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Florida Business Law Questions & Answers
2 Answers | Asked in Animal / Dog Law, Landlord - Tenant and Business Law for Florida on
Q: Am I liable if HOA enters my condo and a dog bites them?

I own a condo in Florida, and the HOA requires a key on file for emergency access. I have two dogs, and I'm concerned about liability if the HOA enters while I'm away and is attacked or bitten by one of the dogs. The bylaws require the key, but do not specify liability for pet-related... View More

Erik A. Perez
Erik A. Perez
answered on Mar 6, 2025

Under Florida law, you may be liable if your dog bites a member of the HOA who enters your condo, provided that the person is lawfully on your property. According to § 767.04. Dog owner’s liability for damages to persons bitten., the owner of a dog is liable for damages if the dog bites any... View More

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1 Answer | Asked in Contracts, Business Law and Civil Litigation for Florida on
Q: Options to sue for breach of contract in Florida for undelivered online business results

I entered into a contract with an individual in Florida through a LLC for an online business, with the promise to deliver results—including making my investment back—in 2022 and 2023. Despite paying in excess of $10,000, these results were never met. I have consistently communicated with them... View More

Erik A. Perez
Erik A. Perez
answered on Mar 5, 2025

If the company is a Florida LLC and there is no dispute resolution clause or forum selection clause, then you may sue in Florida County Court (over $8k but under $50k in damages). I have represented clients in similar situations and the Defendant is often a "fly by night" coaching course... View More

1 Answer | Asked in Business Law, Estate Planning and Probate for Florida on
Q: Are beneficiaries entitled to joint account statements with a pour-over will?

If I had a joint bank account with my mom, who has passed away and left a pour-over will, is a beneficiary entitled to see the bank statements? The estate is not going through probate per my mom's request. There is an executor handling the estate, but the pour-over will does not have any... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 1, 2025

A point of note, a joint owner of an account usually becomes the sole owner of the account upon the other person's passing, there is no probate of that asset and the joint owner becomes the owner of the entire account and all of its monies. A beneficiary of the Will would have no rights or... View More

3 Answers | Asked in Business Law, Contracts and Real Estate Law for Florida on
Q: How to remove my name from both deed and mortgage in Florida?

I co-signed the mortgage for my friend's condo, and my name is on both the deed and the mortgage. My friend pays the mortgage and lives in the condo. He wants to remove my name from the deed, but I want to ensure I have no responsibility for the loan or property once my name is removed from... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 22, 2025

While the parties on the title to a property in Florida have control over whether to take or remove one of their names from the deed, those parties have no control over whether the mortgage company will release one of the borrowers on the lending agreement. The financing agreement can be modified... View More

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3 Answers | Asked in Business Law, Contracts and Real Estate Law for Florida on
Q: How to remove my name from both deed and mortgage in Florida?

I co-signed the mortgage for my friend's condo, and my name is on both the deed and the mortgage. My friend pays the mortgage and lives in the condo. He wants to remove my name from the deed, but I want to ensure I have no responsibility for the loan or property once my name is removed from... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 22, 2025

You can easily enough be removed from any deed, I would not encourage that until and unless your friend refinances and gets you off of the loan and you are paid anything you are owed, if anything. Removing yourself from the deed and not getting you removed from loan will leave you responsible with... View More

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3 Answers | Asked in Business Law, Contracts and Real Estate Law for Florida on
Q: How to remove my name from both deed and mortgage in Florida?

I co-signed the mortgage for my friend's condo, and my name is on both the deed and the mortgage. My friend pays the mortgage and lives in the condo. He wants to remove my name from the deed, but I want to ensure I have no responsibility for the loan or property once my name is removed from... View More

Jacqueline Alicia Salcines
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answered on Feb 22, 2025

Removing your name from the title or Deed is easy, via a quit claim deed that an attorney can prepare for you. However, in order to remove you from the mortgage, the lender will need to approve this, and 99.9% of the time, they dont. If you are not the borrower and have no skin in the game, the... View More

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3 Answers | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Ex refuses to sell house; can I be bought out for a dollar?

