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Florida Contracts Questions & Answers
1 Answer | Asked in Banking, Consumer Law and Contracts for Florida on
Q: I need some clarification on Car Bank loans and what my options are here in Florida. How can I send you the information

I need some clarification on Car Bank loans and what my options are here in Florida. I tried to post my questions here but it said I have to many character but you would need to see this information to give any advice, how can I send the detailed messages for proper recommendations?

Phillip William Gunthert
Phillip William Gunthert answered on Aug 5, 2020

You will have to contact and hire and attorney for their hourly fee or for a fixed fee to review the contract and advise you on any questions and issues that you might have related to the contract/purchase/loan, etc.

1 Answer | Asked in Contracts for Florida on
Q: How can I go by buying a defunct logo ?

I am trying to restart a brand what are the steps to take if the brand

Linda Liang
Linda Liang answered on Jul 31, 2020

First, you need to make sure it is not registered trademark, and you need to do a research to see if anyone is still using then. If you answers are both negative, you should file trademark registration. As far as logo is concerned, a search needs to be done to be sure it is not part of the... Read more »

3 Answers | Asked in Contracts for Florida on
Q: Do I have to paint the ceiling, door and window frames, etc, if my contract states walls and or any touch up?

I own a restaurant in an HOA community and they own the building. In my contract it states in the repair and maintenance, “When considered necessary, the operator will assume the expense of any touch up or painting to the interior walls subject to approval by the HOA.”

I was asked to... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 28, 2020

While an attorney cannot give you a definitive answer based on an excerpt you include in a post without reading the entire agreement, it appears they are trying to correct an oversight on their part. You will need to make a decision because dispute this could be very expensive if it goes to... Read more »

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2 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Must plaintiff send a demand letter before filing a Small Claims suit for unfounded contract changes by defendant?

The unfounded changes were made by defendant while plaintiff was in the middle of the contracted job, and made so that defendant could further enrich himself at plaintiff's expense. Thus, plaintiff left the job and sent a bill in lieu of future services that were to be performed by the... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 24, 2020

It definitely helps your case to send a demand letter with an itemized bill. If you are in the contracting business you should have a lawyer on retainer. Breach of contract cases can be tricky and the judge may have to weigh if it is fair for the defendant to pay the full price of the contract... Read more »

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3 Answers | Asked in Contracts for Florida on
Q: Can a cosigner take your vehicle and sell it even though they are not making the payments the buyer is?

My son bought a Jeep and his girlfriend took it and is trying to sell it. She is just the cosigner.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 23, 2020

If the girlfriend is only the co-signor that means she signed the note (she is legally responsible to the finance company for the car payments).If she is not in the title itself it means that she does not have an ownership interest in the vehicle. If that is the case, she cannot sell the vehicle.... Read more »

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2 Answers | Asked in Business Formation, Business Law, Mergers & Acquisitions and Contracts for Florida on
Q: How can a minor buy shares in a private startup company?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 23, 2020

Until you are 18 your are not legally able to enter into any contracts. Period. The reason is because most kids under 18 are not capable of making sound financial decisions and can avoid responsibility if any company allows them to enter into contracts. The only other option is to get someone else... Read more »

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3 Answers | Asked in Contracts for Florida on
Q: Good afternoon I am a marble subcontractor recently I start a job of marble and six bathrooms I work on that job for 3

After three days of working on the job site and purchasing setting materials for the job site I was told to leave the job with no reason The job supervisor works directly for the homeowner That day we had an argument about the pool deck steps not being pitched right and he got mad at me for... Read more »

Linda Liang
Linda Liang answered on Jul 22, 2020

I guess your question is whether you have recourse for that. Legally speaking you have right to reasonable compensation for your work and expenses spent on material and related activities. You can talk to the home-owner because home-owner is the ultimate employer and can override the decision if he... Read more »

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1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: How do I obtain a Form 1.977 Fact Information Sheet to be issued to a defendant that has yet to pay on a default.
Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 21, 2020

You can download it from the Clerk of Court's website in most counties. Check https://browardclerk.org/. If you do not find it there, download the Florida Rules of Civil Procedure at https://www.floridabar.org/rules/ctproc/ and the form is towards the end of the document.

3 Answers | Asked in Contracts, Business Law and Civil Litigation for Florida on
Q: My attorneys are in possession of responsive documents to defendant RFPs and have not provided my production.

I am the plaintiff in a fraud case against a bank and other defendants. Defendants have justifiably submitted RFPs. Case began in 2017. My computers, phone and ipad were imaged to retain document integrity. My first law firm procrastinated providing any of my documents, emails, contracts and other... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jul 20, 2020

If your documents are on a hard drive it is likely there are alot of documents. Your attorney has to review and possibly redact information from your documents which would take considerable time. I do not know if your attorney has filed an objection to any of the documents requested since there... Read more »

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1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Can I sue a contractor for “unreasonable delays” on a home improvement?

