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Florida Contracts Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: I am looking for a lawyer to take my case against ABC Capital, please i need help finding one

ABC Capital, Ricardo Scattolini and Jay Walsh sold me a house in Baltimore for $ 80,000 claiming it was renovated but it wasn't. ABC Capital Miami was my property management but they don't want to pay me the monthly rent. Ricardo Scattolini does not answer my calls, does not answer emails... Read more »

Michael  Mayoral
Michael Mayoral answered on Dec 6, 2021

You may have a claim for a breach of contract. An essential factual element of a breach of contract claim is a material breach, that the defendant either failed to do something essential which a contract required it to do or that the defendant did something which a contract prohibited it from doing... Read more »

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Business Formation for Florida on
Q: If I paid for a plastic surgery procedure in full and have a receipt can that company charge me extra if they increase…

Their prices?.. I paid for a plastic surgery procedure and decided to do the procedure at a later date when the date arrive the plastic surgery place stated that the price of the procedure have increased but I have already paid it in full at an earlier time do they have the right to charge me an... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 4, 2021

A Florida attorney could advise best, but your question remains open for three weeks. A basic doctrine of contract law that holds true nationwide is that the terms of a valid contract agreed upon by both sides will apply. But that is a general textbook principle. A Florida attorney who reviewed the... Read more »

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1 Answer | Asked in Contracts and Medical Malpractice for Florida on
Q: I paid a deposit on a cosmetic surgery that I regret tonight, am I obligated to pay $750 to get out of it as I e-signed?

I was emailed one document to e-sign. The document states that I must pay $750 to get out of the contract and not reschedule the surgery date. However, this document was signed not w my real signature. I was also asked for my driver's license via text. Now upon research, I know what... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2021

Your "e-signature" would probably be regarded as your signature. They asked for your license so they'd have proof it was you. One would have to read the entire contract to know what happens if you don't pay the $750, but I'd be surprised if they actually bother to sue you for it.

1 Answer | Asked in Bankruptcy, Contracts, Divorce and Family Law for Florida on
Q: We live in Florida but we're married in Las Vegas, Nevada.. should we sign a CMA in Florida and where would we file it?

What are the benefits to filing CMA?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 3, 2021

What's a CMA? None of these seem to fit:

https://en.wikipedia.org/wiki/CMA

2 Answers | Asked in Business Law and Contracts for Florida on
Q: if buyer defaults on contract and is awarded escrow deposit. How is that distributed with his realtor?

The sellers realtor not buyers

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 1, 2021

Start by reviewing the contract.

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2 Answers | Asked in Contracts for Florida on
Q: If someone takes you to court for something they say they didn't get and at the hearing he gives the court a picture of

The parts he claimed he didn't have

Is that froud

Linda Liang
Linda Liang answered on Nov 25, 2021

You can certainly ask him the question. If he can't explain otherwise, this evidence could be used in your favor. Don't you have an attorney to represent you in court?

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1 Answer | Asked in Contracts for Florida on
Q: I paid off my financed car loan early, am I due a refund for the remaining amount of financial charges of the full loan?

My contact states if I prepay, I must pay the earned/unpaid part of finance charges up to date of payment.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 24, 2021

No, of course not.

This is America, land of the greedy.

No company or person ever refunds any money that has not been paid to them first.

That includes auto loans.

Your contract earns interest by the day and then charges the interest accrued monthly.

So...
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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: If my current lease ends on Nov 30 & my boyfriend's name wont be on the new lease Dec 1. He has to be out by 11/30?

All utilities are in my name and I pay all the bills.

Barry W. Kaufman
Barry W. Kaufman answered on Nov 20, 2021

The only issue is whose name is on the Lease. Generally, landlords want the name of every adult residing in the rented space to be on the lease (meaning that all the adults are equally responsible to the landlord for the full amount of the monthly rent). If you executed a new lease and you are the... Read more »

2 Answers | Asked in Contracts, Employment Law and Business Law for Florida on
Q: can an employer change the terms of your 10-99 contract after signing?

Employer is looking to change my full time base salary from 3,500 to a job by job pay until sales pick back up. Is this legal?

Jane Kim
Jane Kim answered on Nov 16, 2021

As a 1099 contractor, you are not an employee but a self-employed independent contractor.

If you have an actual employment contract (rare), the contract will dictate the terms of the relationship, for how long and how much. it should also provide for rights to modify its terms.

If...
Read more »

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2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation, Construction Law and Contracts for Florida on
Q: Does refusal to adhere to a 5-year workmanship warranty create breach of contract and void the required arbitration?

Extensive damage occurred in my house after work was done by a company. The damage was undetected for almost four years due to its location. Once found, expensive repairs were required. Three outside specialists confirmed the cause of damage was the poor workmanship. The company refuses to pay any... Read more »

David H. Relkin
David H. Relkin answered on Nov 16, 2021

You ask a very good question and one that I have been asked many times. An arbitration provision is valid even if the contract involved fraud. In other words, simply because fraud was involved in the transaction, that does not void the manner in which you have agreed to resolve the dispute. This is... Read more »

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1 Answer | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Florida on
Q: Does a successor agent of a durable POA have rights to serve me with unlawful detainer, original agent is still serving?

