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Florida Business Law Questions & Answers
1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Lemon Law for Florida on
Q: Need to know if this is legal in Florida on used car sales?

I am about to fly to Florida from Texas to purchase a vehicle. I noticed on the contract that the dealer was charging 995 for a pre delivery fee and 495 for security edging.

I'm not familiar with a pre delivery fee on an used car only know it to come on a new car and usually covered... View More

Charles M.  Baron
Charles M. Baron
answered on May 16, 2023

This is a matter of contract negotiations between the parties; there is likely no issue of "does the law allow it?" Dealers insert into their proposed purchase contracts some bullcrap fees and charges with various labels, with the actual purpose of increasing their profit margin. These... View More

1 Answer | Asked in Business Law for Florida on
Q: Are contractors for services required to tell subcontractors that they have entered into subcontractor work?

I was contacted by a person who asked for cleaning services at an address. When I arrived, I discovered the person was not the homeowner. The homeowner didn’t know who I was because they contacted another company for the work. The original point of contact did not inform me that they were... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 29, 2023

You knew that the person with whom you contracted was not the owner. Thus, obviously, you were a subcontractor (or in theory you could have had a contract with a non-owner). Since you are going to be paid, I don't see a problem. In the future, get the arrangement in writing.

1 Answer | Asked in Employment Law and Business Law for Florida on
Q: Can a Fl employer required an employee to take temporary mandatory leave without pay while they investigate a case

The employee was arrested over the weekend for domestic violence situation outside work hours . This employee works in the medical field and sees patients . How should the employer proceed

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 11, 2023

Yes, the employee can be suspended either with or without pay and/or terminated on this basis. If the employee has an employment contract, you should discuss this situation and have the employee's contract reviewed with a Florida employment attorney to ensure any requirements for suspensions... View More

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: In need of an FL Business Lawyer. Knowledge in: Startup Online Bussiness: Outsourcing/Recruiting & Offshoring Consulting

I would like to consult with a business lawyer who has experience in the above matter. The business will be registered in FL.

This online business is an Online Platform that will be a database with Offshore workers' information from Europe and Asia.

On the other side... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

You are posting in the Q&A forum. If your goal is to hire an attorney to provide legal services, you may want to search the directory and reach out to a few attorneys directly. Good luck!

1 Answer | Asked in Business Law for Florida on
Q: My business is Off The Leash Academy, I’ve been in active since 2009, new company called Off leash k9 came around 2014

The name similarities are conflicting and causing my business problems. Can something legally be don’t to deal with? I get calls from people looking for them and I’m sure they get them from me. Does time of existence matter? Or am I up shits creek? Thank you

Edit: I’ve been active... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2023

You might want to consider sending Cease and Desist letter because it is first in use. But the question is- when did you learn about this since this other company has been around for a long time, too. Basically, what took you so long? They may have a legal defense of laches (too much time passed).

1 Answer | Asked in Employment Law and Business Law for Florida on
Q: What is the legality of claiming a title when leadership has had time to see it and correct it but hasn't?

My responsibilities changed considerably about 9 years ago, but my title remained the same. I asked leadership for a change in title, but they never responded. No yes or no. I started signing my emails with a more accurate title. It has been more than 7 years and nearly everyone, including... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 26, 2023

There are no legal issues here. Your job title is nothing a court of law is going to care about. If your employer wants to make an issue about it in the future, cross that bridge when you come to it.

1 Answer | Asked in Consumer Law, Contracts and Business Law for Florida on
Q: Can I sue?

i used to buy and sell auctioned storage units. i used to bid on the units on a site called storage treasures.com on September 22 2022 I won the auction and I went to go pick it up at the facility when I picked it up they informed me that if I do not clear the unit within 24 hours or the same day... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 24, 2023

Answer to first question: Probably yes, depending on the terms of agreement. To second question: If the amount claimed is 8,000 or less, you would file in small claims court to seek the amount claimed plus court costs.

1 Answer | Asked in Products Liability, Business Law and Car Accidents for Florida on
Q: what If a company try to get the excess policy as required but the insurers do not offer said coverage anymore

but those insurers do work with similar transportation, TNC, cabs companies

Charles M.  Baron
Charles M. Baron
answered on Feb 7, 2023

You inquiry is too vague. I suggest you re-post your inquiry with more specifics, such as exactly who is requiring what (but not naming names), indicating what type of business needs what type of coverage, for what activity, and the source of whatever requirement you're talking about (such as... View More

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Real Estate Law for Florida on
Q: Florida sells land by what treaty?

It is important to know what Treaty Florida uses to sell land.

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2023

Hi, there is more information needed to answer this question properly. The State of Florida can acquire properties in foreclosure for unpaid taxes and other surplus lands pursuant to the Murphy Act. Please provide additional information.

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1 Answer | Asked in Business Formation, Tax Law and Business Law for Florida on
Q: I have a LLC in Florida for a service I provide. Do I need licenses to provide that service outside of Florida?

