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Florida Contracts Questions & Answers
1 Answer | Asked in Contracts for Florida on
Q: How to proceed with a Contract Breach

In Feb. 2019, through a Stock Purchase Agreement (SPA), I sold my internet golf business, an S corp in which I owned 100% of the stock for $160,000 to a buyer and owner of an internet LLC in which he owned 100% stock. Terms were $22,000 down and $1500 per month minimum until Dec. 31, 2020. A... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 1, 2020

In order to proceed you must first follow the instructions that you posted in your question; I have re-posted it below:

"Should either party default upon its obligation to the agreement, the other party shall provide written notice by certified delivery of said default within 30 days...
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: New Rental looks nothing like original listing, there are some Extreme damages, what can I do?

We found the property during COVID-19 so we weren’t able to see it because of the quarantine the owner lives in New York and agent is nasty, home Has extreme damages gaping holes,running toilets, There is horrid smell that engulfs the entire area Come to find out it’s the laundry machine the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 1, 2020

Don't move in; ask for your deposit back. The owner is in breach of contract.

1 Answer | Asked in Civil Litigation, Contracts and Insurance Bad Faith for Florida on
Q: request the validity of a service agreement be deemed invalid due to lack of contract termsFull name of adjuster missing
Charles M.  Baron
Charles M. Baron answered on May 30, 2020

You seem to be sending this "inquiry" over and over again with different wording, yet you do not state what your goal is. Are you a party to the agreement, and if so, is other party breaching it? Are you seeking to get out of the agreement? Are you seeking your money back? Are you... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Insurance Bad Faith for Florida on
Q: Required terms on public adjusters contracts in Florida title 37 Insurance chapter 626 omitted full name of adjuster
Charles M.  Baron
Charles M. Baron answered on May 30, 2020

You did not ask a question. You need help to accomplish what?

1 Answer | Asked in Contracts, Divorce, Family Law and Domestic Violence for Florida on
Q: What should i do if my parents are gonna refuse to sign the emancipation contract?No consequences are faced if i runaway

Im 17 and for the past 5 months ive been receiving verbal and emotional abuse from my mom because im gay thats been messing up my mental and emotional state to the point that sometimes i just wish i wasnt alive and it keeps happening. A few weeks ago my mom jumped on me and choked me so i did call... Read more »

Charles M.  Baron
Charles M. Baron answered on May 30, 2020

Regarding the "contract" you made with your mother, it's not a valid, enforceable contract (even had you signed a proper signature). Minors do not have the legal capacity to enter into contracts, and even if you were an adult, the contract would not be valid for other reasons.... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Insurance Bad Faith for Florida on
Q: public adjuster Terms of engagement violation affect on validity of service agreement? Florida statute 626.8796

adjuster solicitation via email no license no and name not same as licensed name

Terrence H Thorgaard
Terrence H Thorgaard answered on May 30, 2020

You might get an answer if you use sentences and ask a question.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Gaming for Florida on
Q: Can I sue a scam app???

If an app advertises winning real money, and they really don’t pay out to anybody, would that be a good reason to sue for false advertising. Especially if someone spent money on in game purchases and got nothing out of it?

Jonathan E. May
Jonathan E. May answered on May 28, 2020

It appears very likely that they were committing fraud and you were damaged by that fraud. I encourage you to sue them and report them to police authorities.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Work incorrect, unfinished

I gave contractor money for work that was completed incorrectly and will need to be redone, and money upfront for future work. Since he had never been back to my with several reasons and has only talked to me when I initiated contact. Because of this I told him to refund me and cease work. I told... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 20, 2020

There is no special way to settle any case. The non-disparagement clause is pretty much standard in all settlement agreements; and you are being foolish to risk not receiving your refund by insisting on your "right" to bad-mouth the other side on social media. Perhaps the other party will... Read more »

2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Contracts for Florida on
Q: Can condo association bar missionary family members from staying in family’s home during the covid-19 pandemic?

Is it legal for condo associations in Broward County, Florida, during the COVID-19 pandemic phase 1 of reopening, to restrict a property owner from allowing their missionary family members to go to stay at their residence, for a short term of a couple weeks, as they are stuck without a home until... Read more »

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

Florida Statute 718.1265 provides in pertinent part:

"Association emergency powers.—

(1) To the extent allowed by law and unless specifically prohibited by the declaration of condominium, the articles, or the bylaws of an association, and consistent with the provisions of...
Read more »

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1 Answer | Asked in Business Law and Contracts for Florida on
Q: I never signed a contract with this company that is charging me monthly for tires and small fees, can I get my $$back?

I needed new tires and this company offers tires, that you can pay off in monthly payments ( if payed in 6 months there is no interest ) , but when I asked to see all the payments given ( about 3 months ) , only half of my money so far is paying for the actual tires and the other half are small... Read more »

Keith Kanouse
Keith Kanouse answered on May 19, 2020

Did you sign a purchase order for the tires, an invoice and any written document? Did you accept Terms and conditions over the Internet? If no, then they should not be charging you other fees.

