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Florida Contracts Questions & Answers
2 Answers | Asked in Contracts for Florida on
Q: We have a signed contract for replacement of windows in our home. At the removal of the old windows, a small amount of

wood rot was found and fixed by the window contractor. They are now billing us for what we consider an excessive amount for this repair and we have asked for a breakdown of # of hours and labor rate to justify their amount. They have refused--saying they do not have to provide that. Are we... Read more »

Linda Liang
Linda Liang answered on Sep 11, 2019

Yes, you are legally entitled to this information if the term of repair is outside the scope of service stipulated in the contract.

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2 Answers | Asked in Contracts for Florida on
Q: I had to turn-away moving company due to last minute price increase. What options do I have for recouping any deposit?

They arrived 1-day before selling my old home. The crew said it was listed as direct move and wanted 4K upfront for storage before they would start work. I had never indicated a direct move as the new home closing was not scheduled until the week of the move. I just had a general time frame of... Read more »

Linda Liang
Linda Liang answered on Sep 6, 2019

You didn't mention any fact about paying deposit. Did you pay? If you did, you may ask them back arguing unjust enrichment. Did you sign any agreement? It's easier to argue if you have recorded the deal.

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1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: My contract with my realtor expired on midnight 31 August. He did not remove his information from the house listing

Different realtor wants to make offer on house, original realtor said I owe him commission even though this viewing was not arranged by him, and came 4 days after his contract ended. He did not remove his information from sites as of today, even though I sent several messages reminding him contract... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Sep 4, 2019

This is difficult to answer without reviewing the listing agreement and without knowing how the now interested party found out about the property

3 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: My husband & his aunt were deeded a house in MD upon his mother's death over a year and half ago.

Deeded "right of survivorship". Instead of selling the home, the aunt moved in agreeing to pay my husband his share of value. A contract was signed June 2019 and it even went to the Title Co for closing last month. She thought she could take money out of the estate (she's executor) to pay my... Read more »

Linda Liang
Linda Liang answered on Sep 4, 2019

You said they went for closing but transfer of money was not made. Does that mean the closing didn't occur? I.e, the deed was not delivered? The bottomline is that if the ownership did not shift before your husband passed away, the court might hold that his share passes to your aunt.

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3 Answers | Asked in Contracts for Florida on
Q: HI, I live in Miami Florida. I am renting an apartment and about to leave the apartment because my lease is finishing.

HI, I live in Miami Florida. I am renting an apartment and about to leave the apartment because my lease is finishing.

My landlord took the oven to be fixed 11 months ago and never fixed it. i paid rent monthly on time. now the landlord wants to take some of my deposit for painting.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 28, 2019

If you never complained about not having an oven for 11 months I would say you are a tad late to do so now. On the other hand, it never hurts to ask: tell the landlord you will forget about not having an oven if he will forget about taking some of you deposit to paint the wall behind where the oven... Read more »

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2 Answers | Asked in Contracts for Florida on
Q: Am I required to purchase yacht by contract date if that date is during hurricane

Am set to transfer funds for yacht purchase 2 days before named storm is expected to arrive, is there provision in law allowing delay until after storm?

Jonathan E. May
Jonathan E. May answered on Aug 28, 2019

There is case law that allows for limited contract breach based on natural disasters. Most companies would be more than willing to make an amendment to the agreement to accommodate the circumstances. Try to compromise with them first before seeking counsel if you would like to save on attorney... Read more »

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1 Answer | Asked in Contracts for Florida on
Q: I want to know how to get out of my solar panels contract, I pay 166.00 a month my Duke bill is 186.00 it hasn't change

Like they said I'd pay 30.00 bucks to Duke I cant afford it

Charles M.  Baron
Charles M. Baron answered on Aug 26, 2019

You need to consult an attorney in your geographic area who handles consumer or business matters, as the only way to determine if you have the legal ability to cancel the contract is for an attorney to review the contract in its entirety and to interview you regarding all of the communications... Read more »

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: If I agree to purchase services but change my mind before I receive them, am I allowed to get a refund?

The receipt does state "Final Sale" in small letters at the bottom. This was for cosmetic procedures in a medical office. I thought Florida Statutes provided some protection.

Linda Liang
Linda Liang answered on Aug 26, 2019

The receipt could be boilerplate and thus not part of your agreement. The bottom line is that if you haven't received the service, you should not pay for it. You should look for "cancellation" provision in the agreement.

2 Answers | Asked in Contracts for Florida on
Q: What can I do to get out of a contract with a solar company
Linda Liang
Linda Liang answered on Aug 26, 2019

We need more information to assess your options, such as non-performing of the other party.

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1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Does a management agreement for a Condominium has to be in writing?

I live in a Florida Condominium Association (+300 units and +$1 million budget) under the authority of Fla. Sta. 718. Does a contract entered between the Association and the Management Company (CAM) have to be in writing?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 24, 2019

No, not legally--but if I was the association's part-time lawyer I would strongly advise the HOA not ever to hire any person or corporation to perform any of the regulated activities incumbent upon them as a CAM. All the written CAM agreements I have prepared for Condo associations and HOAs all... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: Can an ex-fiancé Be responsible to continue to pay for an obligation that he agreed upon in a relationship?

