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Florida Contracts Questions & Answers
3 Answers | Asked in Contracts for Florida on
Q: I have a single owner LLC in Port St. Lucie. i have been sued for 19,000 over a contract. i am out of state.

i could represent myself( facts very straightforward) but need a lawyer because this is an llc. how do i proceed? my company has no assets.

Phillip William Gunthert
Phillip William Gunthert answered on Nov 19, 2019

You do need and attorney because if it is a single member llc and you have no assets in the llc and you lose they will go after your personally by attempting to pierce the corp. veil in their filings and which is very common in such an action. You need to seek out a business/civil litigation... Read more »

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2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: I want to sue a mobile auto repair company and the mechanic. Which area of law does this come under?

My SUV wouldn't start. I hired a local mechanic who works for a company based in California. Because I had to turn the ignition key and wiggle it to start the SUV, I suggested that may be the problem. He replaced the ignition switch (claimed he had to put in a new housing, too). He said my problem... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 18, 2019

You may have a claim against the mechanic--but probably not against the California company. The company will say the mechanic is an independent contractor and is liable for his own mistakes. I suggest you call the Clerk of County Court in your county and ask for copies of the forms used for cases... Read more »

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1 Answer | Asked in Banking, Contracts and Small Claims for Florida on
Q: What is the statute of limitations on a breach of contract claim from a bank in Tennessee and Florida?

A national bank from an account in Tn in 2010 claimed Breach of Contract from overdraft/late fees on an account that was thought closed. In 2012, the bank sold the debt to a collections agency. Now, a (different) collections agency is attempting to collect on the debt plus huge amounts of interest... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 14, 2019

Either two, three or four years. So if I were you I would work within the two year possibility.

1 Answer | Asked in Business Law and Contracts for Florida on
Q: If a car is being financed an there is a borrower and co borrower whom have split up; who then gets full ownership?

Can one party just show up and take the vehicle with out the others permission as they both have rights to the vehicle or is there always a primary and secondary owner? ALSO is there a way to remove one party from the title before the loan is paid off? Like gifting your portion an do a title... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 12, 2019

If the two names on the title and connected with the word "and" it requires BOTH owners to do anything with the car. That does NOT mean that one of the owners cannot sneak in during the night and take the car; however, to do so would be an unlawful act--perhaps even a criminal act under certain... Read more »

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: as a qualifying agent for a licensed building contractor in florida can i write a contract in my name with their license

and or have no payment made to them just to me and any other trades involved

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 11, 2019

No, of course you can't do that.

1 Answer | Asked in Contracts, Employment Law, Business Law and Intellectual Property for Florida on
Q: Can I get sued over pictures of work taken as a subcontractor?

My husband and his brother worked independently for some time. His brother opened a company and my husband kept working with him, never did he sign a w2 or an employment contract. We decided to open our own business and when they asked for my husband to sign a w2, my husband told him he would not... Read more »

Linda Liang
Linda Liang answered on Nov 11, 2019

It is not as white and black as you wish. I think you should hire an attorney to get your strategy ready and respond.

4 Answers | Asked in Contracts, Divorce and Real Estate Law for Florida on
Q: If a married couple buy a house but the loan is only in the husband's name does that affect property division in Divorce

We are ready to purchase, I am retired, been married 24 years, 13 year age difference. He applied for the loan without me being on the loan. My name is on the contract however. I am worried because we will be using joint money for the down payment.

Linda Liang
Linda Liang answered on Nov 11, 2019

The loan is different issue from the title. It doesn't matter who pays or who signs, the names on the title are the evidence of the title.

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2 Answers | Asked in Contracts for Florida on
Q: Employment letter states will pay $35,000 for a 10 month contract. It also has "At will" clause. I was let go, breach?

I was let go due to downsizing at charter school, Polk county.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 4, 2019

The actual language and specific terms of the written employment contract will control this question. Generally, unless the employment contract is different than many others I have seen, the "at will" clause will over-ride the part about the salary and the number of months. At best I could argue... Read more »

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2 Answers | Asked in Contracts and Collections for Florida on
Q: What is notice of withdrawal of notice of voluntary dismissal
Linda Liang
Linda Liang answered on Nov 4, 2019

Are you being sued by someone? It seems a party has filed notice to withdraw the complaint and changed their minds thereafter.