My ex and I co-own a house with a mortgage. I want to sell, but he wants to make repairs first. We received an insurance check for damages, which is held by the mortgage company. I haven’t contributed to mortgage payments since moving out nearly two years ago. He can't afford to refinance... View More

James Clifton
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James Clifton
answered on Feb 20, 2025

If he will accept your portion of the property, you can deed it to him. However, that does not end your financial obligation under the mortgage. If he does not pay it, your credit will be affected. If you want to force the sale of the property, you can through a partition lawsuit. In a partition... View More

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3 Answers | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Ex refuses to sell house; can I be bought out for a dollar?

My ex and I co-own a house with a mortgage. I want to sell, but he wants to make repairs first. We received an insurance check for damages, which is held by the mortgage company. I haven’t contributed to mortgage payments since moving out nearly two years ago. He can't afford to refinance... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 20, 2025

If I understand you correctly, you wish to waive whatever rights you have regarding the property, both possessory and financial, as well as whatever rights you have to insurance proceeds, even though you may be giving up a very substantial amount of money. Yes, you can waive your rights and sell... View More

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2 Answers | Asked in Contracts, Intellectual Property and Business Law for Florida on
Q: Can I use Disney in my book title as a retired executive?

I am a retired Disney executive interested in writing a book about my experience in corporate alliances. I intend to include specific anecdotes related to Disney's corporate alliances but do not plan to use any Disney logos, trademarks, or copyrighted material. I haven't consulted any... View More

Erik A. Perez
Erik A. Perez
answered on Feb 17, 2025

It truly depends on what you specifically intend on writing about. However, the major things to be weary of is anything that could potentially be considered defamatory and anything that would be a trade secret that could interfere with their business. I would be very cautious.

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Florida on
Q: Yes I own and operate a junk removal business in Florida. Woman calls me to come estimate. a Junk Removal Job Heres the

Yes I own and operate a junk removal business in Florida. Woman calls me to come estimate. a Junk Removal Job Heres the rub Its ALL her mothers (Husband's) stuff. He has NO IDEA the women are moving against him to clear this out. I offered to assist in clearing out space to decide whats junk... View More

Erik A. Perez
Erik A. Perez
answered on Jan 14, 2025

I would recommend you have a waiver prepared and signed by the clients. The waiver should specifically waive all liability for you and the company for the specific issues that may arise. This will not give you 100% protection against a lawsuit, but will certainly put you in a better position to... View More

4 Answers | Asked in Family Law, Tax Law, Business Law and Child Support for Florida on
Q: If the father of a child has his own small business (LLC), does his monthly business expenses count toward his income?

Or does a certain percentage count? He pays himself very little and writes off everything thought the company such as car, insurance, phone, etc including our dinners when we used to go out. Is there a Florida law regarding this?

Erik A. Perez
Erik A. Perez
answered on Jan 3, 2025

This is a good question to also ask your accountant. The answer may depend also on whether the LLC is taxed as an S-corporation. Generally, if the LLC is an S-corporation (many are), the owners will be taxed according to the salary that is paid and any distributions. The expenses of the company may... View More

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4 Answers | Asked in Family Law, Tax Law, Business Law and Child Support for Florida on
Q: If the father of a child has his own small business (LLC), does his monthly business expenses count toward his income?

Or does a certain percentage count? He pays himself very little and writes off everything thought the company such as car, insurance, phone, etc including our dinners when we used to go out. Is there a Florida law regarding this?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 3, 2025

Your question is a little complicated but the short answer is yes, anything that reduces his normal living expenses counts as income, regardless of whether he writes it off as a business expense. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Contracts and Business Law for Florida on
Q: when our dog died my wife wanted to create a charity in his memory.We filed an llc but after 5 years have done nothing.

the only thing we do is pay fees every year to maintain the company. what happens if we stop paying these fees? There is no income nonprofits no nothing.

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 30, 2024

If you do not timely pay your annual fees and renewal the State of Florida will Administratively Dissolve your LLC.