My condo was flood in December 2019. Kitchen was destroyed. After 3 months finally got insurance money to fix home. Hired a contractor in March. Agreed on price and put down 50% to get job started. He said he will let me know start date. After almost three more months of waiting he says July 13... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 17, 2020

Sure, but not before the contractor has caused some actual damages. Spending too much time to complete a construction job is not actionable. Moreover, no that the work has started the contractor can put a mechanics lien against you house that must be paid someday, or you will not be able to sell it.

1 Answer | Asked in Contracts, Real Estate Law, Collections and Landlord - Tenant for Florida on
Q: What type of lawyer should I hire to fight a credit report of a debt that has been discharged but not paid in full?

6 years ago, I broke a lease. My roommate and I were both on the lease. The apartment company came after me with the full amount. I paid half. The full amount was still listed in my credit report. My roommate contacted them and they discharged the full amount. The debt no longer shows on my report... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 15, 2020

A Florida attorney could advise best, but your post remains open for two weeks. It looks like you already have good legal insight into your matter, and it looks like you essentially hit the relevant practice areas of law you need. An experienced collections defense attorney should know what to do... Read more »

2 Answers | Asked in Contracts for Florida on
Q: Can I sue my boyfriend for signing the lease then refusing to pay
Charles M.  Baron
Charles M. Baron answered on Jul 11, 2020

You need to be more specific. I suggest you re-post. A lease in which both you and he are tenants? - or with him as the only tenant, but allowing you to live with him? Or sub-letting to you? Or with you as landlord, him as tenant? And you mean refusing to pay, but continuing to live with... Read more »

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1 Answer | Asked in Business Formation, Contracts and Gaming for Florida on
Q: I need legal advice on hiring, starting an LLC, and creating legally binding contracts for a game development studio.

Hello. I am a game developer looking in to publishing my first big indie game. I have about 9 people working for me in the realm of composing music, creating art, and coding the actual game. Once we publish the game we are going to split the profit. We also want to stat a kickstarter.

Now,... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 9, 2020

Forming the legal entity itself is not expensive but there are many other matters to be taken care of, not only the agreements between the parties involved in the development process, but also copyrights and more. There are attorneys that specialize in this type of start up and can easily provide... Read more »

1 Answer | Asked in Contracts for Florida on
Q: What is the statute reference number I need to add to medical emergency procedures handled at my child’s school?

Here is a copy of the letter I wrote to my child’s school, but I don’t know the statute reference number to add to my signature to make it legal/binding and guaranteed to follow as directed. Will you please advise?

To Whom it May Concern,

Following is a subsequent list of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 7, 2020

Adding a citation to a statute won't make it more "binding" than it would be without such citation. But to make sure they follow it, you might ask the school if they have a form they require, and then use that form.

2 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: If I signed a contract to hold until at date and received a down payment to do so and it was broken on the persons

Behalf can I keep the money they gave me if they didn’t contact me until later

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 7, 2020

It depends upon the terms of the contract.

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2 Answers | Asked in Contracts and Animal / Dog Law for Florida on
Q: If I adopt a pet from a pet rescue, does said paid belong to me or am I just 'renting' it from the agency?

I recently got a cat from a pet rescue. When adopting the cat I had to fill out a lengthy adoption contract. A few parts concerned me and I was hoping someone could provide clarification.

"1: I understand that I am not PURCHASING a pet but ADOPTING and SAVING THE LIFE of a homeless... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 5, 2020

You're confused by the language "not purchasing", and I can understand your confusion. From your brief description, it appears the intent of the agreement is that the pet is not being sold to you, but rather is given to you as a GIFT. It calls the adoption fee a... Read more »

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Am I owed compensation for concessions promised in my apartment lease that are not being provided due to COVID-19?

My apartment lease agreement had incentives including a one-year Brightline train pass. Due to COVID-19, the train has not been running for 3+ months. The value of a train pass is roughly $450/month when paying on a regular monthly plan. Since this is a benefit that was in our lease as an incentive... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2020

Yes, depending upon the specific language in the written lease. Hire a lawyer to advise you.

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1 Answer | Asked in Contracts for Florida on
Q: Hi, Im in contract to buy a bank property its a townhouse and we are suppose to close next week. The HOA just notified

us there is a lawsuit against the builder for damage to the outside of all the units stucco was done wrong can I cancel and get my deposit back under the casualty and condemnation clause thank you

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

No, you stand to gain by the lawsuit, so what's the problem? In any event, it's neither a casualty or a condemnation. But to be sure, have an attorney review the details to be sure.

1 Answer | Asked in Contracts and Land Use & Zoning for Florida on
Q: Is it normal to pay to break a lease a a month and a half before your move in date?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2020

No. However, many people are having to do that these days--because of the pandemic.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: On my lease I was required to provide a 60 day notice to vacate . I sent a 30 day notice. Is there anything I can do?

My lease end date is for July 5th. I sent a notice on June 5th as we were not sure if the Covid cases will continue to increase/ decrease before our move out date. I have moved out of the apartments last week. Is it possible to fight the system as I don't think I can manage 2 rent payments at... Read more »

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

No lawyer can solve a problem that has not happened. So if you are still planning to move on July 5, you will need to wait to see what the landlord is going to do after you move out An option would be to stay put, and then see what happens. That will make you a 30 day tenant not encumbered by any... Read more »

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