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Florida Contracts Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Am I possibly allowed to take Paypal to court after neglecting a compromise in my account and charging my removed card?

So it began yesterday morning at roughly 1:30 AM EST, when my account password was changed, so I had went back in and changed it. Little did I know, someone had been logged into my account, and Paypal (assumingly) did not log them out, after they copied my card numbers and then purchased an online... View More

James L. Arrasmith
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answered on Feb 23, 2024

Yes, you may have grounds to take PayPal to court if you believe they neglected a compromise in your account and mishandled your dispute regarding the unauthorized transaction. PayPal has a responsibility to ensure the security of their users' accounts and handle disputes fairly and... View More

2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Municipal Law and Civil Litigation for Florida on
Q: how many days do i have to answer a motion to compel discovery or any other motions? is there a statute or rule?

in florida collier county civil?

James L. Arrasmith
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answered on Feb 4, 2024

In Florida, the time you have to respond to a motion to compel discovery or other motions generally depends on the specific rules of the court in which the motion was filed. However, as a general guideline, you typically have 20 days to respond to a motion in Florida's state courts. This... View More

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2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: In Florida, what is the legal definition of a gated community?

We have a front gate but a big section of our community does not have a barrier separating it from surrounding areas. We are trying to figure out whether or not it was false advertising and the builder is responsible for providing the additional barrier needed to gate in the full community or if... View More

Jane Kim
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answered on Jan 21, 2024

There is no specific definition about that. You may want to review your PUD (Planned Unit Development) documents filed with the county and your HOA governing documents, to determine if the final community reflects the governing documents.

It also depends what you are trying to get at...
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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: One year term - monthly home lease in Florida without exit clause. Can it be broken without paying for the full year?

Elderly couple on fixed income selling their home in Florida with an August 21, 2023 closing date. They were required to be out of the home prior to the closing date. On July 13th they leased a residence based on a one year term, monthly payment lease and moved in. The lease had no "early exit... View More

Timothy C Martin
Timothy C Martin
answered on Jan 19, 2024

A signed lease is a legal contract between the parties. In this situation, the elderly couple signed a one-year lease, so the landlord can hold them responsible for it. If the lease allows, the unit could be sub-let to another renter, but the couple will be responsible for rent until that happens.... View More

1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: Can I still file a Motion to Enlarge Time to File Response if Plaintiff's attorney has said they wouldn't approve?

Can I just file it with the court, or does opposing counsel have to approve/accept it?

I asked them for a 30 day extension so that I can find adequate counsel and they said they wouldn't allow it.

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 18, 2024

Yes, that's your only option. Either you or the plaintiff's attorney can set your motion for hearing. "I need more time to find an attorney" is generally not a good reason for the judge to grant your motion. My suggestion is to file your motion, and be working real hard to hire... View More

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: Is my lease still valid if I signed 8/2023 come to find the company’s LLC dissolved in 9/2022?

I am having to move and they are saying I have to pay remainder or rent for 6months including my deposit, have heard shady stuff about the company so I did a quick search and found this out. I’m in Orlando, Florida

Jane Kim
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answered on Jan 7, 2024

It depends how the lease was signed. Also, the LLC may not be the right party to the lease but the terms may inure to an individual. You need to read the lease to understand more. Basically, they shouldn't be creating new terms, and you shouldn't be unjustly enriched because the LLC... View More

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: BANK CANCELS CAR LOAN CONTRACT DUE TO LATE FIRST PAYMENT OF 14 DAYS. IS THIS A REPO AND HOW ?? ARTICULE 9?

NOW....THE DEALER EMAILED ME AND WANTS THE CAR BACK DUE TO BANK REQUESTING BUYBACK TO DEALER AS I DEFAULTED ON THE FIRST PAYMENT.

NOW.....

CAR GOES BACK TO DEALER,

DEALER GIVES WESTLAKE BANK THE MONEY BACK,

CUSTOMER LOSES 3K DOWNPAYMENT.

THE CAR PRICE WAS... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 6, 2024

Did you agree to terms that let them take advantage of you as you describe, or not? Read the contract terms on the remedies granted to them when the buyer is in default, and determine if you agreed to whatever those are. If unclear, or you think they are violating the terms or that you did not... View More

1 Answer | Asked in Contracts for Florida on
Q: Signed contract but was told different information

When signing a contract at this gym I was told there would be a $100 cancellation fee, now I am attempting to cancel and they are making me pay 50% for the remaining months

Nicole Deese Newlon
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answered on Jan 5, 2024

Often there is a provision in a contract that says verbal representations (what they say to you outside of the contract) are not controlling and the terms of the written agreement are controlling. Does your contract with the gym say that it would be 50% for the remaining months? If so, it may be... View More

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: I have two project contracts direct with an owner of a building. Can I file one lien for both or do I need to file two?

We are an Engineering company who contracted directly with the owner. No NTO was sent.

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Dec 19, 2023

In general, when a person entitled to record a construction lien is in privily with the property owner, no notice to owner is required as a precondition. Again, in very general terms, the right impose a construction lien is based upon services performed under the contract's particular scope... View More

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: Unfinished work that was paid for and no response from pool builder

I am currently facing a situation with a pool construction company, Holiday Pools, that has refused to communicate for over 30 days and has not finished the pool construction as agreed. What legal steps can be taken in this scenario, and what options are available to address this issue?

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Dec 19, 2023

Unfortunately, you are in similar shoes to many in Florida who find themselves dealing with pool contractors who may have over promised, under performed, and often the homeowner finds themselves with a big hole in the ground and not much else.

