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Florida Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Collections for Florida on
Q: What is the best way to negotiate unsecured debt lawsuit with the original Bank? I cant afford a lawyer

I have no assets that can be taken and no money.Im not working and applied for SS disability as it will be my only income when received Im 59 y old.How can I get the lowest possible agreement with the bank.I do not want to file bankruptcy.

Barry W. Kaufman
Barry W. Kaufman answered on Jul 31, 2021

Once the bank hands the account to the lawyer/law firm, you should deal with the law firm. Call them and tell them you want to negotiate a payment plan. You will have to offer them an amount that makes sense in relation to the debt. $25 a month on a $5,000 debt is silly, as an example. (If they... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Criminal Law for Florida on
Q: I was deceived in a business transaction and signed two titles to vehicles I owned for someone to sell on consignment.

I sent two trailers out of state to a trailer dealer who is going to sell them on consignment and sent the signed titles. He had promised he was going to pay me and has not. I don’t know if he sold them but he was supposed to pay me nonetheless for the trailers at delivery and he did not. There... Read more »

Henry George Ferro
Henry George Ferro answered on Jul 30, 2021

This does not appear to be a criminal case…it is a civil law issue in contracts…you should immediately communicate you desire not to sell these trailers to the consigned.

2 Answers | Asked in Civil Litigation, Contracts and Small Claims for Florida on
Q: Our daughter in law borrowed our car and totaled it. There was no collision coverage. The tow company is coming after us

To pay the bills for towing and storage. They have threatened a lien on our drivers license. Are we legally obligated to pay?

Linda Liang
Linda Liang answered on Jul 30, 2021

A car owner is strictly vicariously liable if the driver's negligence causes your damages in a Florida crash. This law is called the dangerous instrumentality doctrine. You could also be held liable for negligent entrusting your vehicle, if your daughter is in no good condition to drive a car... Read more »

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1 Answer | Asked in Contracts and Business Law for Florida on
Q: Do software company's have any obligation to support perpetual license holders?

I have a perpetual license for an industry specific design software. We've always been forced to pay a yearly maintenance/support fee. Even if we missed a year becasue we didn't need it, they'd back charge us when we wanted to re-institute the support. Now the company has moved to a... Read more »

Keith Kanouse
Keith Kanouse answered on Jul 30, 2021

This article should give you more information as to whether the software company can terminate the contract.

https://www.lexology.com/library/detail.aspx?g=4820f348-4540-4179-a754-6809061bab0c

2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: What can i do if my car was repossessed and sold within 10 days even if i caught up on my owed amount

My vehicle was sold within 10 days of being repossessed for the amount $551 being owed i paid the 551 and a payment but was unaware the dealer already sold my vehicle as they didnt notify me i made more payments afterwards and went to pick it up and they said they sold it already i was never... Read more »

Linda Liang
Linda Liang answered on Jul 25, 2021

After your car is repossessed, your lender must give you written notice that the car is repossessed. The car can then be sold at a public auction or private sale. The lender must give you notice of the auction or private sale date. If they broke the law, they should cut you a deal to make you whole.

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3 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida on
Q: Civil Defendant insolvent.Does it help to communicate that with Plaintiff so they will not pursue judgement?

What are usual odds for this that Plaintiff drops case since it cant collect ever anyway?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 25, 2021

They will not drop it in all likelihood as they know they can get the judgment if it is legitimate and then hound you and or hold it over you for the next 10-20 years unless you file for bankruptcy. Your best bet is to show up and try to fight them if you have any defenses or if they cannot prove... Read more »

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1 Answer | Asked in Contracts for Florida on
Q: I am in an HOA and if a previous Board did not address a rule infraction, does it get grandfathered and the time frame

Basically an infraction of a by-law or any doc; is there a time frame where it get's grandfathered in and a current Board cannot act on it.

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 19, 2021

It can be up to five years. It depends on if the HOA is filing suit for specific performance (a court order forcing you to comply) or breach of contract (money damages). It also depends on some other factors, but the board has five years from the date they knew or should have known (which can be... Read more »

1 Answer | Asked in Antitrust, Civil Litigation, Contracts and Federal Crimes for Florida on
Q: MY QUESTION WAS . DOES A JUDGE HAVE TO APPLY ALL THE LAWS TO A GIVEN CASE. OR PICK-N-CHOISE? USURY , AIDING AN ABETTING

CAN JUDGES LEGALY TURN A BLIND EYE TO FELONIES ?ARE ORDER ME TO NOT SPEAK ?FOR FOUR YEARS?

IGNORING THE STATUES AND RULINGS OF THE FL.SUPREME COURT LASSITER co V TAYLOR 99/819 COLLECTING A DEBT WHEN USURY? 2 BOILER PLATE POINTS ? ARE EVEN OPENING A CASE WHEN I HAVE THE ORIGINAL NOTE /DEED

Linda Liang
Linda Liang answered on Jul 17, 2021

Your question seems to be case specific. You should definitely hire an attorney to comb through the facts.

1 Answer | Asked in Contracts, Real Estate Law, Federal Crimes and Probate for Florida on
Q: forced to sign a note . that reads i agree to pay 8.297.00 a month at 20 % forever. nothing about total are what its for

seller who forced this signing . sold the me the property on 11/22/13. 10 month before a probate was filed .knowing of new ownership pending via back taxes . i was at 6k in the rehab and 4.3k paid to him . when it hit. after 6 months of wondering the halls of justice. this one lady in the probate... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 17, 2021

I am not sure what your question is because you do not actually have one, but I can tell from the facts you need to hire a real estate litigator immediately. The facts are too many to rely on general advice from an online forum. No one should buy real estate in Florida without having an attorney... Read more »

2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: I signed a tenant release form and now leasing office says I owe the month of july.

