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Florida Contracts Questions & Answers
1 Answer | Asked in Contracts and Employment Law for Florida on
Q: The insurance company won't rehire me back as a 1099 contractor and wont release why.

I was hired by a TPA company called CRU as a 1099 adjuster. CRU contracts with a big insurance company called Citizens which is a state-run govt entity. CRU contracted me to run claims for Citizens as 1099 adjuster where CRU gets a part of the money paid to me from Citizens for each claim... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 26, 2022

Much of Citizens Insurance records are public record which must be produced pursuant to a public records request - see https://www.citizensfla.com/other-documents I don't know if records pertaining to hiring or contracting decisions are exempt from the public records law - that would take... Read more »

1 Answer | Asked in Contracts, Business Law, Civil Litigation, Small Claims and Libel & Slander for Florida on
Q: Can I be sued, and if so what can I do?

I had a small pet sitting gig where I offer pet sitting services. I was contacted by a gentleman to overnight pet sit for 10 days (06/17 - 06/26). We agreed, he paid me 80% up front. (No contract signed, no witness to the agreement) My partner and I stayed from 06/17 - 06/19, and I stayed by myself... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 23, 2022

It appears that he is threatening to tell people bad things about you, not physically attack you or anything like that. Arguably it's a threat to defame (slander) you. Could you sue him if he did? I probably wouldn't bother.

Why should you care if the police won't make a...
Read more »

1 Answer | Asked in Contracts for Florida on
Q: What constitutes a breach of contract in Florida?

Party A enters a contract with party B to earn a certification by an established date. Party A achieved all required elements for the certification but the agency responsible for processing the certification takes longer than the established completion date to process the certification. Is Party A... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 21, 2022

Although no experienced lawyer wants to waste their time answering what appears to be a test question on a high school or community college pop quiz in a class probably called "Pre-Introduction to Very Basic Contract Law" I will say this: Neither party to the contract breached it.

1 Answer | Asked in Contracts, Real Estate Law, Collections and Small Claims for Florida on
Q: I have a motion for attorney fees against me, they are threatening a lien on a property I do not own?

I filed a small claims suit against my boyfriend's HOA for wrongful tow of my car. Missed the hearing, so it was dismissed. Judge ruled for the motion for attorney fee's, $3,000. Letter was sent to the address where the incident took place (not a home I own, but my boyfriend does). They... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 20, 2022

HOA documents provide for prevailing party attorneys' fees and costs to be assessed against a party litigating a HOA matter. Owners are liable for the actions of their guests, tenants and anyone living in their property. A lawyer would need to read the HOA declaration and the complaint to... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: My fiance and I are splitting up and my name is on the deed to our townhome. I would like to move out. How do I proceed
Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 18, 2022

You can move out but you have an ownership interest in the home, may have equity and might be liable for a mortgage. If you signed the note you are liable for the debt. If you didn't sign the note you are not liable for the debt but would named in any foreclosure if your fiance doesn't... Read more »

1 Answer | Asked in Business Law, Consumer Law and Contracts for Florida on
Q: We have a air conditioning unit left on our property by a contractor, can we sell or give this away without repercussion

Contractor recommended this too big unit and could not get it to work correctly in our home. We received a refund of all monies paid however the contractor has not picked up the unit since returning our money 3 months ago. Can we legally sell this or give it away? Technically we do not own this... Read more »

James W. Martin
James W. Martin PRO label
answered on Jun 17, 2022

Florida Statutes Chapter 713 governs construction liens in Florida and allows contractors to obtain liens on real property and also allows materialmen to obtain liens on real property so it is possible that the contractor or its supplier could obtain a lien on the real property. Therefore, the... Read more »

1 Answer | Asked in Contracts for Florida on
Q: How do i write a option warning letter?

I’m in a talent management contract that was supposed to be for 13 months in exchange for 1 album, i gave them the album and it’s been 2 years with no work done. In the contract it says they have the option to ask me for 5 for albums after i give them the 1st one but they have to inform me... Read more »

Timothy Lawrence DeGeorge
Timothy Lawrence DeGeorge
answered on Jun 16, 2022

It depends on the specific language of the contract. There also may be other ways of terminating this contract if that is what you want to do, but again, it depends on the provisions found in the contract. It would be helpful to have an attorney review the contract to understand all your options... Read more »

1 Answer | Asked in Contracts, Products Liability, Civil Rights and Intellectual Property for Florida on
Q: What can I do I signed POA to boyfriends mother to get my car out of impound. How do I get my car back?

While my now ex boyfriend and I was in jail. A friend got my car impounded. I could have sold it but I didn’t want to. My daughter’s grandma was even offering to get it out. To give to my daughter but she wanted to put it in her name. I didn’t want to sell it so my boyfriends mom said she... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 15, 2022

Whether there is something you can do that would have very good odds in your favor depends on the powers you specifically gave her in the POA. Was the power strictly limited to removing the vehicle from impound in order to give it to you, or was it more general? Either way, a good first step... Read more »

1 Answer | Asked in Contracts, Criminal Law and Small Claims for Florida on
Q: I signed POA to my boyfriends mother. Only to get my car out of impound. She now says the car is my ex and it’s hidden

My ex-boyfriend and I was both in jail. A friend of ours got my car impounded. My daughters grandmother offered to pay to get it out of impound. if I would sign the title over to her to give to my daughter. which was a nice suggestion if I wanted to sell it I still wanted my car. My ex-boyfriend... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 14, 2022

It depends, of course, on the wording of the POA. If it gives her authority to convey title to someone else, you are probably out of luck. If, on the other hand, it merely gives her authority to pay the impound fees and take possession, you might be able to take it up with the DMV.

