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Florida Contracts Questions & Answers
1 Answer | Asked in Contracts and Construction Law for Florida on
Q: How do I get my pool finished with no contract permits pulled by company now they won't return calls. Started not finish

I was working for pool company Cool Pools for 3 years was friends with owner for 12 years started a pool and enclosure build with him. Pool got finished mostly but now he won't do the enclosure and has been ignoring my calls for months without a response. I lost my job with with them after... Read more »

Linda Liang
Linda Liang answered on May 3, 2021

You can hire another company to finish the work and sue them in small claim court

2 Answers | Asked in Contracts, Estate Planning and Real Estate Law for Florida on
Q: about to close on a lot sellers from IL (jon doe sally sellers trust) they do not have copy of trust and cant close

title is asking to either see copy of trust for trust affidavit. sellers are from IL and lawyer that drew up trust in 2013 is retired and office doesnt have a copy. sellers names are written as john doe and sally sellers trust. the lot they are selling is in Florida. the seller told me he is the... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 1, 2021

Unfortunately there is nothing that you, the buyers, can do. This is a usual and customary requirement and it is the seller’s obligation to fulfill it in order to deliver marketable and insurance title to you. If they can’t, they will probably need to go to court (which would not involve you)... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Personal Injury, Business Law and Federal Crimes for Florida on
Q: Is my CPA at fault for our identity theft? She was hacked some months ago and should have cyber security in place.

The IRS would not accept our 2020 tax filing because one was already filed. Our 3rd Stimulus check was also stolen because our CPA was hacked. She later informed me of this and said some of her other client's data was also stolen and used. She should have adequate cyber security in place... Read more »

Linda Liang
Linda Liang answered on Apr 20, 2021

You said "She should have adequate cyber security in place". Do you have reasons to believe she does not and the fact that she does not caused the hack?

These are key findings to determine whether you have a cause of action based on negligence.

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1 Answer | Asked in Construction Law and Contracts for Florida on
Q: just signed a pool contract & gave 5k deposit nothing has gone to permit yet company revoked by bbb can i request refund

last night april 15 , 2021 i saw the news is investigating this pool company olympus pools for many complaints and unfinished projects. since we are not all the way in financially a down payment given on credit card for 5,000/ can i back out with the reason extremely leery, worried that they will... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 17, 2021

Request a performance bond.

1 Answer | Asked in Contracts for Florida on
Q: I am a college student writing a paper on tort and contract laws.

Hypothetically, a comm. tenant builds kennels and cages in a former storage area of the pet store w/o prior the landlord's knowledge and then complains that the a/c isn't cooling down the area properly (the once storage area). However, the landlord did discover the change midstream and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2021

This bizarre request for "legal" assistance by a college student--by another name could be called "cheating"--something that real lawyers would never do--at least not publicly. Go to the library and dig out what you think is an answer.

1 Answer | Asked in Contracts, Business Law and Gov & Administrative Law for Florida on
Q: Is it better to privately lease a vehicle in FL or sell the vehicle with an associated lean against it?

I am the secretary for a 501c3 focused on supporting military and ex-military veterans. We have a unique situation where the group acquired a motorcycle trike, which the group would like to "loan" to a biker who lost his leg in a motorcycle accident. We want to know if we should... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 7, 2021

Liability attaches to whoever owns the trike as well as whoever is driving it when an accident occurs. So if the club owns the trike (name on the title) they cannot avoid liability by leasing it or selling it subject to a purchase money loan. Hire an experienced lawyer to help keep the club on this... Read more »

1 Answer | Asked in Business Law and Contracts for Florida on
Q: Need an attorney to file a case with over 500,000 in damages (business ) Against company in Fort Lauderdale
Charles M.  Baron
Charles M. Baron answered on Apr 2, 2021

It would be helpful for you to state the subject matter of your intended claim - for example, contract dispute, non-performance of a contracted job, consumer fraud, employment discrimination, employment termination/discipline, etc.

1 Answer | Asked in Business Law and Contracts for Florida on
Q: Hello, hope all is well. I have a question pertaining to a Florida LLC equity contract. Is this contract valid?

I have the Operating Agreement and Equity Contract.

Keith Kanouse
Keith Kanouse answered on Mar 29, 2021

I would have to review the Operating Agreement and Equity Contract. Why is there 2 agreements. Normally, the Operating Agreement governs the rights and obligations of the Members of the LLC.

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: What can I do if my wife is refusing to sign refinance papers on our mortgage? The house is in my name but she is on it

because we are married. If that's the case, what can I do because her not signing is forcing me to have to pay the high mortgage, which isn't fair to me because she pays nothing

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 29, 2021

So long as you are married, if your wife's name is on the mortgage and the deed you will be unable to refi the existing mortgage loan without her signature and approval. Your wife cannot do that either--without your signature/approval.

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2 Answers | Asked in Contracts, Business Formation and Business Law for Florida on
Q: Can a partner be forced to "move on" if no partner agreement was signed?

