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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Florida on
Q: if a quit claim deed in florida is invalid due to only one witness signing can the notary sign later as the second witne

deed is 8 years old but was filed recently

James Clifton
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James Clifton
answered on Nov 30, 2022

If the notary saw the grantor sign the deed 8 years prior, the notary can then sign the deed at a later time as a witness. The witness's signature does not have to occur precisely at the same time as the grantor's signature. However, most notary blocks reference the grantor acknowledging... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Is it illegal for the Lawyer that closed on my house to just keep the past due tax money and did not pay the taxes.

This lawyer collected over 7 hundred dollars of tax money from both myself and the seller at the closing 15 July 2022 and as of 28 Nov. 2022 he still has not given the tax money to the Pinellas County government. Both my realtor and myself have tried for the past month to get him to pay the 2021... Read more »

James Clifton
PREMIUM
James Clifton
answered on Nov 30, 2022

If you believe the lawyer is mishandling funds entrusted to him, contact the Florida Bar Association. It is helpful to have written documentation of your requests to the attorney to turn over the funds as well as any responses from the attorney.

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Energy, Oil and Gas for Florida on
Q: Do I have any recourse against a neighbor who installed solar panels on their roof which now causes glares into my house

At certain times of day I get a blinding glare from the sun’s reflection off their solar panels resulting in loss of use of my kitchen, breakfast nook, living room and patio. HOA says the laws are on their side and the homeowner will not do anything as their installer claims this would reduce... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 28, 2022

Draw the blinds? You have no options against the installer. It's remotely possible you have a claim against the homeowner. You'd have to retain an attorney to research the law to determine if you have a case.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can a change in building ownership get me out of a lease

The lease I signed over a month ago for the upcoming tern of august 2023-july 2024 has the owners name at the time on it. However since then the ownership of the building has changed and it is no longer the owners that are on the lease I signed. I was wondering if this is a loophole i can use to... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 27, 2022

No. The new buyer takes ownership and possession subject to your lease, and the previous owner has or will assign its rights to the new owner.

0 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: I bought a trailer from a man for 800$ cash.. i paid hime a bill of sale. I haven't moved it yet but the man gave it

I paid in cash he gave me bill of sale I spoke w him a week or so ago and told him I had to figure out who n where I was going go move it because the guy who was supposed to backed out last minute. The man told me to keep him posted.. today I was informed tht he gave my trailer away and he... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: I am a realtor trying to find out when a property will go to the courts

I have a client who wants to purchase a property that is in forclosure. I need more information regarding this property

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 22, 2022

No one should buy or sell real estate without a lawyer representing them. It's part of the cost of doing business and can prevent big losses. You can locate the name of the owner by searching the address on the property appraiser's website. Then you can find the case by searching the... Read more »

0 Answers | Asked in Real Estate Law for Florida on
Q: I'm selling a manufactured home I own. The park is having the proceeds going to them and then they will give me a check

At a later date not at closing. Is that how they do it in Florida.

0 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Work around to Continuous Marriage Affidavit when property has completed Probate Process

IF both husband and wife, joint owners of a property have past away (in the same year) AND the property subsequently went thru the entire probate court process successfully and was past on to the only living daughter, is a continuous marriage affidavit STILL required to issue a Title Insurance... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I've been buying a house from an individual or contract is listed at the courthouse she's refusing payments

She returns by payment for the last 2 months she will not communicate with me she's telling me to get out of the house she wants to move back in it I've spent three years fixing up this house it didn't have Plumbing floors anything when I bought it now that I put thousands in it she... Read more »

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Nov 15, 2022

You absolutely need an attorney to handle this for you. The contract and real estate law issues you are dealing with are fairly complicated. There is unfortunately no way to give you a direct answer or guide you through the process through here due to the issues involved. You should at least set up... Read more »

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2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I've been buying a house from an individual or contract is listed at the courthouse she's refusing payments

She returns by payment for the last 2 months she will not communicate with me she's telling me to get out of the house she wants to move back in it I've spent three years fixing up this house it didn't have Plumbing floors anything when I bought it now that I put thousands in it she... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 15, 2022

PLEASE DO NOT do this yourself. Hire an attorney.