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1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Does a builder have to escrow non-refundable deposits when they build less then 10 homes per year? See statute 501.1375

Also, the client owns the land already where the home was to be constructed.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 1, 2019

Without spending any time reviewing the statute mentioned here I will point out the obvious: If the deposit is "non-refundable" then it is probably NOT covered under the statute cited.

Having said that I feel that I would be remiss in not presenting this free practical advice--offered for...
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1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: Permitted project that the property owner added work to illegally and now contractor failed inspection.

Can the illegal work by the home owner be removed by the contractor of record as he refuses to resolve the issue?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 1, 2019

The question about whether the contractor should or should not have to remove the property owners "illegal work" is not a legal question. If the permitting agency will not approve the job as it is then the property owner will have to do whatever it takes to fix the objections. And unless the... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Apartment charging me rent after asking me to move out

I informed my complex I was planning to move out and submitted a sublease form since they did not give me the option to break the lease. After a week they left me a voicemail saying they found someone to sublease and asked if I can move out and submit my keys in the next couple of days so they can... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 21, 2019

You may be stuck--because unless the agreement was in writing the landlord does not have to abide by it.

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1 Answer | Asked in Contracts and Small Claims for Florida on
Q: woman, is refusing to open the door to the sheriff to be served

What can be done? It's in Florida.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 15, 2019

What does the deputy say? How does he or she know that the woman is at home?

Assuming you are the plaintiff, get the sheriff to file a return of service explaining in detail what occurred. Then, when it's time, ask for a judicial default.

3 Answers | Asked in Contracts, Civil Rights and Landlord - Tenant for Florida on
Q: Is it okay if a police officer records you and uses you as evidence without your knowledge?
Linda Liang
Linda Liang answered on Oct 15, 2019

No, it is not. But why is this question in Landord-Tenant session?

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1 Answer | Asked in Contracts for Florida on
Q: How long does a Car dealership have to provide the car Lessee with a copy of the signed papers
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

This is not a legal question. There is no rule or statute that requires auto dealers to provide copies of signed lease documents to the person(s) who are leasing the car within any specified time frame.

1 Answer | Asked in Business Law, Contracts, Consumer Law and Copyright for Florida on
Q: If you break the terms of service of Google Play Store (concerning Android), and further, Apple (concerning iphone)...

If you break the terms of service of Apple or Google Play Store, and it specifically states in the terms of service,

"If you break any term of this agreement, your right under this license automatically terminates without notice to you",

does that mean that you can never use your... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

This is not a legal question. Moreover, while lawyers are very intelligent and highly trained professionals--we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine on your current... Read more »

1 Answer | Asked in Collections, Contracts and Landlord - Tenant for Florida on
Q: I have a grown son living in my house. We want him to move out. The problem is my wife borrowed four thousand from him

For the down payment. We have been paying him back one hundred a month. He says we can't make him leave because of the money and because he lives here and receives mail here. What can we do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

This is not a legal question. This is a (very sad) personal dilemma created by you and your grown son. Unless the oral contract between you and your son is in writing it is no enforceable--by you or your son. Thus I am unaware of any legal remedy you could use lawfully to evict your son. At best... Read more »

2 Answers | Asked in Contracts and Products Liability for Florida on
Q: Is this live?

Is this site live with a real lawyer?

Phillip William Gunthert
Phillip William Gunthert answered on Oct 9, 2019

No, not live, based on your question and topic a Florida Licensed Attorney may or may not answer your question as it is all basically volunteer time from attorneys in order to point you in the right direction, if you want more details or specifics you will have to follow-up with an attorney and... Read more »

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1 Answer | Asked in Contracts for Florida on
Q: What is the normal results of a landlady selling a property that is under a lease agreement?

The landlady returned my deposit and wants to break the lease.

Geoffrey E. Sherman
Geoffrey E. Sherman answered on Oct 8, 2019

It depends on the terms of your current lease agreement. Generally if you have a valid lease agreement (more than a month to month lease) the seller of a property will assign the lease agreement rights to the new owner and the new owner will take the place as your landlord.

1 Answer | Asked in Contracts for Florida on
Q: I have a signed a contract on home in FL, the deposit is not due for another day. Can I legally cancel the contract?
Linda Liang
Linda Liang answered on Oct 7, 2019

Realistically speaking, if you cancel, they won't probably go after you because it is not worthy the time, most likely.

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