I work at a restaurant in Florida where the GM -- we'll call him John -- is also a part owner of the establishment. Another owner -- we'll call him Chuck -- is also the owner of the building -- from whom the space is rented. And finally, another owner is the chef -- We'll call him... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 26, 2021

This fishy "Contracts, Business Formation and Business Law " story sounds like it was taken right out of a business law course at Santa Fe Community College; otherwise why would you--a mere observer--be interested in knowing how "John" and "Chuck" should show "Rob" the door?

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Florida on
Q: Can a Mgr. of a apartment run another background check without your knowledge or consent? One was ran 9/20 before lease?

She has repeatedly violated our rights, even after months and she/or the (lawyer)

As I'm told ran another. She tried to terminate lease immediately because claiming i falsified documents and had 6 evictions 2016-2009 / after formal complaints with FHA and Hud this was #4 of FALSE... Read more »

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

Unless you can prove that you have suffered dollar damages exceeding $100,000 you will be unable to find any experienced Florida lawyers to take your case against a former employee of the HOA where you live.

1 Answer | Asked in Contracts, Civil Litigation and Collections for Florida on
Q: Repossession of motorcycle that I do not have

I had a motorcycle up for repossession 2 years ago . It was parked on the side of my townhouse (no garages). It eventually was gone. Now almost a year and a half later I’m getting calls from collectors and repo saying they’re looking for the bike? I am very confused. I do not have it, and have... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 14, 2021

Seriously? Your bike was stolen. If it had been repossessed, you'd know it. Now, instead of the creditor getting the bike back, selling it, and applying the sale amount to your loan, the lender (creditor) will probably sue you for the entire amount of the loan.

1 Answer | Asked in Contracts and Collections for Florida on
Q: Hello. I signed a contract with a Gym and I'm under 18. I want to cancel the membership and the contract with no penalty
Charles M.  Baron
Charles M. Baron answered on Mar 10, 2021

You didn't ask a question. I assume, however, you would like to know if you can "cancel" the gym membership without potentially being sued for the balance due on the contract. Minors have no legal capacity to enter into contracts (unless they have been legally emancipated). If you... Read more »

1 Answer | Asked in Contracts for Florida on
Q: Can a person keep any money that I paid ahead on a month-to-month parking space rental?

I store my 5th wheel RV on an individual's land. I have a month-to-month rental (with payments due on the 21st of each month). From the beginning, I have always paid for 4 months at a time. I have found a space that works better for me, and want to move now. I have paid ahead four months,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 9, 2021

To be enforceable, all contracts that in any way involve land must be in writing. So if yours is in writing, look and see if this issue is covered. If your "month-to-month" agreement is not in writing the landlord does not have to refund anything.

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for Florida on
Q: what recourse does a FL GC have against a business owner who will not pay final payment of signed contract? CO issued
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 3, 2021

You may have to sue them for the final payment. Or try hiring a very experienced Florida lawyer to send them a strong warning letter first. Usually works if the lawyer is good.

1 Answer | Asked in Appeals / Appellate Law, Consumer Law and Contracts for Florida on
Q: Can a denied motion have a second hearing without a motion for re-hearing after appeal?

Hi, I won an appeal on a default judgement case for my motion to set aside the default judgement, which was denied in the lower court. The appellate court remanded the case to the lower court for an evidentiary hearing. Recently the plaintiff has scheduled a hearing on my original motion to set... Read more »

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

If it was remanded for an evidentiary hearing, it appears that the plaintiff properly scheduled a hearing. Be prepared at the hearing to offer evidence, as the appellate court ruled.

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Land Use & Zoning for Florida on
Q: If a company donated land to build a library with a reverter clause in 1979, would it be void in 2021 based on this law?

A new library was built in a new location to replace the old one. Just curious to see what could happen to the old library since it has a reverter clause.

Charles M.  Baron
Charles M. Baron answered on Feb 25, 2021

You ask if it would be void "based on this law", without saying which law you are referring to. Did you leave something out, or did you mean to ask if there is any law that would void it out? I suggest you re-phrase.

1 Answer | Asked in Contracts, Real Estate Law, Intellectual Property and White Collar Crime for Florida on
Q: Can someone please help me? I am being framed.

Both my brand new Inspiron and my really old hand-me-down HP have been exchanged at the CPU part, the base. I know there is an FBI investigation, now they can't find anything so they're setting me up to fail because I found accidentally SEC stuff relative to assets (A Huge Number of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 15, 2021

IMO, you should have learned better before this happened. So learn it now: Seeking attention in the manner you have recently done sets off many alarms in many places you have never heard of.

The next thing you need to learn is that competent successful Florida lawyers will probably not...
Read more »

1 Answer | Asked in Contracts for Florida on
Q: My boyfriend at the time agreed orally and through text message that he would provide me with financial support

In exchange for me quitting my job and moving across country. He partially performed. Can I sue him under promissory estoppel/ breach of k?

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 13, 2021

Probably not. You might have a claim for spousal support if you were married to him, but since you (I assume) aren't his spouse,, you probably would not get a judge to rule in your favor.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Can I do a stipulation with a 30 day notice?

I have a 30 day notice and I have more than half the amount needed to settle but my complex will not agree to a payment plan.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 10, 2021

It's not clear what you are asking about, but no: both parties have to agree to all the terms in any stipulation.

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