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Florida Contracts Questions & Answers
1 Answer | Asked in Collections and Contracts for Florida on
Q: Can I dispute a debt from a collections agency that I feel is unjust?

I was planning on attending university, so I put down a $300 reservation for a room, though around a month later I had to cancel due to financial reasons. When I applied for the room, an email was automatically sent to my student email account connected to the university which had terms stating... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 4, 2023

This is a fairly simple legal issue - either your entered into a valid contract agreeing to the cancellation fee, or you didn't. To enter into such a contract, you would either have to sign it in ink or electronically, or check an on-line box agreeing to terms and conditions that you are able... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: What can I do: My original 32+pgs lease was given back, w\o my notes on it, [office woman Admits she changed]. What!

SECTION 8 HOUSING TENANT.

My housing Caseworker, *RECEIVED Only 9 out of 32+pgs without my notes & my true signature on my original lease paperwork which I gave back to the office.

-9 PAGES OF *THEIR LEASE WERE SENT TO PCHA WITH FORGED SIGNATURE. [NOT MY ORIGINAL "32+... Read more »

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

The first and most important point I must strongly emphasize is: do not move into the premises until you have resolved any issues and disagreements pertaining to the wording of the lease agreement. The landlord is not required by law to accept your handwritten notes, and you are not required by... Read more »

2 Answers | Asked in Business Formation, Business Law, Contracts and Mergers & Acquisitions for Florida on
Q: Can I share transaction details w/a business broker/consultant without breaching a business contract? and with a lawyer?

I recently sold my business. The asset purchase agreement signed by both parties states neither party can disclose details of the transaction for 3 years after closing. I want to share details of the business I sold (such as closing price, terms, EBITDA, brand) with a business broker. The reason... Read more »

Venus Caruso
Venus Caruso
answered on May 31, 2023

If the confidentiality clause in your asset purchase agreement does not contain any exceptions for professionals who have a need-to-know the confidential information, or other like language, then sharing the confidential information with your business broker is not advisable as that would be deemed... Read more »

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2 Answers | Asked in Business Formation, Business Law, Contracts and Mergers & Acquisitions for Florida on
Q: Can I share transaction details w/a business broker/consultant without breaching a business contract? and with a lawyer?

I recently sold my business. The asset purchase agreement signed by both parties states neither party can disclose details of the transaction for 3 years after closing. I want to share details of the business I sold (such as closing price, terms, EBITDA, brand) with a business broker. The reason... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 31, 2023

It is not likely that the agreement could be interpreted to prohibit you from sharing the terms with an attorney under such circumstances; and the fact that you do so would probably be confidential in any case. Run your dilemma by an attorney with experience in such matters to determine, first, if... Read more »

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1 Answer | Asked in Contracts, Products Liability, Construction Law and Personal Injury for Florida on
Q: Inspection

The windows were bought and installed by Lowes in 2019. We just recently discovered they are all pulling away from our home at the top, allowing daylight, air, wetness in from the outside. You can see mold visibly in some spots. I, myself have had continuous breathing issues to the point that I had... Read more »

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

You indicated that numerous lawyers have told you they cannot be of help. Did they provide the specific reasons, including principles of law and issues of proof, that caused them to decline the matter? That's step number one - to meet with a lawyer (either in person or virtually) to go over... Read more »

2 Answers | Asked in Contracts, Civil Litigation and Elder Law for Florida on
Q: LAWS REGARDING? MY LEASE WAS FORGED WITH MY SIGNATURE & BACK DATED, RETURNED WITH NONE OF MY NOTES, IT WAS 32 PAGES.

