate it and put back on the market I am not going to keep the property so I'll still only have one

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 31, 2023

You need to consult with a real estate lawyer in your area to read the mobile home park documents to determine what is your best option. Generally, such restrictions are not effective against inherited property but you need to make sure the documents do not contain any language that might defeat... View More

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Florida on
Q: May I remove a DEAD 4'single shrub plant that was planted on the property line. Neighbor says don't touch it or will sue

Just moved to the home 3 months ago. Have had the property line survey done twice to be certain of location of

dead bush. This type of plant has thorns up to 2 inches long and very sharp. Surveyor says plant is 6 inches over the line on our property. Lake Co. FL. Thank you.

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

May you remove a dead shrub from your property? Certainly. And if the neighbor does sue you, and if the judge doesn't believe your expert witness surveyor (who you will have subpoenaed at the trial, hopefully) and rules that the shrub was on the neighbor's property, what damages will... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: My gorlfriend and I are both on the deed to our house. Only I am on the loan. If she dies, does the property go to me ?
James Clifton
PREMIUM
James Clifton
answered on Mar 29, 2023

The property will only go to you if the deed has joint tenancy with right of survivorship language included in it. If not, her half of the property will go to her heirs. Please feel free to reach out for a free consultation.

1 Answer | Asked in Family Law, Real Estate Law and Tax Law for Florida on
Q: Are taxes owed on a house after a quit claim deed is filed if there is no transfer of assets?

I am filing a quit claim deed so that I can relinquish my rights to my home with my future ex wife. Will there be taxes involved?

James Clifton
PREMIUM
James Clifton
answered on Mar 29, 2023

No transfer tax is due on a deed between spouses or former spouses pursuant to a dissolution of marriage when the real property is transferred following the divorce and the property was their marital home or an interest therein at the time of divorce. If you are referring to Federal income tax... View More

1 Answer | Asked in Family Law and Real Estate Law for Florida on
Q: My bf bought me a house he put my name only on deed the agreement was to pay the house bills which I’ve been doing

Wants to add his name to deed after few monthes take me off where do I stand ??? I do not want to be out o. The street !!!

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 28, 2023

No one can make you sign a deed but you will face a few problems if he tries to sue you for the equity in the house or he has a mortgage and stops paying the mortgage. You should consult with a real estate lawyer and bring any documents you have regarding the purchase of the house and the deed.

1 Answer | Asked in Real Estate Law for Florida on
Q: My bf bought me we had a verbal agreement he buys house I pay the house bills deed only in my name wants me off now ??

He wants me off deed after he puts name on deed whats my rights to keeping my house ???and no mortagage I paid out of my bank account only does he need consent to do this if so will u be able to help me in florida??!

James Clifton
PREMIUM
James Clifton
answered on Mar 28, 2023

No one can force you to take your name off of a deed. If your name is the only name on the deed, then you own the property 100%. If you added his name to the deed, then you own an undivided one-half interest in the whole property. If two or more people cannot agree regarding title to the property... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: Owner of house dies No will. House in Foreclosure. Can Family Estate Sale personal property in house before FC date??
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 28, 2023

Yes, the personal representative can sell the personal property. When and if the court orders and holds a foreclosure sale, the buyer would get title to the real property, and would not get the personal property.

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Florida on
Q: Owner of house dies No will. House in Foreclosure. Can Family Estate Sale personal property in house before FC date??

Owner of house dies No will. House in Foreclosure. Can Family Estate Sale personal property in house before FC date??

James Clifton
PREMIUM
James Clifton
answered on Mar 28, 2023

In order to be able to sell anything, the family needs to file for administration of the deceased person's estate in the probate court of the county where the deceased person resided. If there has been no administration filed, you need to act quickly to make that happen so the personal... View More

2 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: Can a quit claim deed still be filed after home being discharged in Bankruptcy?

My mother is looking to add me on the deed to her home using a quit claim deed. I am currently living in the home and making payments. However she filed bankruptcy a few years ago and the home was discharged, so she is no longer financially responsible for the home. I read somewhere that if she... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 28, 2023

It is highly likely the creditor could demand payment in full once the deed is recorded. See a real estate lawyer to discuss the possibilities and to prepare a proper deed if one is advisable. Quitclaim deeds cause more problems then they solve. You should consult a real estate lawyer who is also... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: Bought a house with an ex, she's refusing to sell

We have kids together so I let her stay there now she has a guy coming over and staying anything I can do to stop him from being able to move in my house?

James Clifton
PREMIUM
James Clifton
answered on Mar 30, 2023

There is a simple solution. Force a sale of the house through a partition action. If the property cannot be evenly split, which is very difficult with single-family residence property, the court will order a sale. Get a free consultation to confirm your situation works for a partition action, but... View More

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