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Florida Contracts Questions & Answers
1 Answer | Asked in Business Law, Contracts, Real Estate Law and Land Use & Zoning for Florida on
Q: If a company donated land to build a library with a reverter clause in 1979, would it be void in 2021 based on this law?

A new library was built in a new location to replace the old one. Just curious to see what could happen to the old library since it has a reverter clause.

Charles M.  Baron
Charles M. Baron answered on Feb 25, 2021

You ask if it would be void "based on this law", without saying which law you are referring to. Did you leave something out, or did you mean to ask if there is any law that would void it out? I suggest you re-phrase.

1 Answer | Asked in Contracts, Real Estate Law, Intellectual Property and White Collar Crime for Florida on
Q: Can someone please help me? I am being framed.

Both my brand new Inspiron and my really old hand-me-down HP have been exchanged at the CPU part, the base. I know there is an FBI investigation, now they can't find anything so they're setting me up to fail because I found accidentally SEC stuff relative to assets (A Huge Number of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 15, 2021

IMO, you should have learned better before this happened. So learn it now: Seeking attention in the manner you have recently done sets off many alarms in many places you have never heard of.

The next thing you need to learn is that competent successful Florida lawyers will probably not...
Read more »

1 Answer | Asked in Contracts for Florida on
Q: My boyfriend at the time agreed orally and through text message that he would provide me with financial support

In exchange for me quitting my job and moving across country. He partially performed. Can I sue him under promissory estoppel/ breach of k?

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 13, 2021

Probably not. You might have a claim for spousal support if you were married to him, but since you (I assume) aren't his spouse,, you probably would not get a judge to rule in your favor.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Can I do a stipulation with a 30 day notice?

I have a 30 day notice and I have more than half the amount needed to settle but my complex will not agree to a payment plan.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 10, 2021

It's not clear what you are asking about, but no: both parties have to agree to all the terms in any stipulation.

2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: What's a pleading? Is there a template?

I am the party (individual) initiating the action against another individual who operates a business. I have already submitted a statement of claim which was accepted and the process has moved forward. Now I need to submit a pleading and I'm pretty lost.

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 29, 2021

There are a mountain of various types of pleadings and a lawyer would need to know what you are trying to achieve or if you have been ordered by the court to submit a pleading, then the wording of the pleading. This site is not meant to teach someone how to proceed pro se with litigation. It is... Read more »

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1 Answer | Asked in Contracts, Family Law and Landlord - Tenant for Florida on
Q: I rented from a place for 8 years, later I received a notice that I owe 550.00I'm 55yrs old & never had problems

Where I lived for 8yrs was bought. Once the new mangment company came in they started to pass out, non renewal for up coming leases to they own choising and

I was one of them. I passed the inspection part after I moved all my property out.

Weeks later I received a statement that i... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jan 26, 2021

You didn't state what the bill was for, or who sent it, and nobody can read it online. If you think you need an attorney's advice, best to make an appointment with one.

1 Answer | Asked in Contracts for Florida on
Q: My boyfriend signed an agreement that to provide me financial support since I quit my job and moved in. Is he liable?

I'm ready to break up, but he said he would pro ide support and he signed an agreement we wrote up.

Charles M.  Baron
Charles M. Baron answered on Jan 24, 2021

There are various legal issues arising in this situation, which is quite common. First, your agreement may or may not be enforceable, depending on the language and circumstances. To be enforceable, there would have to be "consideration", which means BOTH sides must receive some kind of... Read more »

1 Answer | Asked in Contracts for Florida on
Q: 3 months later, my lease contract signed by both,under monthly discounts it says 942.Complex says mistake not honoring
Erik A. Perez
Erik A. Perez answered on Jan 21, 2021

I do not understand this question. However, the parties in a lease must abide by the lease terms and there are few exceptions to that rule. Please contact me to discuss further.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Just moved from Jacksonville to Tampa and security deposit is being withheld on many items that are bogus.

Hello, I was trying to seek legal aid in Jacksonville, but having moved recently to Tampa I’ve been told by JALA (Jax area legal aid) that I needed a referral from my county... but my security deposit is being withheld. On the itemized list there are some legitimate items and others that are... Read more »

Erik A. Perez
Erik A. Perez answered on Jan 21, 2021

It seems that landlords always try to pull some shenanigans with the security deposit at the end of a tenancy. In Florida, the applicable statute is 83.49. An important thing to note is that pursuant to the statute the certified notice of intention must be sent to you within 30 days. The statute... Read more »

1 Answer | Asked in Contracts, Estate Planning and Antitrust for Florida on
Q: Moms trust states no heritance until I work 1 year, I get ssi I've tried to work, can't mentally disabled. What 2 do

It is a trust, my estranged sister is trustee. I have worked at 3 different places. This year. I can't hold job

