Lawyers, Answer Questions  & Get Points Log In
Florida Contracts Questions & Answers
2 Answers | Asked in Contracts for Florida on
Q: I’m under contract on a condo in Florida. The hurricane destroyed the area but not the condo. Can I get out or the deal.

Little to no damage on the unit but the building, pool and surrounding area has suffered significant loss.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 30, 2022

No one can answer that in this online forum. It requires a review of your purchase agreement. You will need to hire a real estate lawyer to review it. Honestly, you should not purchase real estate without one.

View More Answers

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... Read more »

2 Answers | Asked in Contracts for Florida on
Q: Is it possible to create only one original contract copy by executing in counterpart?
Mark R. Osherow
Mark R. Osherow
answered on Sep 25, 2022

Interesting question. If the contract says it can be executed in counterparts it can be signed on separate documents. Probably would be valid if executed like that even without specifically so stating. Technically, each of the signed originals in full when placed together would be the original. If... Read more »

View More Answers

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: What can I do to get my car that is in my name but still in my exes possession in florida?

Payments are not on time and I want to get the car paid off and off of my credit.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

If the automobile is titled in your name only you have a legal right to go get it, unless you were supposed to transfer it to him in the divorce.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: FL apartment lease states tenant responsible for pest control contradicting Title VI 83.50 Can landlord deny lease to me

based solely on me refusing to be responsible for pest control pursuant to above statue? ( sorry that’s Title VI 83.51)

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

Probably. If he can't follow that statute, he's probably not following others. you don't want to rent from a guy like that. Go someplace else.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Florida on
Q: Had a 2nd showing.Can you req a refund if the app is still not fully processed; bugs and odor?
Mark R. Osherow
Mark R. Osherow
answered on Sep 19, 2022

This is not enough information to accurately respond. But in general, it would depend on a number of factors, such as whether this is an "as is" deal, whether there is a mortgage contingency and whether that expired, etc. Also, are there conditions in the home which the seller was... Read 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 Consumer Law and Contracts for Florida on
Q: What should I do if my auto financial comp refuse to comply with my right of recession paperwork and stole my car

I mailed my right of recession letter in June. I called and spoke to the company after they took my car and they said the letter isn’t valid. The letter was indeed valid and now they refuse to give me my remedies, and downpayment because they took my car back.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 13, 2022

A right of rescission is generally limited to door-to-door sales and refinancing of mortgages, not cars. Dealerships are not going to let you drive their cars for three days, put mileage on the vehicle and then take it back. Unless there was a clause in your contract giving you this right, any... Read more »

3 Answers | Asked in Health Care Law, Contracts and Medical Malpractice for Florida on
Q: Can a doctor charge cash for a visit if the doctor knows the patient is a medicaid recipient?

My doctor has been seeing me for many years. He first started seeing me under medicaid. He decided to stop accepting medicaid. He continued seeing me now for years as a cash patient. I was informed he wasn't allowed to if I was on medicaid. At first he had us signed a form that I was paying... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 10, 2022

The United States of America abolished slavery in 1863.

1. Neither your doctor nor any other doctor is required to treat patients who are on Medicade.

2. Neither your doctor nor any other doctor is prohibited from requiring patients to pay cash at the time of service.

3....
Read more »

View More Answers

3 Answers | Asked in Health Care Law, Contracts and Medical Malpractice for Florida on
Q: Can a doctor charge cash for a visit if the doctor knows the patient is a medicaid recipient?

My doctor has been seeing me for many years. He first started seeing me under medicaid. He decided to stop accepting medicaid. He continued seeing me now for years as a cash patient. I was informed he wasn't allowed to if I was on medicaid. At first he had us signed a form that I was paying... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 11, 2022

Your question begs the question, didn't you know you could stop going to that doctor and simply choose another one who's in your Medicaid plan network, so that you would not have to pay a dime? If you did not know that, why not? Did your doctor somehow mislead you into believing you... Read more »

View More Answers

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... Read more »

Jane Kim
Jane Kim
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 Consumer Law, Contracts and Small Claims for Florida on
Q: Hello, we are in need of legal advise as to whether we should sue in small claims court.

We hired a couple to do epoxy floors on our garage floors. They said their product came with a 6 year warranty. We paid them $800 and after a month, the flakes started coming up. We contacted them to fix the issue and it was one excuse after another. They offered us a refund and to re-do our... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 31, 2022

The only avenue open to you, with any chance of success is small claims court. If you prevail to judgment, you are entitled to costs. Make certain that you sue the correct legal entity. Many clerks have information and forms on their websites. You can find the Florida Small Claims Rules online.

View More Answers

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Florida on
Q: Should I file a small class action suit or replevin? Am I entitled to any additional damages?