Because of harassment, Insults, emotional damage etc from my rommate I decided to leave the premises by the end of july. We both and management agreed to a form that states that I will vacate the premises no later than July 31. It also says that I relinquish my rights to the deposit by signing. My... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 14, 2021

Probably not. Your LEASE and any document you sign that modifies the lease controls, not what some clerk behind a desk tells you.

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3 Answers | Asked in Contracts, Copyright and Legal Malpractice for Florida on
Q: What does B.A.R mean? Lawyers are members, what does it mean? Why are you a member? I was told it is British!?

I need clarification, this site is called ask a lawyer, not ask google, what are you hiding or is that a part of the b.a.r (secret)?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 7, 2021

Did you try google?

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2 Answers | Asked in Construction Law and Contracts for Florida on
Q: How can i make a contractor finish the job i hired him for, and commit to the contract?

I hired a contractor for home improvement job, he is not responding and not finishing the job. He already got half the money. The contract says he has to finish everything by end of April 2021, and yet it's not done.

How can i get him to finish the job?

Linda Liang
Linda Liang answered on Jul 6, 2021

I would remind him of the contract he signed and the consequence if he breaches the contract. I would put everything in writing to show him that you are very serious.

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1 Answer | Asked in Civil Litigation, Contracts and Employment Law for Florida on
Q: Can a contract be voided if you was under the influence?

I don’t remember signing my workers compensation contract after the day I got out of the hospital. I was completely drugged up because I got ran over by a garbage truck. So that means that one of the workers compensation employees had to come by to get me sign their documents. Can I get out of... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 5, 2021

You could certainly try. To have a valid contract, you cannot have an impairment causing you to lack the required capacity to enter into a legally-binding contract. Basically, you must be mentally competent, and being drugged up could possibly cause you to temporarily lose the necessary mental... Read more »

Q: What are my legal options for fair business practices when replacing multiple failed transmissions?

I had an issue with a torque converter and was told by 2 different mechanics that I might as well get a whole rebuilt transmission. In a matter of 2 weeks, I had to take my car to the mechanics 4 times. First to replace my bad transmission with a rebuilt one, then to service it, the to replace it... Read more »

Linda Liang
Linda Liang answered on Jul 5, 2021

You need to find a couple of experienced mechanics to give you expert opinions as to there has been any foul play. Let them put their opinions in writing. After that, you can bring it to a commercial litigation attorney for a consultation as to whether it pays to sue them.

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: I have a contract with a pool company he is half way through and informed up he can’t move forward without a permit

He informed us he isn’t registered in our country to get a permit. The pool was to be completed 6-8 weeks it’s now week 9. What can I do to push him forward?

Charles M.  Baron
Charles M. Baron answered on Jul 3, 2021

See if you, rather than him, can apply for the permit. If your county/city requires the professional to apply for it, and he has no ability to apply, he should never have contracted with you to begin with. Discuss that issue with him and determine if you can reach some amicable resolution, such... Read more »

1 Answer | Asked in Contracts and Criminal Law for Florida on
Q: purchased car for $40,912.59. we redid bank & interest. afterwards original documents show price $42,407.59. $1,495 more

I purchase a preowned Lincoln Nautilus March 20, 2021. When we agree on the price, I was denied a copy the sale work sheet, and was to receive it before I left. In fact they gave me a UBS stick which was empty of files. He email all files except for bank & interest rate and work sheet... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 29, 2021

Very interesting, but not unexpected since it involves a used car dealer. But no lawyer here on Justia could possibly advise you without seeing copies of ALL the documents involved in the transaction. If you want real advice, look for a Florida lawyer using the "Find a Lawyer" tab at the... Read more »

2 Answers | Asked in Consumer Law, Contracts and Legal Malpractice for Florida on
Q: Civil plaintiff attorney has effectively gone missing since April. Resulting in missed deadline sanction won’t call bar

Radio silence to even the bar

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 19, 2021

And what is your question? If this is your attorney find another attorney, who can, take over your case and determine what, if anything, to do about the missing attorney.

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1 Answer | Asked in Contracts, Arbitration / Mediation Law and Elder Law for Florida on
Q: Is this an arbitration clause and should I sign it? Received in my father's ALF paperwork.

Association:

And not by court action except as provided by Florida law for judicial review or arbitration proceedings.

Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the... Read more »

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

You are correct that it's an arbitration clause, requiring legal disputes to be resolved in an arbitration proceeding rather than a court. Certain businesses like such clauses in their contracts in order to have disputes resolved in a less costly fashion and to prevent claims from being... Read more »

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Elder Law for Florida on
Q: Is this an arbitration clause and should I sign it? Received in my father's assisted living contract.

And not by court action except as provided by Florida law for judicial review or arbitration proceedings.

Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the notice of pending... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 11, 2021

If you don't understand the arbitration verbiage in the contract, have an attorney explain it to you. It basically means that, if there is a dispute over the contract, you will have to arbitrate the dispute instead of filing a lawsuit. See:

https://en.wikipedia.org/wiki/Arbitration

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Florida on
Q: I quit claimed a property from my LLC to my partnership LLC but did not record it. Is it legal?

I need to refi the partnership property but can't due to lien on the LLC still shown on county records as owner. My attorney says since I didn't record quut claim its not legal but everything I read says it is. Is it?

Charles M.  Baron
Charles M. Baron answered on Jun 8, 2021

The execution (signing/notarizing) of a deed legally effectuates the transfer, and the recording of the deed is to put the world on notice of the transfer. When it comes to liens, the order of recording can determine the priority of the liens. Ask your attorney to fully explain to you, and or... Read more »

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