If you are buying while in Fla., Fla. law should apply. Regardless, to take legal action, you must see the terms that you agreed to for what procedures and venues apply for resolving any dispute. You likely checked a box for "terms and conditions". By doing that, you agreed to the... View More

You ARE at risk of resetting the limitations period clock if you agree that you owe the debt or do anything that arguably indicates you agree to it. In that event, the creditor (or its assignee/successor) may sue you for account stated, for which there is a 4-year limitations period starting from... View More

The issue is whether the warranty is voided due to your wrongdoing (either intentional or negligent), if any, that caused the damage/issue triggering the need the repair. One issue is the contract language itself, and another issue is the fact issue of whether you actually committed the act or... View More

A Florida attorney could advise best, but your question remains open for four weeks. Until you're able to discuss with a local attorney for definitive and state-specific guidance based on applicable insurance laws, in general nationwide, insurance carriers might not bother to enforce that... View More

You generally do not or can not because as you have stated, you have gifted it to them and put the title/transferred it into their name, this completes the transfer and gift. Your only hope would be some type of civil action with a civil litigation attorney related to some sort of misunderstanding,... View More

Three options (other than paying in full): 1. Attempt to settle up, such as by offering X cents on the dollar and/or paying in monthly installments over X number of years; 2. File for bankruptcy if eligible (consult a bankruptcy attorney); 3. Determine if you are judgment-proof and can just let... View More

Unfortunately, you signed the contract and it is presumed you read and understood the terms and provisions of the contract. You would only have a case if you could prove you signed the contract under duress or there was fraud involved. While it is a long shot, take the contract to an attorney to... View More

I suspect that the statement they want you to sign is to protect the lender from your later claiming the property as your homestead. If you default and they have to sue you and get a judgment against you, a claim of homestead would make it difficult to levy upon the property in order to collect... View More

These are particularly troublesome issues to deal with because Florida law does not favor owners in these situations and owners are not familiar with dealing with the ins and outs of living in a community association, especially if you are just moving to Florida.

The first thing you... View More

There are several ways this could happen, depending for example whether the case was under the small claims rules or the civil rules. But such a dismissal would normally be without prejudice. Were the "dismissed" defendants served with a summons issued after the dismissal?

In... View More

The Fla. Limitations period for negligence suit is 4 years from either the date of incident or from the time the damage was discovered. Either way, the time is probably up for an action based on negligence, such as negligent hiring or negligent retention. I say "probably" because this... View More

This is mostly a matter of the terms of your contracts with the service provider and the lender. Schedule a consultation with a lawyer in your area who handles consumer law or breach of contract cases, so that the lawyer can review the contracts and the entire situation. A contract can be a... View More

Regardless of liability or lack thereof, your first step is to get a written repair estimate, then demand that the dealer pay it, and if they balk, say you're planning to take legal action. That may or may not work, but there's no downside to doing it. That said, whether the dealer is... View More

Sounds like you've been scammed, as well as extorted. You should have promptly sought advice when you did not get receipts, but seek help now - schedule a consultation with an attorney. You likely have a potential civil claim for money damages (though you might have a collectibility... View More

So sorry to hear about your loss. Unfortunately, the measure of damages for the loss of your pet, as provided by law, would likely be only the fair market value of a bulldog of your dog's age at the time of his/her death and any vet bills associated with the incident. So the money that you... View More

The broker's liability mainly depends on the written contract terms. If your dispute is over $700, I suggest you first contact a government agency handling consumer complaints, such as the Fla. Dept. of Agriculture and Consumer Services and/or your county's consumer protection office, if... View More

Jonathan Blecher Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 10, 2023

Lawyers are, and should be, held to a higher standard than car mechanics. However, sometimes they can only provide general answers and not specific solutions when all the pertinent facts aren't available. Lawyers give opinions all the time, based on the information they have. It may not be an... View More

The Adams & Onis Treaty is the operative document for land ceded to the United States by Spain south of 31 degrees N latitude. That is sovereign source for deed searches.

The Treaty of Middle Plantation was between several Native American tribes that previously existed in norther... View More

I previously wrote: "The Treaty of Middle Plantation was between several Native American tribes that previously existed in norther Florida in the 17th century and the British Colony of Virginia."

The Native American tribes who signed the treaty actually lived in southern... View More

Jonathan Blecher Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2022

Under a separate reporting requirement, banks and other financial institutions report cash purchases of cashier's checks, treasurer's checks and/or bank checks, bank drafts, traveler's checks and money orders with a face value of more than $10,000 by filing currency transaction reports.