I paid an ac co. $6000 for a system and install. They installed everything excepts ducts then refused saying there were spiders in crawlspace. They said they would take everything, keeping $1000 for their time. I told them I now owned the equipment and not to take it unless I got a full refund.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 29, 2022

If you sue them for the $1,000 they are trying to keep, replevin would not make any sense, you would not be out they money you paid them. You might want to talk to an attorney to see if any "other damages" would be practical.

A class action suit would probably not work....
Read more »

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: Buying a house with a current leased solar panel agreement - seller says buyer must assume lease. What if I don’t?

In other words, what if we go through closing, everyone signs the paperwork the title company has for the sale of the property (none of which includes the solar lease), and I just don’t assume the solar lease? The only thing about the solar lease is the wording “buyer must assume solar lease”... Read more »

Jane Kim
Jane Kim
answered on Aug 29, 2022

You need to have a lawyer review the lease agreement with the solar company, whether the lease is assignable (probably) and what the remedies against you might be. It might list repossession as the only option, which is what you'd want anyway.

You agreed to the lease in the contract....
Read more »

View More Answers

1 Answer | Asked in Contracts for Florida on
Q: Does Florida contract law require a 3-day right of recession? We are a mobile home brokerage.

A buyer is demanding her $1,000 deposit back because she is breaking the contract within her 3-day right of recession she says is FL law. Our contract clearly states how she would lose or be refunded her money. I am not aware of a mandatory 3-day right of recission on a purchase and sale... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 28, 2022

I'm not an expert on mobile home sales, so just giving some guidance. In Fla., there is no right to rescind ANY contract unless (A) the contract provides the right, or (B) there's a statute that provides that right for that particular type of contract. I've never heard of a statute... Read more »

4 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I am buying a house that has a leased solar system installed on the roof. The seller wants me to assume the lease.

The AS-IS CONTRACT to purchase the house, under the “Additional Terms” section, includes the statement “Buyer agrees to assume the terms of the solar panel lease.” After speaking with the solar company multiple times, I’ve gotten wildly different amounts from them (to either pay off the... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 28, 2022

You will need or want to continue negotiating until you can reach agreement that resolves or addresses the solar panel issue. I would strongly encourage you get a clear answer from the solar company (which they are not doing and is already a terribly bad sign). You will need to negotiate on who... Read more »

View More Answers

1 Answer | Asked in Contracts for Florida on
Q: Hello, So I bought a used car. The break alarm isn’t working.

Couple months back I bought a used car. I didn’t know the break alarm wasn’t working until I drove it off lot. I contacted them on multiple occasions to get it fixed. They tried to ignore me but eventually I got them to. But even though they said they fixed it it still has the warning signs and... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 24, 2022

You did not ask a question. If you are wondering if the dealer is living up to its end of the bargain, schedule a consultation with an attorney to review the transaction documents and go over the communications you had with the dealer. The failure to disclose that the car had been in an accident... Read more »

3 Answers | Asked in Contracts and Arbitration / Mediation Law for Florida on
Q: is it legal in florida contract law to impose a 50% penalty for a payment not made on time?

I have agreed to pay a certain amount by october 29 2022 but my creditor wants to impose a 50% penalty if the payment is even one day late. is that legal?

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

Legitimate private creditors can impose any "late penalty" they want. They do it to make sure they get their money back from you.

BTW, if you complain to the creditor about this policy it will make it look like you are intending to be late, which is why the creditor charges a 50%...
Read more »

View More Answers

1 Answer | Asked in Contracts, Real Estate Law and Business Law for Florida on
Q: Do I have a case?

A leasing company has deceived us out of 5k. The funds were paid in order to receive the keys to move in. We were not able to accrue the full amount so the company canceled. I was told over the phone and text that we would be refunded in 30 days, now they are saying otherwise. This was July 6th.... Read more »

Jane Kim
Jane Kim
answered on Aug 18, 2022

I do not know the reasons stated for keeping your money. But typically, no one is entitled to keep the money without providing an actual service. Sounds like you might have a case.

You might want to go to small claims court which is set up for parties without lawyers.

1 Answer | Asked in Contracts and Estate Planning for Florida on
Q: Which power of attorney do I need

My boyfriend is currently in prison and wants to give me power of attorney over all of his real property like his car's trucks includes trailers etc and also wants me to collect his stimulus payments which power of attorney do I need to file

Charles M.  Baron
Charles M. Baron
answered on Aug 17, 2022

Your boyfriend has a choice - either a general power of attorney or a limited one, and for either one of those choices, durable or non-durable. General would give you power to act on his behalf of just about anything under the sun, and limited is for just certain listed items. A durable power of... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.