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0 Answers | Asked in Real Estate Law for Florida on
Q: is there a way to view property sales records without having to pay

county public records wont give me anything

1 Answer | Asked in Real Estate Law for Florida on
Q: Can an ex-girlfriend remove my name from original warranty deed W/O my knowing,perm, presence,& added hers,new owner
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 15, 2022

Initially hire an attorney to search the title. Then possibly examine possible causes of actions to cure the title if erroneous. You will need a FL attorney with experience litigating real property.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can an x girlfriend remove my name from origwarranty deed with a quit claim w/o my knowledge or permission?

I bought home from old employer,all persons involved, notary,witness and preparer,I never signed anything or was present when this occurred

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 15, 2022

While the original deed would need to be reviewed in order to see precisely what it says and how the property was held, the general answer to your question should be "NO", it normally would require both of you to sign, since you say X-girlfriend, you should pull the property records and a... Read more »

0 Answers | Asked in Criminal Law, Real Estate Law and Child Support for Florida on
Q: Can my x girlfriend take my name off original Deed w/o my knowledge or consent although I was primary owner on orig/deed

She had it notarized and witnessed by all inhouse folk,my previous employer wich home I purchased from

2 Answers | Asked in Real Estate Law and Estate Planning for Florida on
Q: Can a Quit Claim Deed be filed on a home that is still under Mortgage with Lender?

My parents bought a second home which I currently live in, and pay the monthly mortgage on. The loan is entirely in their names and the home is, of course, collateral for the loan. I'm not currently in a position to remortgage the loan in my name. My parents want to complete a Quit Claim... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 14, 2022

It likely would trigger a clause to call the loan to be paid in full. Your parents need to consult with a real estate lawyer to determine the best way to handle this. There are options that could help.

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0 Answers | Asked in Banking, Contracts, Land Use & Zoning and Real Estate Law for Florida on
Q: Deal on buying mobile home fell they because of zoning. Should we still be made to pay dealer processing fees?

We closed on the loan in July. Been waiting for it to be built and the permits. Zoning will not permit it.

1 Answer | Asked in Real Estate Law for Florida on
Q: My brother and I have a timeshare together in Florida. I would like to take my name off of the deed but would like half

of it if he dies or sells it. Is there a way that I can do this if he agrees to the terms?

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 10, 2022

In general, your brother and you can quit claim (a type of deed) your share to you. He can put it in his Will that you get the timeshare when he dies. Of course, he can change his mind at any time and change his Will, and he doesn't have to tell you.

Specifically, you should consult a...
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0 Answers | Asked in Real Estate Law for Florida on
Q: how to respond to notice of interest

If notice of interest was filed by a buy your home agency and the home has 3 owners and only 1 owners signed the contract to sell, but then changed mind and the others owners did not sell because the sell amount was not enough, but the agency filed notice if interest, how can we get this removed or... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Can my HOA increase my dues by 159% because the developer (who still owns 2/3 of the lots) won't pay their share?

The developer controls the board until all properties are completed/sold. The HOA explains the increase like this: The main reason for this increase is due to the delays in constructing the second phase of The Links, which has meant the whole of the Association has been relying on only one-third... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 7, 2022

You cannot find the statute because there is not one that addresses this issue. Any assessment increase caps are in the Declaration of Covenants, Conditions and Restrictions (CC&Rs) for your HOA, which we cannot review in this online forum. Caps were popular decades ago but most modern... Read more »

2 Answers | Asked in Civil Litigation, Education Law and Real Estate Law for Florida on
Q: Under what law am I or anyone , required a GED to become a real estate agent.

I’d like to know the exact law or statue that states I have to have a ged to attend classes to become a real estate agent. Or any other special trade school.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 6, 2022

Section 475.17(1)(a), Florida Statutes, requires you to be a high school.diploma graduate or equivalent, as the minimum education level, to be a licensed real estate agent

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