The further unfortunately, is that while...
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3 Answers | Asked in Consumer Law, Contracts and Health Care Law for Florida on
Q: I was a patient at South bay medical and found out they closed but the treatment never worked 17 times $4500.00 what can

I do about this I'm paying for something that did not help and there was several others the same thing

James L. Arrasmith
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answered on Dec 14, 2023

If you received treatment at South Bay Medical that was ineffective, and you've incurred significant expenses, there are a few steps you can take. First, gather all relevant documentation related to your treatment, including any contracts, receipts, and records of your visits and the... View More

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1 Answer | Asked in Contracts for Florida on
Q: My ex boyfriend co-signed on a vehicle for me while we were together. Who has rights to the car?

My ex boyfriend became very abusive so I left him. He is very vindictive and has started threatening to take the car from me. I made the down payment and have made every payment on the loan this whole time of ownership on the vehicle. He stated he’ll take it and not make any payments basically... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 12, 2023

Schedule a consultation with an attorney in your area who handles general practice or civil litigation. A Court is very unlikely to make the lender accept you as sole owner/borrower. The most practical remedy might be sale of the car with payoff of the loan, and if your ex used or otherwise... View More

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Can we as an HOA legally stop an airbnb in Florida.

Our HOA discovered a home being used as an airbnb. Our CCR's don't specify against them but do against businesses restricting commerce, industry, business, trade or profession. Since Florida requires an airbnb to be licensed and our CCR's restrict businesses can we prohibit them?... View More

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

First, I caution that if you are a board member, you have a fiduciary duty to ask this of your association attorney rather than strangers on the Internet who have not read your documents. If your HOA doesn't have one, it needs one. Board members cannot amend association documents because... View More

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Florida on
Q: Roofers put lien on both houses disputing payment what attorney/lawyer do I need

The original lien has charges totally different from papers delivered by sheriff. I've had dispute over charges for work not done but charged for with no response

Jane Kim
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answered on Dec 9, 2023

You are describing construction lien law.

The issue in this area is that the builder or contractor does not usually pay any legal fees upfront because often lawyers take these cases on contingency. I find young lawyers taking more cases that they shouldn't. This creates litigation...
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Q: I am purchasing land to establish a farm and I am told I need a lawyer, but I don't know what kind.

I need to have a purchase agreement with the seller to proceed with the FSA who is giving a farm loan to purchase the land 100%.

Charles M.  Baron
Charles M. Baron
answered on Nov 24, 2023

For the real estate transaction, hire a real estate lawyer. If you still need to set up your business entity for the farm, hire a lawyer handling business formation. You might be able to find a lawyer/law firm that does both. Another issue is whether your land is already zoned for everything you... View More

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: How to tell if someone is a qualifying agent or just a rented license?

Let’s say I sign a contract with contractor A but permits are pulled by contractor B. Bs company is also listed on the permit not the company you signed the contract with. Is contractor B an actual qualifying agent or a “rented” license.

If contractor B was an actual qualifying agent,... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 17, 2023

In general, all qualifying agents' licenses should be publicly available on the DBPR's website, although there is the possibility that the application is in process or has not yet been posted due to administrative lag. While there is zero factual context for this question,... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Florida on
Q: I invested in an apartment application, but unfortunately, my bad credit led to a denial. However, I managed to find ano

I invested in an apartment application, but unfortunately, my bad credit led to a denial. However, I managed to find another company that offered assistance in securing the apartment. Now, they have unexpectedly given me a tight deadline of 48 hours to come up with $5,000 or I lose the place. Is... View More

James L. Arrasmith
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answered on Nov 16, 2023

In Florida, the legality of demanding a quick payment like $5,000 in 48 hours for an apartment can be questionable, particularly if it wasn't clearly stated in the agreement you signed with the company. It's important to review any contract or agreement you have with them to understand... View More

1 Answer | Asked in Contracts and Animal / Dog Law for Florida on
Q: Is there a remedy for refusing to return an animal as stated in a contract?

I have a purebred horse used for equine sports. We listed the horse for sale through a broker. A couple agreed to purchase through a “lease to own”. They wanted a one month trial at lease cost then full purchase price if they kept her. The month ended but they haven’t purchased or returned... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 1, 2023

I'm assuming you had your lease/sale arrangement in writing and signed by the couple, that you have demanded return of your horse in writing, and the couple has either refused to return her or has completely disregarded your demand. In that scenario, this likely constitutes a THEFT, so you... View More

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: My spouse and I singed a contract in February to have an in ground fiberglass pool installed. As per the contract we

We paid 4000 to start and 36,000 for the pool shell. The next payment would have been for pavers and then a payment to finish the job. However, we found out that the new owner was not a lisenced contractor and had used the old owners name and lisece on the contract. This was reported to the... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 1, 2023

I am sorry to learn of this truly unfortunate situation. Needless to say, there are many moving parts resulting from this complex fact pattern, including the property damage to the home, the damage to the existing shell and voiding of the warranty, never mind the fact this entity appears to have... View More

1 Answer | Asked in Contracts and Consumer Law for Florida on
Q: I signed a contract for an rv but then some weeks later got a letter saying the loan was not approved At that moment of

I signed a contract for an rv but then some weeks later got a letter saying the loan was not approved At that moment of signing contract i also sold them my car that has a payment still needed. They did not give me any paperwork that i signed with them one being power of attorney

They are... View More

Angelo "Tony" Marino Jr.
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answered on Oct 25, 2023

The devil is in the details. A lawyer will need to look at the agreement you signed. This sounds like a yo-yo sale, which means they sold you the vehicle and now want to renegotiate the loan. This is an unfair and deceptive trade practice. Very, very seldom is a dealer willing to let a vehicle... View More

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