Florida Statute 605.0714 addresses Administrative dissolution. You can also go to Sunbiz.org and you can file your Articles of Dissolution and pay a $25 fee and you can...
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1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Construction Law for Florida on
Q: Hired a company to do work on our home.. Satisfied with work but can't get company to send us a bill so we can settle.

We have repeatedly asked to send us a bill/invoice for work done but have not received one. Now we can't seem to get a hold of anyone. Any recourse or advice?

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 26, 2024

Send a certified letter to the company asking for a bill. Retain the amount of money you believe is owed in a savings account or other account that you are not tempted to use for a minimum of 5 years from the completion of the project. (If you think you might owe $5k, retain $6k, etc., to be on... View More

1 Answer | Asked in Consumer Law, Business Law, Collections and Small Claims for Florida on
Q: I paid for scooter parts online, but never received parts. what should be next step? less than $200 more than $100

gave plenty of time for delivery. sent email giving them a deadline (even gave more time on that) after waiting almost two months.

Erik A. Perez
Erik A. Perez
answered on Oct 9, 2024

You can send them a demand letter notifying them they have a certain time frame to deliver the goods or you will be filing suit on that date. Realistically, it is not worth filing a lawsuit for an amount under $200, so the demand letter should be used as a tool to begin negotiations. Additionally,... View More

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: Hi,I'm Onur and I'm based in Turkey. I want to form an LLC in Florida, is there any ways that I can do that as a foreign

Is there any way that I can form an LLC as a Turkish citizen. I am not a US citizen, can I form an LLC there and if yes; how's the process goes and what are the prices, tax info et.?

Erik A. Perez
Erik A. Perez
answered on Sep 24, 2024

Yes, regardless of your citizenship, you can create a Florida corporation. There are only a few requirements to do so. They include, but are not limited to, registering the corporation with the Florida Department of State, registering with the IRS to obtain a tax identification, and submitting a... View More

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1 Answer | Asked in Consumer Law, Business Law, Landlord - Tenant and Small Claims for Florida on
Q: Can I get my application fee back if the application was not complete?

I applied for an apartment and was asked to pay an application fee of $290. Later the management team had a server change and I was asked to pay the application fee again. It was $60 this time. I paid another $60 because the front desk said they could refund the money back through bank or credit on... View More

Erik A. Perez
Erik A. Perez
answered on Sep 17, 2024

Yes, you appear to have a viable claim against the management company. There are several causes of action that seem applicable. I think you need to apply some pressure, as I'm not sure what their intention was, but the optics aren't great for them and this could be seen as stealing. I... View More

1 Answer | Asked in Business Law for Florida on
Q: If I have one final hearing in my case, but I am missing evidence from the other side, can I still compel discovery

The final hearing is an evidentiary hearing

Erik A. Perez
Erik A. Perez
answered on Sep 17, 2024

The answer depends on the substance of evidentiary hearing and the case management deadlines. If the the discovery deadline has passed, then you may not be able to compel the production of evidence. Nevertheless, most courts require disclosures of the exhibits prior to an evidentiary hearing, as no... View More

2 Answers | Asked in Copyright, Business Formation, Business Law and Trademark for Florida on
Q: Can I create a magazine with the name Pulse
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 11, 2024

Creating a magazine with the name "Pulse" may involve potential trademark issues, as the name is quite common and could already be in use by other entities in various industries. Trademark law is designed to protect brand names and logos that are used to identify goods and services. If... View More

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1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Florida on
Q: I was held at knifepoint at my last job. Is there anything I can do to be compensated for me having to leave my job?

I had to leave because the guy who held me at knifepoint was the favorite employee and kept his job. I did file a complaint to HR which they finally fired him after I left, however in between that time I was continually scheduled with my attacker and forced to work with him. For about a week I was... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2024

Though you resigned, it might be considered to be a "constructive discharge" due to you having no choice but to leave. If you are eligible for reemployment assistance (unemployment comp) based on how long you worked there, see if you can apply for such assistance based on constructive... View More

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