He committed to pay for an above ground pool knowing I couldn’t afford it. I have text messages of him saying he will pay 100% prior to the break up. I also have the direct deposits for the pool payment. Now that he left (while I was at work a month ago, no notice) I’m stuck with this payment I... Read more »

Charles M.  Baron
Charles M. Baron answered on Aug 20, 2019

All facts, communications, and writings (including the agreement with the pool company) would need to be examined to give reliable legal advice. Based on your brief description here, you appear to be in a situation in which you may or may not have legal recourse - and it's a situation that would... Read more »

2 Answers | Asked in Contracts for Florida on
Q: Is a broker required to present any and all offers to purchase a yacht to the seller client?
Charles M.  Baron
Charles M. Baron answered on Aug 19, 2019

Generally yes, but what the broker is obligated to do (and what he/she is liable for if an obligation is breached) should be set forth in the brokerage agreement. Most of his/her obligations are found there, rather than in the law. Research would have to be conducted to determine if there is a... Read more »

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1 Answer | Asked in Contracts for Florida on
Q: I want to understand what the difference would be for my mother to sign limited POA to a trust for which she is the ..

.....beneficiary and I am a co-Trustee (she is not a Trustee) and her brother is the other co-trustee, versus signing limited POA over to just me? The limited POA would be to sell a condominium and handle the funds generated. This condo is in her name and she owned it before she married her current... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 16, 2019

In general, if she gives the trustees a limited POA, the responsibility would probably be better spelled out via the trust documents as well as just the POA. And, of course, you and your brother would have to agree; that's more protection for her.

But she should really consult with an...
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2 Answers | Asked in Contracts and Criminal Law for Florida on
Q: Can you sue contractor based on a verbal only agreement. charged by hour not by job

Contractor would never produced an estimate for remodeling project. Verbal agreement on cost per job. In the end charged by the hour.

Linda Liang
Linda Liang answered on Aug 16, 2019

Agreement doesn't necessarily have to be in writing to be enforceable. If you have proof that you entered into a verbal agreement at the price per project, you can sue.

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2 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: Is there a way that I can sue my step mother for withholding my deceased fathers insurance. If I have proof he had

Is there a way that I can sue my step mother for withholding my deceased fathers insurance. If I have proof he had Insurance and told his mother, sisters, brother and kids what he had? Is there any way possible to sue her in any way?

Linda Liang
Linda Liang answered on Aug 16, 2019

If you have reasons to believe that your step mother is not beneficiary of the insurance and she claimed the insurance proceeds, yes, you can.

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1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Florida on
Q: My friend is having trouble with is old roommate he lives in Flordia, He has already moved out can he break the lease?

His roommate is threatening to sue him, but both of them are on lease and I was wondering if he can break his half of the lease cause both names are on it.

Charles M.  Baron
Charles M. Baron answered on Aug 15, 2019

There's no such thing as "his half of the lease" - unless the lease specifies that each tenant is responsible for only half the rent, which is extremely unlikely. Usually, all tenants named on the lease are jointly responsible for the rent. That means if one takes off and refuses to pay his/her... Read more »

3 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Can a moving company ask for more money, five months after they have already been paid?

I hired a moving company solely to pack and move my belongings into a truck. When the work was completed, the company’s rep agreed to not charge for packing materials and issued an invoice accordingly, which was promptly paid. Five months later, the company’s owner is demanding that I pay for... Read more »

Linda Liang
Linda Liang answered on Aug 15, 2019

If there is a writing agreement, your concern is reasonable. Invoice is not proof of moderation, unfortunately. I would suggest you to pay for the material and be done with it.

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3 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: insurance company voided my policy for misrepresentation on application. should i cash refund check, is that admission

is that admission of guilt, they stated that when i filed out my application online (which i actually did over the phone with an agent, i answered the question falsely, but agent did ask me for much information. i am being sued due to accident my son had and i received refund. should i cash or... Read more »

Linda Liang
Linda Liang answered on Aug 15, 2019

The victim is suing you or the insurance company? If it is the Victim who is suing, you need to know you have no coverage at least at this moment. As far as whether cashing the check means admission, it is arguable because they reject your application for the reasons they believe it is true. You... Read more »

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can an apt complex add more to late fees than what is already in the lease. My late fee is 120. They are asking 500.

I paid half at begining of month. Lease says 120 late fee. I informed office when i pd rent that i would pay remainder plus 120 on 16th that was fine. Now on 12th i get letter on door that i need to pay extra 500 by 14th and rent will not be accepted without it. Are they violating the lease? My... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 13, 2019

Just guessing: Sounds like they are trying to collect the $120 plus late fees you owe from earlier months?

2 Answers | Asked in Civil Litigation, Collections and Contracts for Florida on
Q: I have a roommate who has not paid rent since past at least 2 months. How can I evict her & collect back rent?

She was given an agreement next day to sign that gave all the details about rent amount, when, where and how to pay, etc. She never signed the agreement. I asked her to provide police report, she has not produced yet. I made search on internet to find that she has a criminal record of illegal... Read more »

Charles M.  Baron
Charles M. Baron answered on Aug 13, 2019

Your best bet is to hire an attorney to give the notice that's legally required before you can file an eviction case, then to file the case on your behalf. No case can be filed unless the notice, in totally proper form, is given to the tenant. If you can't afford full services of an attorney, you... Read more »

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