I am a yacht teak deck installation specialist. I have an LLC in Florida for this service. This is a service only and does not involve the selling or reselling of anything. Usually I am sub contracted by other teak decking companies. I have some contract work along the West Coast lined up in... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 9, 2023

You would have to check those other jurisdictions.

1 Answer | Asked in Business Law and Real Estate Law for Florida on
Q: Board of Directors Staggered Terms

Our association Bylaws call for staggered terms of Board members. 3 members with most votes get 3 year term, 2 members with with next most votes get 2 years and finally the 2 least votes serve one year term. My question is this.

Can an elected board member that received the least votes and... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 5, 2023

That's impossible to answer without reading the Articles of Incorporation and the Bylaws. Generally, these provisions apply to initial terms and then directors serve three year terms following the next election so that the terms are always staggered. If you are not sure of the language in... View More

1 Answer | Asked in Contracts and Business Law for Florida on
Q: We purchased a jeep from a dealer , we paid the amount the dealer told us to pay , however the amount the salesman told

Us was different from what was on the contract, he wrote the amount on a sticky note . Now the dealer wants us to pay the remaining amount as the salesman gave us the wrong amount . Are we obligated to pay it .

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

You signed the contract; did you read it before signing?

2 Answers | Asked in Business Law, Civil Litigation and Contracts for Florida on
Q: I need a owner financing note that vehicles.

I need a owner financing document that protects me from buyers that will take the vehicle, never make a payment under contract, or total the vehicle and never make a payment again

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 20, 2022

If you are a private individual selling a car, you should NEVER sell a car unless you receive payment in full at the time of sale. If you are a dealer, you should have ample availability to lenders and/or you should have a professional business relationship with an attorney who can provide you with... View More

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1 Answer | Asked in Business Law for Florida on
Q: Im buying 36% of a company and id like to know what paper work i need to have

Also how to make sure i have voting shares and get 36% profit

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 8, 2022

"The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses understand that retaining a competent, experienced business lawyer and paying modest legal fees to advise... View More

1 Answer | Asked in Business Law and Contracts for Florida on
Q: I own a small business that I’d like to sell. I’m considering owner financing. Can an agreement include repossession?

I want to be sure I’m protected if the buyer defaults, or fails to maintain the business. The business is a franchised restaurant so there standards that need to be maintained. If the agreement includes a down payment, would I retain it as well?

Derek Allen Colvin
Derek Allen Colvin
answered on Sep 28, 2022

There is always some level of risk involved in every business transaction. Providing owner financing and the nature of the franchise relationship will need to be taken into account. You can't eliminate risk, but you can manage risk by contemplating these issues in an asset purchase... View More

1 Answer | Asked in Contracts and Business Law for Florida on
Q: in Florida can a leinholder come take your rv when its not up for repo. what can i do
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 15, 2022

Assuming that the lienholder has a valid financial grievance against you, like for not paying your obligations to them as you agreed, the answer is yes. Lienholders do not have to wait for someone else to initiate repossession proceedings to protect their liens.

1 Answer | Asked in Business Law and Contracts for Florida on
Q: Hello, I have small photography business in FL and a potential client asked for services to photograph a wedding in FL.

They were sent a contract to hold the date via docusign, contract states it is only valid with full signature AND receipt of deposit. Deposit is only accepted via zelle, paypal and venmo(certified checks are for businesses only). They signed the contract - and didn't send the deposit... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2022

Contract with the purpose of committing fraud is void. Therefore, I would not worry about some signed and illegal piece of paper. I would block them so that they cannot contact you again. And most certainly, do not initiate any more contact with them.

2 Answers | Asked in Business Law for Florida on
Q: Does an LLC have to report a change in principle operating address within a certain amount of time from the change?

Also is it illegal to submit annual reports from an LLC showing false information as to the agents address?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 31, 2022

The change in the agent's address shall be reported "promptly". The required reports are to be filed under penalty of perjury (See Florida Statute 605.0205 (3)), so intentionally filing false information could in theory be a crime. And of course, if a court summons is attempted to... View More

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2 Answers | Asked in Business Law and Landlord - Tenant for Florida on
Q: I was wondering if you are in a lease and they switch company’s without you signing a new lease is it possible leave?

Trying to get out of the lease

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 23, 2022

It depends if your lease can be "assigned." Look for this provision. If it is there, your lease continues under new ownership. If it is not there, contact a lawyer to see if you can "get out of it."

Good luck.

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3 Answers | Asked in Business Law for Florida on
Q: I hired a business broker to sell my business. His contract won’t let me fire him. Please help!

I hired a business broker in May to sell by business. For the last 3.5 months he has not done anything to sell my business. He hadn’t posted it on the BusinessMLS or BizBuySell. Nowhere. When I discussed my frustrations he gave me a song and dance and then told me that it’s just slow during the... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2022

It is impossible to provide advice without reviewing your agreement with the broker.

A broker should not earn a fee if he does not actually procure a buyer, that would be unjust enrichment and likely a violation of the rules regulating brokers (FL DBPR).

You should read the...
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