1 Answer | Asked in Contracts for Florida on
Q: How do I cancel or get my name off of a surety bond that I have signed for someone to get out of jail

Yes I would like to have my name and responsabilitys and assetts off of and or cancel a bond because I don't believe they will show up for court cause they back on the street doing what she got arrested for thanks Rusty

Terrence H Thorgaard
Terrence H Thorgaard answered on May 16, 2020

Contact the bail bondsman and ask them to have the criminal suspect picked up.

2 Answers | Asked in Contracts for Florida on
Q: How do I cancel a bond i signed for someone to get out of jail on

I signed a bond for a friend to get out of jail and the 1st night s she was out she was doing the same thing when she got arrested for and was not picking up her court papers and her bond papers so I do not want the responsibility of her showing up for court I don't think she will so I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 16, 2020

You are out of luck-and options. Once a bond is deposited the money is gone. It does not matter who paid the bond premium either.

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1 Answer | Asked in Contracts for Florida on
Q: Who is the offeree in a standard auction if the seller is not the auctioneer?

I realize the offeror is the bidder. So I am wondering who the parties involved in the contract after acceptance are.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 11, 2020

Every auction I have attended has a person or business trying to sell sell something--called the seller--and a different person or group of person interested in buying stuff--called the bidders--and the person "wining"--called the buyer.

There is no rule that says a seller...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: My Inlaws pd cash for land in '99 for me to place my MH on w/LEASE. Sis got POA & QCD to my son

My father-in-law recently passed. She did QCD w/son bk in 2014 & he filed a QCD/LIFE ESTATE to a friend in 2017. I'm still in same MH on land & have pd. Taxes(gave him cash) over the yr.s. Can his FRIEND sell & MAKE ME MOVE? Husband ESTRANGED but ORIG. LEASE was between... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on May 11, 2020

Your question is someone difficult due to all the abbreviations. Whoever is the current title holder can decide who he wants to lease to and if that person wants you off then that is a possibility. You need to go to a real estate attorney in your area and have your lease and the documents that... Read more »

2 Answers | Asked in Contracts, Landlord - Tenant and Small Claims for Florida on
Q: My roommate is listed as "Primary" and I'm listed as "Co-applicant" on our lease agreement e-signatures. She may

cause us to get evicted because of her exotic animals which are against the least agreement. Will the eviction negatively impact my credit score or anything else of mine? Also, if I chose to move out right now, instead of when our lease ends, will i have any liability. I can prove the that the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 10, 2020

If your roommate gets you guys evicted neither of you should be liable for whatever unpaid rent. If your roommate leaves both of you are liable for the remaining rent; and you must pay all of it yourself. If you leave the same is true for her.

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1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Currently Florida government has not mandated Timeshares to be closed,does board have rights to deny owners unit access?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 8, 2020

The answer to your question is 100% dependent on your opening statement about something the State of Florida has or has not done. Moreover, this subject-matter involves decisions made by the BODs of timeshare organizations, decisions which are subject to instantaneous changes based on who attended... Read more »

1 Answer | Asked in Contracts for Florida on
Q: What lawyer would I need to get out of a contract for virtual office space?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2020

Any lawyer who has experience in business contracts and Internet Law

1 Answer | Asked in Contracts for Florida on
Q: If I agree to buy an item that hasn't been made yet from someone, is that a bilateral or unilateral contract?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2020

Neither. It is called an executory contract--which means one (or both) side(s) has yet to perform the complete task bargained for but has promised to do so. For example, you might promise to mow someone's yard in return for a $25 check, which the other guy gives you in advance. If you fail to... Read more »

1 Answer | Asked in Contracts and Business Law for Florida on
Q: Is FLSA apply in this situation?

I worked with a person part time for over a year without getting paid a dime. About six month into the unstated partnership, I was added as a 10% partner in a Delaware corporation. Due many conflicts, I stopped working with her in February 2020.

Are there clause of FLSA that apply in this... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 5, 2020

No, the Fair Labor Standards Act doesn't apply to partnership members or corporation owners such as you.

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for Florida on
Q: Does my mother's cousin have any legal rights to my car or money from me?

My mother gave me a car in feb she passed away in April, her cousin says she got a loan from him of $5000 with car as collateral with signed statement in dec. The car is registered and insured in my name with a clean title.

Terrence H Thorgaard
Terrence H Thorgaard answered on May 2, 2020

No, you didn't have any notice of a claim anyone such as your mother's cousin had on the car. So the cousin has no right against you. If the cousin had either notified you, perfected her lien by recording the signed statement, or insisted that the cousin be named on the title as... Read more »

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