Nina Whitehurst
Nina Whitehurst answered on Jan 13, 2021

This forum is for questions of a general nature. Your question "what to do" solicits advice regarding your particular situation. No attorney can give you advice about what to do without reviewing the trust and also asking a lot of questions about your particular circumstances. You need... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Can I personally buy and sell land in TN and do my own in house closings if I live in FL?
Anthony M. Avery
Anthony M. Avery answered on Jan 11, 2021

You probably violate no laws in conducting transactions where you are a party. But representing someone else will definitely be tricky and sometimes illegal. But you are directly asking for trouble. You need a competent attorney to conduct title searches, determine or record sources of... Read more »

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: Minor Deviation in company name "Inc." versus "Incorporated" real-world cases

In Florida, are there any real-world cases (not only in theory) that a contract was considered non-binding because of a minor deviation in a company name? For example, the articles of incorporation says ABC, Inc. but some of the contracts say ABC Incorporated. Was there ever a time when there was a... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 11, 2021

The issue is whether, at the outset, there was a meeting of the minds on who the parties are and the material terms of agreement. If you have that, minor technicalities such as you mention likely would be deemed to be irrelevant.

1 Answer | Asked in Business Law and Contracts for Florida on
Q: Can a mobile home dealer raise there price after having a signed contract with them and promised delivery 6 months ago?
Keith Kanouse
Keith Kanouse answered on Jan 7, 2021

I doubt it but it all depends on the language of the contract. Without reading the contract, I cannot give you an opinion.

2 Answers | Asked in Business Law and Contracts for Florida on
Q: May I use the fictitious name as heading in an End User License Agreement?

We are a small software company in Florida. We are planning to use the fictitious name as heading in the End User License Agreement (EULA) instead of the legal company name, but the legal company name is mentioned in the body of the agreement, for example, "Company A doing business as XYZ... Read more »

Keith Kanouse
Keith Kanouse answered on Dec 29, 2020

Yes if you comply with the requirements of Section 865.09 of the Florida Statutes first.

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1 Answer | Asked in Contracts for Florida on
Q: In Florida, can a teacher make a child sign a contract, with threat of disciplinary action, if not signed?

My child was made to sign a contract in school, with the threat of disciplinary action, if it wasn't signed. We as parents, were not informed of this, prior to signing.

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 19, 2020

In general, a "contract" signed by a minor is not enforceable. So it probably doesn't matter. What did the "contract" provide?

2 Answers | Asked in Consumer Law, Contracts and Real Estate Law for Florida on
Q: Who may I sue in a new home construction sale, the builder or the seller?

I signed for a new construction home, now that is almost finished they did a different kitchen, as explained by the seller, the ceiling is low than the offered by the seller, and principal bathroom was offered with two sinks and they put only one.

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Dec 11, 2020

Not enough information but enough to see you need an attorney to review the contract and the events leading up to entering into the contract. Based on that review it should be able to be determined if you have a chance to get damages, or if you already purchased it, have you waived rights to sue... Read more »

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1 Answer | Asked in Contracts for Florida on
Q: I owe Toyota corp $575.00 for repossing fee - what will happen?
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Dec 9, 2020

It depends on several factors. Have you paid your car loan in full and are you in possession of the car? Normally financing agreements provide that you are liable for all costs of repossession and sale. If the finance company is in possession of the vehicle they do not have to return it to you... Read more »

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: Can I ask a prospective employer for severance pay package if the company were to close?
Charles M.  Baron
Charles M. Baron answered on Dec 6, 2020

You mean asking an employer that you're thinking of working for in the future whether, in the event they ever go out of business, they'll give you a severance pay package? Same as proposing anything else for your compensation and benefits; you can propose anything you feel like. Beware... Read more »

1 Answer | Asked in Contracts for Florida on
Q: The limited POA given to me by brother has both of our middle initials listed.

In the timber cutting contract I am signing, it does not have the middle initials listed. Can I sign without using the middle initials, so as to agree with the contract?

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 24, 2020

Sign it however you usually sign documents.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: I HAVE ASKED MY HOA FOR THE OWNERS NAME AND ADDRESS OF OUR MANAGEMENT CO. AND WAS GIVEN THE RUN AROUND WHAT DO I DO

THE ADDRESS THEY PROVIDED IS FOR ANOTHER MANAGEMENT CO. AND THEY TOLD ME THEY HAVE NOTHING TO DO WITH THAT COMPANY

Barbara Billiot Stage
Barbara Billiot Stage answered on Nov 24, 2020

HOAs do not have a statutory duty to answer questions from homeowners, but in the case of simple questions like this, it sends up a red flag for me that the HOA is not being transparent. Who do you pay assessments to? Usually assessments are sent to and processed by the management company. Is it... Read more »

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