1 Answer | Asked in Contracts and Legal Malpractice for Florida on
Q: How could I go about suing a attorney for unethical reasons?

I was tricked into paying legal fees that were never owed and given directly to my ex-husband by his attorney. I have text messages proving this was done to me. Do i have any legal ground? What category does this fall under?

Charles M.  Baron
Charles M. Baron
answered on Jun 8, 2022

To get meaningful advice about your situation, you need to schedule a consultation with an attorney for discussion of the circumstances, review of your retainer contract (if any) and the case materials, and if this was a court case, review of the court docket. You might have a legal malpractice... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Tenant not getting deposit back.

Never got deposit back after around 60 days. They claimed to have sent it already. I asked about it and they said it was sent and to let them know if I don't get it and they will resend. I never got it and asked, then they claimed I owed them money. I stated FL statute 83 to them, they claimed... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 8, 2022

When a landlord fails to comply with the statute requiring either return of a security/damage deposit within 15 days or instead, a letter via certified mail within 30 days explaining why the landlord is retaining some or all of the deposit, the tenant may file suit against the landlord in small... Read more »

1 Answer | Asked in Contracts and Business Law for Florida on
Q: Can a daycare sue me if we gave them a two week notice even though we signed up for the entire summer?

My daughter has been with this daycare for 4 years and this is her last summer camp with them. We need to take her out for financial reasons and we gave them a two week notice but since we signed a paper and initialed for the entire summer they are saying we have to pay for the entire summer. Can... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 7, 2022

Whether the business would have a valid claim against you depends on the applicability and validity of the contract language at issue, as well as the validity of the entire contract. Therefore, it would be best for you to schedule a consultation with an attorney handling contract disputes. If the... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Terminate commercial lease

I have a commercial lease agreement for a fixed term in Florida for my startup business. There are some disputes with the landlord and incorrect information in the lease agreement. I would like to exit the property right away and seeing legal advice on the lease agreement.

Can I pay all my... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 6, 2022

The answer to your question depends on whether you have a valid, enforceable lease agreement, and if so, whether there are lease terms that dictate how the parties must attempt to resolve the types of disputes you are having, and on whether there is any issue of landlord's failure to meet... Read more »

1 Answer | Asked in Business Law, Contracts and Consumer Law for Florida on
Q: What can I do if a car lot gave me a different car after I signed a contract for another one

I went to elder Ford and signed a contract for a truck. When I was going to leave the truck they brought me was not the truck I signed the contract for and they told me I signed for the lemon they brought me and omg what can I do about them scamming me

Charles M.  Baron
Charles M. Baron
answered on May 31, 2022

It depends on whether you signed a new contract accepting the different vehicle. If you did not, the dealer breached your contract, in which case you of course would have a legal remedy. Consult an attorney in your area handling auto dealer or consumer protection issues. Also, your county... Read more »

1 Answer | Asked in Contracts for Florida on
Q: Can an inactive entity file suit on a contract entered into while inactive in florida?

If inactive entity pays state corporate fees after filing suit is the entity protected retroactively? Ie contract void due to non existent entity.

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 24, 2022

Yes, an inactive entity can re-establish itself and its actions are retroactive.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can a property manager non-renew a lease as retaliation on a nonresidential property?

I've asked my property manager at my business location to please enforce the lease. My neighbor runs a machine that vibrates the building around my office. I've been unable to use my office for 6+ months. The lease has a specific clause that machines that vibrate the building or cause... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 23, 2022

A landlord can refuse to renew a contract for any reason as long as it is not discriminatory (based on race, sex, color, etc.). FS 83.64 is residential leases. Chapter 83, Part 1 governs non-residential leases. I would think the landlord would have agreed with you the machinery needed to be on... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Is the year to year lease in Florida legal if it states 120 days needed to be given for early termination?

My year to year lease states: "You must give at least 120 days written notice of termination or intent to move-out". Looking at Florida State law 83.575, it says "may not require more than 60 days’ notice before vacating the premises". Is the lease I signed in violation of the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 17, 2022

Show this to your landlord.

"A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord within a specified period before vacating the premises at the end of the rental agreement, IF such provision requires the landlord to notify the...
Read more »

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2 Answers | Asked in Civil Litigation, Contracts, Real Estate Law and Estate Planning for Florida on
Q: Dispute POA

My father lives in Florida. I live in California.

He added my name and my brothers name to the deed of his condo (no mortgage) in 2017.

In 2021 my brother passed away. In March 2022 my brothers widow was given POA over my father and added herself to the Quitclaim deed without my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 11, 2022

And you want to know whether the power of attorney and the deed can be annulled, and you can examine the bank accounts? You need to retain a Florida attorney for the purpose of adjudicating your father incompetent as of the date of the POA.

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: We are selling a trailer and the park office has flagged our potential buyer for no credit asking 2 years rent upfront.

What is our recourse?

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 9, 2022

The park owner is not required to allow someone to move in because they are credit risk. You would need to find a new buyer if the buyer is not willing to prepay the rent.

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Acceptance now just let someone lease a product from them under my name without checking identification.

The transaction took place in Portland Oregon and I live in Florida. If they had followed the process of checking an ID they would not have leased the product.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 8, 2022

And you want to know what to do about it? Since you somehow found out about it, you should immediately inform them, in writing, that it was not you who leased the product. If they eventually file suit against you about the lease, they might do so in Oregon. In that case you will need an Oregon... Read more »

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