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Florida Contracts Questions & Answers
1 Answer | Asked in Contracts, Arbitration / Mediation Law and Elder Law for Florida on
Q: Is this an arbitration clause and should I sign it? Received in my father's ALF paperwork.

Association:

And not by court action except as provided by Florida law for judicial review or arbitration proceedings.

Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 11, 2021

You are correct that it's an arbitration clause, requiring legal disputes to be resolved in an arbitration proceeding rather than a court. Certain businesses like such clauses in their contracts in order to have disputes resolved in a less costly fashion and to prevent claims from being... Read more »

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Elder Law for Florida on
Q: Is this an arbitration clause and should I sign it? Received in my father's assisted living contract.

And not by court action except as provided by Florida law for judicial review or arbitration proceedings.

Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the notice of pending... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 11, 2021

If you don't understand the arbitration verbiage in the contract, have an attorney explain it to you. It basically means that, if there is a dispute over the contract, you will have to arbitrate the dispute instead of filing a lawsuit. See:

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

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Florida on
Q: I quit claimed a property from my LLC to my partnership LLC but did not record it. Is it legal?

I need to refi the partnership property but can't due to lien on the LLC still shown on county records as owner. My attorney says since I didn't record quut claim its not legal but everything I read says it is. Is it?

Charles M.  Baron
Charles M. Baron answered on Jun 8, 2021

The execution (signing/notarizing) of a deed legally effectuates the transfer, and the recording of the deed is to put the world on notice of the transfer. When it comes to liens, the order of recording can determine the priority of the liens. Ask your attorney to fully explain to you, and or... Read more »

1 Answer | Asked in Contracts for Florida on
Q: A dealership sold me a base model car, for the price of a higher model, and said it was the higher model, What can I do?

It’s written in my paperwork as the upgraded model, and advertised as such. They also said they would pay my first 2 payments as reparations, and failed to do so. Also the difference between the models is $2400

Charles M.  Baron
Charles M. Baron answered on Jun 8, 2021

Sounds like the dealer breached its contract with you and also may have violated consumer protection statutes. You need to have an attorney review the contract, which should contain remedies/procedures in the event by breach by other party. For example, some dealer contracts require 30-day... Read more »

1 Answer | Asked in Contracts for Florida on
Q: I signed a contract with a dentist 36 hours ago. I can not afford to pay the contract. Can I resscind? In Florida.
Charles M.  Baron
Charles M. Baron answered on May 27, 2021

The first person to ask, rather than lawyers on-line, is the dentist. I think most dentists would not have a problem with canceling if they have not performed any services whatsoever under the contract. If the dentist says no, then you should schedule a consultation with an attorney so that the... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: Have a purchase /sales contract for vacant lot in Florida, Im the seller. Contract executed 1/29/21 with closing date

30 days from 1/29. I signed as POA for my father who owned lot with my mother due to him being incapacitated. Title company refused to accept POA, b/c only 1 witness. I tried to remedy by contacting lawyer who executed POA, but attorney is retired and won't sign affidavit for title company. I... Read more »

Linda Liang
Linda Liang answered on May 27, 2021

A power of attorney must be signed by the principal and by two witnesses to the principal’s signature, and a notary must acknowledge the principal’s signature for the power of attorney to be properly executed and valid under Florida law. There are exceptions for military powers of attorney and... Read more »

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1 Answer | Asked in Contracts for Florida on
Q: Seller back out auto contract. Trade in $6k, owed $9400, deposit $1k trade in sold. Ctrct states rtrn all considerations

I purchased a truck. Financing fell through. I gave $1k down payment, trade in was $6k, owed $9400 on trade (dealer paid off trade). Trade has been sold. Contact states: seller must give me back all considerations seller has received from me in connection with this contract.

I informed the... Read more »

Charles M.  Baron
Charles M. Baron answered on May 24, 2021

Where you legally stand depends on the language of your purchase contract. It's a bit unclear from your post what it specifically states regarding remedies in the event of dealer unable to obtain financing. If it happens to state that, upon failure of the dealer to obtain financing, the deal... Read more »

3 Answers | Asked in Contracts for Florida on
Q: How do I collect on an agreement to pay for a business?

I sold the business to my partner, he sent me an agreement and signed it that he would pay me over 4 years and stopped making payments. Can I do anything to collect that? I am a 78 years old and really need the money. I haven't done anything since Covid, but now he is back in business and... Read more »

Charles M.  Baron
Charles M. Baron answered on May 18, 2021

First present your own written demand, if you have not already. Specify the terms breached and the amount owed. If you can't work it out, promptly schedule a consultation with an attorney. Beware of the statute of limitations, which for written contracts in Fla., has a limitations period of... Read more »

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1 Answer | Asked in Contracts for Florida on
Q: A company failed to provide services contracted for. What legal recourse do I have if further collections are attempted?

I own a small waste management company in North Fla. Recently a piece of equipment was stolen prompting me to install GPS units on other assets. I contracted a firm that provides the GPS devices and monitoring service. We entered into a three year agreement. In "normal mode" of operation... Read more »

Linda Liang
Linda Liang answered on May 16, 2021

You have a cause of action for breach of contract. You can start with a demand letter and hope to get into a negotiation.

1 Answer | Asked in Contracts for Florida on
Q: My grandmother passed away and her kids have decided to sell the house, one of them live outside Puerto Rico, how can be

done without flying in to PR ?

Linda Liang
Linda Liang answered on May 14, 2021

You are saying you live outside Puerto Rico, you are a beneficiary and you consent to sell the house, but you do not want to fly to Puerto Rico, right? This is a question for closing company.

