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Florida Contracts Questions & Answers
4 Answers | Asked in Contracts and Collections for Florida on
Q: I joined a gym and was told it would be month by month and not a year long contract. I'm now being told it was year long

When I joined the gym they told me it was a month to month thing and not a year long contract. In fact I was told that this specifically was not a contract. I was not shown a contract nor did I receive a copy of anything. In January I stopped attending the gym and didn't update my payment... Read more »

Jeffrey Snyder
Jeffrey Snyder answered on Apr 6, 2020

Do you have a copy of the contract that you signed? If not, get a copy and go from there.

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2 Answers | Asked in Business Law and Contracts for Florida on
Q: In 2020 I noticed the business I co-owned is registered but I am no longer listed. What is the significance?

My partner who I have recently had a disagreement, recently registered the business for 2020 but I am not listed (I was listed in 2019 as a owner/mgr). What is the legal significance of not being listed on the business as I am a 49% partner?

Heather Marie Meglino
Heather Marie Meglino answered on Apr 6, 2020

Do you have a partnership agreement? Typically, that is going to control over what is on Sunbiz (I am guessing that is what you are referring to). Also, if there was not a written partnership agreement, it defaults to the Florida Revised Uniform Partnership Act. I would suggest that you have them... Read more »

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1 Answer | Asked in Contracts for Florida on
Q: If your roommate dies in the middle of your lease, does his or her estate still obligated to fill the lease?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 6, 2020

Although I have never heard of doing anything like you are thinking about trying, I suppose you could wait until the decedent's family opens a probate case (if they do) and then file a claim against the probate estate for the remaining portion of rent the decedent cannot pay. However, you are... Read more »

2 Answers | Asked in Contracts for Florida on
Q: I have a question about contract enforcement

I purchased a leased vehicle for my grand daughters mom. I wrote an extensive email agreement and had her to accept the terms. Is our email agreement enforceable? Also, I was the primary on the loan, but she was added as the primary driver because I lived in VA and she was in FL. She started... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 5, 2020

No, if you are not shown as a lienholder you can not repossess the vehicle.

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1 Answer | Asked in Contracts and Animal / Dog Law for Florida on
Q: Need assistance with a co-ownership!

I sold a purebred puppy on co-own to someone, with the verbal agreement that I get pick puppy from the first litter. After that, I would sign full ownership over to her. She has now “forgotten” that we had the agreement, now that the dog has her first litter and is refusing to give me my pick... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 5, 2020

Sure, many attorneys can help you with, and represent you on. a breach of contract matter, which is what you have, but in your case, you'd likely have to pay an attorney FAR more than the monetary value of the pup you were supposed to receive. If the person who breached the agreement won't... Read more »

2 Answers | Asked in Contracts, Copyright, Criminal Law and Real Estate Law for Florida on
Q: My landlord asked me to leave during the quarantine when it first started and I am now homeless.

My County stated that no evictions are to occur

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 5, 2020

If you voluntarily left, with the intent to surrender the premises, unfortunately there is nothing you can do about it. It's not an eviction (which would have required a court action).

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2 Answers | Asked in Contracts for Florida on
Q: Recently had electrical work done in home.Cost was $3,000. Contract states that I can get full refund if not fully

satisfied. Well they had to redo shoddy work after I complained, started work and disappeared for 3 weeks, tracked dirt into home(no shoe covers are mentioned in contract), left scrap lying around and several other things such as me missing work without pay for appt. they never kept. If they refuse... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 5, 2020

It appears you are entitled to a refund. I suspect, however, you will have to sue them, and then try to collect the resulting judgment.

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1 Answer | Asked in Contracts for Florida on
Q: Is anyone here experienced in negotiating/communicating with condo HOA attorneys to avoid litigation?

This is in regards to a "conflict of interest" situation among several board members who are friends with residents who are creating a nuisance.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2020

For sure. There are perhaps 10,000 or more Florida lawyers who have lots of experience in dealing with over-bearing HOAs--which IMO are collectively a huge cause of unnecessary anger, angst and aggravation in our little part of the world.

2 Answers | Asked in Contracts, Land Use & Zoning and Real Estate Law for Florida on
Q: Hello, what kind of lawyer do i need? The county said i was in violation of code on a property that i am leasing.

I am leasing a residential property from a company. Someone made a complaint to the county that i am subletting. The county said i have seven days to fix the issue. I don't have anyone else living there. I receive no rent and all bills are in my name. I have friends stay the night often. How am i... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 1, 2020

You post is vague as to whether you were issued a code enforcement citation with a fine and/or notice of hearing, or instead just some kind of warning, without any legal consequences at the moment. If you were issued a citation, immediately consult an attorney - meaning call a law office and... Read more »

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Is this legal? What can be done?

Hello I recently placed a deposit and 4 months for a place and was to receive the keys but says they couldn't get in contact with me and headed back to the owner because she fell ill.(Did not receive phone call, text, nor email.) Then the owner dies the next morning. (Dealing with the nephew this... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2020

If a lease was signed, you need to contact an attorney and file suit to enforce the lease.

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3 Answers | Asked in Contracts and Business Law for Florida on
Q: What recourse do I have when I signed a contract to complete a project and they paid me less than what I billed for.

