Lawyers, Answer Questions  & Get Points Log In
Florida Contracts Questions & Answers
1 Answer | Asked in Contracts for Florida on
Q: My lease went into eviction status here in Florida. However , I received help from a program ERAP which covered

The balance on the account. My lease is up in April and is covered until then. I just began new employment and my landlord told me my lease is not renewable. Is there a way to fight this?

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 18, 2022

Landlords are not required to renew leases. It is very possible your landlord is planning on selling the property while the real estate market is hot and prices are high.

1 Answer | Asked in Contracts and Banking for Florida on
Q: Can car companies add a “market value increase” charge on my car buyout that is not in my original lease contract?

I recently went to my dealership to purchase my car and pay the rest of the lease off. The object was to not have a car payment any more. My husband and I estimated my total buyout and everything to be around 15,000 since my residual value is 11,000 and I still owe 2000 in lease payments plus tax,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 18, 2022

Generally, if any important change is made to a contract without being part of the original contract, the change cannot be made.

However, without being able to read every page of your original contract plus read any other attachment addendums, or similar changes it is impossible to answer...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: I'm a landlord in Florida. I just passed Florida real estate exam. My real estate license status is current inactive.

I didnt sign up with any broker yet. My tenants want to renew for another year. Should I disclose in lease agreement I'm preparing myself for my own lease that I'm real estate sales associate even though my license status is inactive? Also how do I sign the lease owner, landlord and real... Read more »

Jane Kim
Jane Kim answered on Jan 15, 2022

It is nice that you passed the test, but you are not a sales associate yet and you are not allowed to claim a fee until you have an active license which is associated with a broker. Simply lease it as an owner/landlord and do not claim a fee for that.

2 Answers | Asked in Contracts, Employment Law and Business Law for Florida on
Q: As a 1099 personal trainer I set my prices. Can gym owner force me to honor a discount price package created by the gym?

Are we required by law to honor a pricing package made by the gym when we are 1099 contractors? If it is the gym "policy" to provide a Silver Sneakers member a training discount, then isn't it for their employees to honor, not contractors? The club takes 40% of each session no... Read more »

Linda Liang
Linda Liang answered on Jan 5, 2022

You need to have an attorney to review your agreement with the gym. The agreement should define the solutions in a scenario like this. The laws are about enforceing a valid agreement.

View More Answers

3 Answers | Asked in Contracts, Personal Injury and Constitutional Law for Florida on
Q: Can HOA's create rules in their bylaws that circumvent state laws they operate within.

I live in Florida and the state law identifies what common areas are, but the HOA bylaws say the board has broad discretion with respect to what common areas are and have used the bill only certain homeowners and as a result circumvent county zoning rules

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 3, 2022

The common areas are designated by the plat of the community and the Declaration of Covenants, Conditions and Restrictions. The board has discretion on how to spend HOA funds to maintain common areas. I am not sure what you mean by the last part of your statement "have used the bill only... Read more »

View More Answers

2 Answers | Asked in Construction Law and Contracts for Florida on
Q: Once I have terminated a construction contract by notifying the builders, can I hire another builder & finish the house?

My construction contract for a new home had a termination clause that required the Owner to provide three written notifications to terminate the contract. The contract was materially breached, and I have completed those notices. I have received no response from the opposing parties (developer and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 28, 2021

One would have to read the contract to be sure. But yes, you can probably find someone else to finish the job. It is doubtful that you would have to file suit (a motion would be part of a lawsuit); leave that up to party who you claim breached the contract to sue you, if they think such a suit... Read more »

View More Answers

1 Answer | Asked in Contracts for Florida on
Q: Can I be sued in court if there is an arbitration clause in the contract?

The party who is threatening to sue me for breach of contract has, in fact, materially breached the contract, and also entered into the contract fraudulently by representing themselves as the "builder" when I now know they did not, and do not have a license to enter into a contract to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 23, 2021

Use of "builder" in the contract doesn't necessarily imply that they are licensed. If there is an arbitration clause, that may indeed be grounds for a motion to dismiss.

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: I do not have a non compete. I was terminated. Can I be sued for telling my clients to come with me in a Google review?

I posted the truth of my firing and told my clients how to find me in a Google review under the business website. Is this actionable?

Charles M.  Baron
Charles M. Baron answered on Dec 19, 2021

Depends on whether your actions could be viewed as stealing your former employer's clients, which could give rise to a suit for tortious interference with contractual business relationships or advantageous business relationships. The absence of a non-compete clause may be irrelevant in that... Read more »

3 Answers | Asked in Contracts, Family Law, Banking and International Law for Florida on
Q: Bank account in Canada not honoring my contract.

It is joint with rights of survivorship, we specifically wanted to have access to it regardless if one of us died. Now the bank has frozen the accounts after I innocently mentioned to them of her passing since i thought i was in my right. They are saying that there is no rights of survivorship in... Read more »

David Luther Woodward
David Luther Woodward answered on Dec 18, 2021

Read the contract carefully.

The municipal law of Quebec is based on the Code Napoleon (like Louisiana) and cannot easily be compared to the common law of Florida.

I would suggest you hire a lawyer in Montreal (sometimes a notaire can handle this type of problem) and see if it...
Read more »

View More Answers

2 Answers | Asked in Contracts and Employment Law for Florida on
Q: What is the risk for me if company C finds out about company A?