1. ON 3/23 I SENT SEVERAL EMAILS ASKING FOR MY "ORIGINAL LEASE I SIGNED WITH MY NOTES". 1 MONTH LATER STILL NO RESPONSE.

2. I APPROACHED ASST. TO THE MANAGER, WHO ADMITTED RUDELY [in front of other residents] "IT'S A LEGAL DOCUMENT, YOU ARE NOT SUPPOSED TO WRITE... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 24, 2023

Send them written notification by certified mail that what they gave you was not the same as what you signed. If they seek to enforce terms different than what you signed, you can try to prove the different terms. But unless you kept a copy including your 'notes' and missing pages, you... Read more »

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2 Answers | Asked in Contracts, Civil Litigation and Elder Law for Florida on
Q: LAWS REGARDING? MY LEASE WAS FORGED WITH MY SIGNATURE & BACK DATED, RETURNED WITH NONE OF MY NOTES, IT WAS 32 PAGES.

1. ON 3/23 I SENT SEVERAL EMAILS ASKING FOR MY "ORIGINAL LEASE I SIGNED WITH MY NOTES". 1 MONTH LATER STILL NO RESPONSE.

2. I APPROACHED ASST. TO THE MANAGER, WHO ADMITTED RUDELY [in front of other residents] "IT'S A LEGAL DOCUMENT, YOU ARE NOT SUPPOSED TO WRITE... Read more »

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

First, forgery is a crime that can be reported to the police, and can result in arrest. Whether you should report it in your situation is a decision for you to make based on factors that include the relationship you wish to have with the landlord and any potential retaliation (though retaliation... Read more »

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2 Answers | Asked in Employment Law, Contracts and Immigration Law for Florida on
Q: Can I get in trouble if my employer is never asked me to fill out an I-9 form?

My friend has been working for a company for a little shy of a month now and thier employer's have never asked him to fill out an I-9 form. They have been getting paid (direct deposit actually) bi-weekly. I'm worried about him getting in trouble for it.

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Relax. The rules re: I-9 forms put penalties on the Employer, not the employee. If your friend is really worried, you can always download an I-9 from the IRS and fill it out to submit to the employer. Keep a dated copy. BUT if the employer is not asking for it and is not taking out employment... Read more »

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2 Answers | Asked in Employment Law, Contracts and Immigration Law for Florida on
Q: Can I get in trouble if my employer is never asked me to fill out an I-9 form?

My friend has been working for a company for a little shy of a month now and thier employer's have never asked him to fill out an I-9 form. They have been getting paid (direct deposit actually) bi-weekly. I'm worried about him getting in trouble for it.

James L. Arrasmith
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answered on Jun 1, 2023

Yes, it is possible for your friend to get in trouble if their employer has never asked them to fill out an I-9 form. The I-9 form is a federal form that all employers are required to complete for all employees hired after November 6, 1986. The form verifies an employee's identity and... Read more »

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can an apartment renew your lease without Knowledge after stating that there will be no renewal/ month to month?

Then evict 2 months later?

Joseph Sternberg
Joseph Sternberg
answered on May 22, 2023

Both parties are required to sign any lease, whether it is a renewal or a first lease. However, if there is a clause about a lease renewing, you would need to review that clause in your lease.

Often a renewal clause will state who (usually the tenant) has the option to renew. In such a...
Read more »

5 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Should my HOA inform us if they are using a toxic chemical for yard services (i.e. Round-up) ?
Charles M.  Baron
Charles M. Baron
answered on May 22, 2023

Yes - if you request the information and that info is in their possession, but otherwise, probably not. Request copies of all contracts with such service providers, all invoices, all receipts for items purchased for the services, all documents showing materials and chemicals used, and whatever... Read more »

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5 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Should my HOA inform us if they are using a toxic chemical for yard services (i.e. Round-up) ?
John Michael Frick
John Michael Frick
answered on May 22, 2023

Maybe, but there’s no legal requirement to do so.