I was subcontracted for some IT work. I signed a contract and my billable hrs were below that max amount of billable hrs. I provided a weekly summary of the work I did and hrs worked. Everything went well until payment was due. The first excuse was they didn't approve my proposal which later... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 30, 2020

Your options are to hire an attorney to send a demand letter, then take legal action if that fails, or just jump right to the legal action. I usually recommend starting with a demand letter. Your inquiry is vague about the contract saying "no court", but I'm guessing you mean the contract has an... Read more »

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: We made arrangements to rent a condo in Florida from April 3rd to April 12, 2020. We would like our full payment back

Michigan residents are ordered to shelter in place. Florida has closed many beaches including Indian rock beach which is where this condo is located. Florida is also asking visitors to shelter in place for two weeks upon arrival.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 30, 2020

Rather than try to find--and pay--a lawyer to help you do the impossible I strongly suggest that you voluntarily offer to delay your arrival until some future date--after the Corona Virus is history--in return for a full credit voucher for another identical vacation at the same destination. A bird... Read more »

2 Answers | Asked in Contracts, Civil Litigation, Collections and International Law for Florida on
Q: Can an American living in Germany be successfully sued or have collections put against them from someone in the states?

Im an American living in Germany and do not plan to return to the states. I signed a contract with a company out of Florida regarding medical consulting in relations to a claim with the Veterans Administration (Im a vet). The company did not do as advertised and thus we are in a dispute over... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 30, 2020

Of course you can be sued. The creditor will have to jump thru some hoops to get you served in Germany though. But regardless, once you are served, its just like you lived in the states. If the creditor obtained judgment, and wanted to enforce the judgment, it would have to go through a process to... Read more »

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2 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for Florida on
Q: Can my apartment complex refuse to accept payment by checks "due to Coronavirus"?

The lease states that payment by check is one of the accepted payments methods. The office states they are no longer accepting payment by check, citing concerns over Coronavirus. However, they are open by appointment to show you "in person" how to work the online payment system (where you must... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 23, 2020

If your lease states that you are allowed to pay by check then the landlord must accept checks. However, there is really nothing you can do except pay a lawyer a bunch of money to sue the landlord--but what are your damages? Zero.

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1 Answer | Asked in Contracts for Florida on
Q: What should I do to recoup funds owed by a client that has terminated our contract?

We are a small CBC in Florida and have recently had a long standing customer decide to terminate a contract that was in their opinion taking to long to complete. At their request we made changes to the construction documents specifications about locations and layout to the MEP's of the building.... Read more »

Marisa Portuondo
Marisa Portuondo answered on Mar 21, 2020

Construction contracts are often very complex. There are so many different ways they can be drafted, it is impossible to answer your question without reviewing the contract. Many construction contracts have what is called "Termination for Convenience" which essentially means the other side can... Read more »

3 Answers | Asked in Contracts for Florida on
Q: Hello

Hello, I’m suppose to have my baby shower at the banquet hall in three weeks but the government is shutting down all events for 30 days. I am already 7 and a half months pregnant and is unable to reschedule my event. Can the banquet hall keep my money even thought this is out of my control?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 18, 2020

Before worrying about possibly losing your deposit, I suggest you call them and try to work with the venue and re-schedule the baby shower; they are going to be needing your business after the 30 day hiatus.

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2 Answers | Asked in Civil Litigation, Contracts, Foreclosure and Probate for Florida on
Q: FL Co-operative assessed $250K to settle negligence case with Estate of Deceased Member. How to verify disbursements?

Estimated legal fees the estate incurred for the case between $75K and $100K.

$30K were paid to creditors per probate case public information.

Estate owes Co-op $19K. Representative claims to have no money left. In conversation, representative hinted to "other parties" and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 14, 2020

If you are a member of the co-op you are probably entitled to a full accounting of all of the settlement details.

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1 Answer | Asked in Contracts for Florida on
Q: In Florida, can apartment complexes require renters insurance only from people who have pets?

The insurance requirement is on a pet addendum on the lease that non- pet owners don't have on their lease.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 9, 2020

Although this unusual situation is very hard to believe--most decent apartment complexes require renters insurance for everyone--there is no law prohibiting the requirement of renters insurance only for tenants with pets.

1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: My sister in law has sole custody of her two kids, both minors. The father gave up rights, need help with poa.

She wants to give her sister power of attorney, she has had some medical issues and wants to make sure there is care of kids if needed until 18. Does a standard poa hold up if her sister has custody to take care of kids if father comes along latter and try’s to challenge it? Mother has full... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 5, 2020

The Florida court that granted your sister-in-law sole custody of her two minor children still has jurisdiction over all custody decisions involving the minor children. Translation: No POA will work. Your sister-in-law cannot just pass her children over to her sister--or to anyone else--without... Read more »

2 Answers | Asked in Contracts and Collections for Florida on
Q: Can a person, who is not named in a summons, refuse to accept service?
Barry W. Kaufman
Barry W. Kaufman answered on Mar 4, 2020

Certainly someone unrelated to the defendant can refuse. Probably need more facts and unless your question is one of idle curiosity, the person refusing should probably consult his or her own lawyer.

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