I am the owner of company A (Luxury Chocolates) & B (BizDev) and I will work as a BizDev contractor for company C (Luxury Candies). Company C provides to me full access to their portfolio of customers and wants me to sign an NDA with no time limit. What is the risk for me if company C finds out... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 16, 2021

If either Luxury Chocolates or BizDev Co. does business with any of Luxury Candles' customers, you will presumed to have violated the NDA. If they take you to court, I suspect that it would be next to impossible for you to prove that you did not violate the agreement.

View More Answers

3 Answers | Asked in Business Formation, Contracts, Mergers & Acquisitions and Probate for Florida on
Q: SELL A HOUSE AND UR BROTHERS DONT WANT NOTHING SAID I CAN HAVE IT ALL CAN I SELL MY DADS HOUSE WITHOUT PROBATE COURT

DO U STILL HAVE TO GO THREW PROBATE IF U HAVE A LETTER FROM UR BROTHERS AND SISTERS SAY I CAN KEEP THE PLACE

Phillip William Gunthert
Phillip William Gunthert answered on Dec 15, 2021

I am sorry for your loss on the passing of your dad, please accept my condolences for you and your family at this sad and difficult time. The answer to your question is unknown, but probably not until you pro vide more details and specifics. You will need to start by getting a copy of the current... Read more »

View More Answers

2 Answers | Asked in Contracts, Estate Planning, Family Law and Banking for Florida on
Q: Hello, My mother who passed away 2 years ago and I opened a bank account in Montreal, Canada 8 years ago.

It is joint with rights of survivorship, we specifically wanted to have access to it regardless if one of us died. Now the bank has frozen the accounts after I innocently mentioned to them of her passing since i thought i was in my right. They are saying that there is no rights of survivorship in... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Dec 15, 2021

You will need to contact a Canadian lawyer but I would definitely not rely on information from a bank employee.

View More Answers

2 Answers | Asked in Contracts and Education Law for Florida on
Q: Can a college program change the passing percentage requirement from 75% to 78% while I am mid-program?

I am in a 2-year, 4 semester program at my state college. During admission and acceptance into the program, it was stated in the handbook that we needed a 75% "C" to pass each semester. During the beginning of my 3rd semester, the director of the program decided to change it to 78%... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 11, 2021

Without reading the Hughes case, I don't know if it is binding precedent in Florida; was it a federal or state case, and did it involve Mississippi statutes, or general legal principles?

View More Answers

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: I am looking for a lawyer to take my case against ABC Capital, please i need help finding one

ABC Capital, Ricardo Scattolini and Jay Walsh sold me a house in Baltimore for $ 80,000 claiming it was renovated but it wasn't. ABC Capital Miami was my property management but they don't want to pay me the monthly rent. Ricardo Scattolini does not answer my calls, does not answer emails... Read more »

Michael  Mayoral
Michael Mayoral answered on Dec 6, 2021

You may have a claim for a breach of contract. An essential factual element of a breach of contract claim is a material breach, that the defendant either failed to do something essential which a contract required it to do or that the defendant did something which a contract prohibited it from doing... Read more »

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Business Formation for Florida on
Q: If I paid for a plastic surgery procedure in full and have a receipt can that company charge me extra if they increase…

Their prices?.. I paid for a plastic surgery procedure and decided to do the procedure at a later date when the date arrive the plastic surgery place stated that the price of the procedure have increased but I have already paid it in full at an earlier time do they have the right to charge me an... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 4, 2021

A Florida attorney could advise best, but your question remains open for three weeks. A basic doctrine of contract law that holds true nationwide is that the terms of a valid contract agreed upon by both sides will apply. But that is a general textbook principle. A Florida attorney who reviewed the... Read more »

View More Answers

1 Answer | Asked in Contracts and Medical Malpractice for Florida on
Q: I paid a deposit on a cosmetic surgery that I regret tonight, am I obligated to pay $750 to get out of it as I e-signed?

I was emailed one document to e-sign. The document states that I must pay $750 to get out of the contract and not reschedule the surgery date. However, this document was signed not w my real signature. I was also asked for my driver's license via text. Now upon research, I know what... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2021

Your "e-signature" would probably be regarded as your signature. They asked for your license so they'd have proof it was you. One would have to read the entire contract to know what happens if you don't pay the $750, but I'd be surprised if they actually bother to sue you for it.

1 Answer | Asked in Bankruptcy, Contracts, Divorce and Family Law for Florida on
Q: We live in Florida but we're married in Las Vegas, Nevada.. should we sign a CMA in Florida and where would we file it?

What are the benefits to filing CMA?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 3, 2021

What's a CMA? None of these seem to fit:

https://en.wikipedia.org/wiki/CMA

2 Answers | Asked in Business Law and Contracts for Florida on
Q: if buyer defaults on contract and is awarded escrow deposit. How is that distributed with his realtor?

The sellers realtor not buyers

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 1, 2021

Start by reviewing the contract.

View More Answers

2 Answers | Asked in Contracts for Florida on
Q: If someone takes you to court for something they say they didn't get and at the hearing he gives the court a picture of

The parts he claimed he didn't have

Is that froud

Linda Liang
Linda Liang answered on Nov 25, 2021

You can certainly ask him the question. If he can't explain otherwise, this evidence could be used in your favor. Don't you have an attorney to represent you in court?

View More Answers

1 Answer | Asked in Contracts for Florida on
Q: I paid off my financed car loan early, am I due a refund for the remaining amount of financial charges of the full loan?

My contact states if I prepay, I must pay the earned/unpaid part of finance charges up to date of payment.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 24, 2021

No, of course not.

This is America, land of the greedy.

No company or person ever refunds any money that has not been paid to them first.

That includes auto loans.

Your contract earns interest by the day and then charges the interest accrued monthly.

So...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.