Round-Up provides a great illustration why. The FDA has determined that Round-Up is not harmful to humans after very extensive research and analysis. Yet there are some who disagree. There is even litigation over this particular...
Read more »

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5 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Should my HOA inform us if they are using a toxic chemical for yard services (i.e. Round-up) ?
Charles M.  Baron
Charles M. Baron
answered on May 28, 2023

I am adding to my prior answer here. I discovered that the Fla. Dept. of Agriculture and Consumer Services maintains a registry of persons wishing to be notified of the use of pesticides on properties adjacent and contiguous to the person’s primary residence. If your application to get on the... Read more »

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2 Answers | Asked in Contracts for Florida on
Q: Is a promissory note enforceable if the full principal sum of money was never delivered to the borrower?

My father and step mother agreed to loan us 7200 at the terms 200 a month for 36 months they are now refusing to send the remaining 1500. Does this make the promissory note void under their terms since they never sent the full sim of 7200?

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 11, 2023

It's a breach of contract matter. It doesn't mean you don't have to pay the money back that was loaned but rather you don't have to pay back the full sum. I suggest you negotiate a new promissory note with your father and step mother for the amount received. Maybe their... Read more »

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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Can I claim a refund now from a car dealer who overcharged me last year?

After a couple of hours in the dealership last year, I failed to properly double check the numbers and the dealer changed the prices we agreed to by more than $16,000 in the contract. I trusted that the numbers were correct and I signed the contract. This week I was looking at the paperwork and... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 10, 2023

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... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: Getting sued for civil theft, cyber security infringement, cyber theft, blackmail, scamming, extortion

Hello everyone, I was hired as a marketing manager and for some administrative work by an individual who owns a small business. However, after one or two weeks, she began giving me tasks related to building her website, which falls under web development and not marketing or administrative work at... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 20, 2023

It's not clear whether you were an employee or an independent contractor. But in any case, it appears that you did the website work for her. If so, the content was hers, and you had no right to delete the content. So, I suggest that you offer to restore it to how it was before you quit.... Read more »

2 Answers | Asked in Civil Litigation, Contracts and Small Claims for Florida on
Q: Can a Statement of Claim in Replevin be filed to get an item to be used as evidence in a related Small Claim?

The item is a $2 tool with sentimental value to the Plaintiff, was used in service to the Defendant, was used to provide a more valuable service, probably why Defendant is detaining the tool. Plaintiff suing for payment of service. Would the Statement of Claim and the Statement of Claim in... Read more »

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

The order in which you put the allegations of your statement of claim probably doesn't make any difference. But if you want to use the tool as evidence at the trial you should probably bring this up at the pretrial conference (or mediation, of mediations are used in your county) so that the... Read more »

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1 Answer | Asked in Contracts and Employment Law for Florida on
Q: What Would Happen if I broke a contract that required me to stay 60 days and give 14 days instead?

independent contractor the contract said your not a employee I'm a consultant,

N'kia (NLN)
N'kia (NLN)
answered on Apr 7, 2023

An attorney likely needs to review the contract to compare it to the law. However, the first question might be whether you're really an independent contractor or whether you're an employee who has been misclassified. The answer to that could make a huge difference in your rights and... Read more »

2 Answers | Asked in Contracts for Florida on
Q: I intend on suing a business for breach of contract but am not sure which LLC to name as the defendant. There are 2

The business recently changed its name and has established a second LLC . When I looked it up, the old business name is no longer registered but the LLC for it is still active. It just says “SEE NOTES” where the business name was . Do I list both the old and new business names and both LLC’s... Read more »

Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2023

Generally, if a Fla. LLC or corporation listed on Sunbiz.org as being active at the time of the breach is still in existence, that would be the one entity to sue. Not sure what you mean by "the business recently changed its name"; if you mean its registered fictitious name, that... Read more »

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1 Answer | Asked in Contracts for Florida on
Q: after a car lease is paid off. do you have to come up with the residual value on contract in full or can i make payments
Charles M.  Baron
Charles M. Baron
answered on Mar 29, 2023

That is solely a matter of agreement between you and the lessor. Start by determining if the lease mentions the ability to pay in installments (probably doesn't). If not there, propose an installment plan. The lessor can either be kind and work with you, or not. If not, and financial... Read more »

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