My aunt who is successor agent only is trying to steal my home I've lived in since 1993 that my grandmother owns against my grandmother's wishes but unfortunately she has Alzheimer's and my aunt is doing this out of greed with malicious reasons as well as she's very envious of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 15, 2021

If "the judge said [that your aunt] has power of attorney [and that the judge will] probably rule for [you] to move out ...", you should point that out to the judge, obviously.

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Car loan contract.

I'm writing to get an idea for what my options are. I signed onto a car loan that I wasn't of clear mind to do so, and the dealership is refusing to allow me to cancel the loan.

Basically, what happened is that, while in the dealership before signing papers, I received some... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 14, 2021

Sorry to hear about your ordeal. I assume you mean that you not only want to cancel the loan, you want to cancel the entire purchase transaction and return the car, as if the transaction never happened. Unfortunately, there is no way to do that unless there is some illegality - for example, if... Read more »

4 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Business Law for Florida on
Q: What options are available to me or what can I do? I could get the money to pay the judgement but I can't afford more.

My business was being sued. The case had been going on for about 2 years. I was having financial issues and could not make payments to my attorney. He requested to withdraw and I granted it. I did not realize how hard it would be to find a new attorney and during my search me and my other two... Read more »

Jane Kim
Jane Kim answered on Nov 12, 2021

Bad situation, sorry to hear that. You should confirm whether the judgment is against the business only or against you individually as well. You may still be able to file a Motion to Set Aside DEFAULT Judgment, if it was entered by default, if you have excusable neglect and a meritorious defense.... Read more »

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2 Answers | Asked in Contracts and Animal / Dog Law for Florida on
Q: Hello, I have a question another contracts

A couple years ago I adopted a dog from a breeder. She came highly recommended and seemed to be great but we received news this morning that she has been arrested for neglect and forging medical documents. The problem is she had us sign a contract before we took our dog and it basically outlined... Read more »

Michael  Mayoral
Michael Mayoral answered on Nov 10, 2021

She would have to sue you to enforce the contract, which would cost her a significant amount of money, and it sounds like she has her own legal problems to take care of. In other words, I wouldn't be very worried about that occurring. It is difficult to say anything about the enforceability of... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Banking and Business Law for Florida on
Q: Can anyone deduct money from my Bank account without my permission? Even though they have my number on file.

I am a member of an HOA. We have a grill that we are required to pay $50. every month to use it or lose it. I never use it. Recently they stated on the statement: Beginning January 1st, 2022 we will be converting to auto pay. Payments will be automatically be charged to your card on file on... Read more »

Linda Liang
Linda Liang answered on Nov 6, 2021

Nobody has right to charge your credit card without your authorization.

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1 Answer | Asked in Contracts, Personal Injury, Workers' Compensation and Civil Litigation for Florida on
Q: Lawyer paperwork

My workers compensation case is done. I moved to another county. I've been contacting my WC lawyer to get my files so I can give them to my personal injury lawyer but she haven't been returning my calls back. Can i get my files from another facility if i live in a different county if... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Nov 3, 2021

I answered this same question under the workers' compensation topic. Here is my answer: "If your case is over and settled, your work comp attorney should have collected his/her costs from the settlement. These are costs for things, like obtaining your records, on the case. Thus, if your... Read more »

1 Answer | Asked in Consumer Law, Contracts and Products Liability for Florida on
Q: Options for kitchen cabinet delivery without notification, just dropped and left outside for 2 days in rain-damaged

Hello,

I ordered kitchen cabinets online from a dealer in another state. The first delivery (of 2) was supposed to be delivered with prior notice to my contractor. The freight company just dropped the pallets in front of the garage where they stayed for 2 days in constant rain. Nobody was... Read more »

Linda Liang
Linda Liang answered on Nov 1, 2021

It's clearly a negligence case. Meaning it is common sense that someone should be notified right away considering the possible rain. You should hire an attorney to write a demand letter.

1 Answer | Asked in Contracts for Florida on
Q: Can a car dealership cancel the warranty on a car financed because you decide to pay off the loan in full?

Purchased a car with a two year warranty or 24K mikes and the dealership has a mechanic shop that handles the warranty guaranteed by the dealership. I’ve decided to payoff the loan in full, the dealership did the financing in house buy here pay here. I’ve had a few issues in the month or two... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 31, 2021

No, unless you have a written agreement specifying that. Tell them that if the warranty is not honored, you will need to get your lawyer involved. They may say, "go ahead". Then schedule a consultation.

1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: I signed a car leasing contract however I did not pay a down payment and I did not get the car either. Can I cancel it?

I called less than 24hrs after signing to cancel it. I do not have the car in my possession and the down payment money was not provided because the deal will be completed if my current insurance pay for the previous car. The dealership is insisting that they cannot unwind the deal. The leasing... Read more »

Michael  Mayoral
Michael Mayoral answered on Oct 28, 2021

The answer entirely depends on the specific words and provisions on the contract. It is impossible for anyone to tell you yes or no without reviewing the exact words in the contract. You may need to pay an attorney to review the contract and give you advice on this. Consult an attorney!

1 Answer | Asked in Contracts for Florida on
Q: What is my right when my orthodontist want to charge me more than my contract amount?
Michael  Mayoral
Michael Mayoral answered on Oct 28, 2021

In the most general sense, you have the right to sue for breach of contract or only pay what was agreed to. However, breach of contract cases are extremely fact specific and fairly complex, legally speaking. You may or may not have a claim. Consult an attorney if you think it is worth bringing a... Read more »

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