If you are not beneficiary, or you are but you do not consent, or you are not sure, you should...
Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can a landlord change a contract terms at any time?

Was in a 5 year contract rent to own with me and my girlfriend on the agreement. We broke up, she stayed in the home with our 2 children. She recently wanted out of the house, so I took over and moved in. The landlord knew what we were doing, she then contacted me 11 days later saying the... Read more »

Charles M.  Baron
Charles M. Baron answered on May 13, 2021

The only way to get a legal opinion on this is by scheduling a consultation with an attorney, so that the attorney may review the original contract and discuss the facts with you. The landlord is stating you are in default. Why? It should be plain, by the terms of the contract, whether you are... Read more »

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1 Answer | Asked in Contracts and Education Law for Florida on
Q: Can a college deny a student from completing schooling until the tuition fee is paid in full?

I’ve submitted an email requesting a leave of absence and attempted to get a deferral from the lender which they declined. Now I would like to re-enroll and they are denying me a chance to finish the program until I pay I pay off the current balance, the lender also increased the amount that I... Read more »

Linda Liang
Linda Liang answered on May 13, 2021

Whether it is ethical or it is breach of contract, you must revisit the agreement you signed with the school when you first enrolled. You should bring a copy of the agreement and consult an experienced contract attorney.

2 Answers | Asked in Contracts for Florida on
Q: I signed up to sell my house on one of these realtor sites that list your home for a flat fee. I then tried to cancel it

Before they even did anything with it which they didn’t do anything with it. Now they are saying they will sue me or put a lien on my home.

Charles M.  Baron
Charles M. Baron answered on May 12, 2021

The only way an attorney can give you an opinion on this issue is by reading the contract. Therefore, schedule a consultation.

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1 Answer | Asked in Contracts for Florida on
Q: Is a contract non-binding is one of the signers was not present?

We bought into Marriott's "Destination Points" vacation program, the salesperson lied and they can’t be used for our purpose.

We own a fixed holiday "Week" in Marriott's Vacation Club with "Select" status that allows us to book reservations... Read more »

Linda Liang
Linda Liang answered on May 10, 2021

I am sorry to hear what you have gone through. If you signed into the agreement as the result of attending Marriott's solicitation and sales presentation, Marriott should be responsible for the contract regardless who was the sales person. This is called vicarious responsibility. You should... Read more »

2 Answers | Asked in Contracts and Divorce for Florida on
Q: Good Morning I have a decree settlement question

The decree ended on April 05, 2021 and it states the wife shall have 60 days to buy out the husband

The wife refinanced back in August 2020 so the remaining balance has to be

found on an Amortization table which the wife does not agree with

Tami Lane Augen
Tami Lane Augen answered on May 8, 2021

Your question is a bit unclear. The final judgement should provide clarity in regard to the value of the home and how much Wife should pay to Husband by a certain point in time. You may want to consider having an attorney review the final judgment and/or any settlement agreements to provide... Read more »

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1 Answer | Asked in Contracts and Construction Law for Florida on
Q: How do I get my pool finished with no contract permits pulled by company now they won't return calls. Started not finish

I was working for pool company Cool Pools for 3 years was friends with owner for 12 years started a pool and enclosure build with him. Pool got finished mostly but now he won't do the enclosure and has been ignoring my calls for months without a response. I lost my job with with them after... Read more »

Linda Liang
Linda Liang answered on May 3, 2021

You can hire another company to finish the work and sue them in small claim court

2 Answers | Asked in Contracts, Estate Planning and Real Estate Law for Florida on
Q: about to close on a lot sellers from IL (jon doe sally sellers trust) they do not have copy of trust and cant close

title is asking to either see copy of trust for trust affidavit. sellers are from IL and lawyer that drew up trust in 2013 is retired and office doesnt have a copy. sellers names are written as john doe and sally sellers trust. the lot they are selling is in Florida. the seller told me he is the... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 1, 2021

Unfortunately there is nothing that you, the buyers, can do. This is a usual and customary requirement and it is the seller’s obligation to fulfill it in order to deliver marketable and insurance title to you. If they can’t, they will probably need to go to court (which would not involve you)... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Personal Injury, Business Law and Federal Crimes for Florida on
Q: Is my CPA at fault for our identity theft? She was hacked some months ago and should have cyber security in place.

The IRS would not accept our 2020 tax filing because one was already filed. Our 3rd Stimulus check was also stolen because our CPA was hacked. She later informed me of this and said some of her other client's data was also stolen and used. She should have adequate cyber security in place... Read more »

Linda Liang
Linda Liang answered on Apr 20, 2021

You said "She should have adequate cyber security in place". Do you have reasons to believe she does not and the fact that she does not caused the hack?

These are key findings to determine whether you have a cause of action based on negligence.

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1 Answer | Asked in Construction Law and Contracts for Florida on
Q: just signed a pool contract & gave 5k deposit nothing has gone to permit yet company revoked by bbb can i request refund

last night april 15 , 2021 i saw the news is investigating this pool company olympus pools for many complaints and unfinished projects. since we are not all the way in financially a down payment given on credit card for 5,000/ can i back out with the reason extremely leery, worried that they will... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 17, 2021

Request a performance bond.

1 Answer | Asked in Contracts for Florida on
Q: I am a college student writing a paper on tort and contract laws.

Hypothetically, a comm. tenant builds kennels and cages in a former storage area of the pet store w/o prior the landlord's knowledge and then complains that the a/c isn't cooling down the area properly (the once storage area). However, the landlord did discover the change midstream and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2021

This bizarre request for "legal" assistance by a college student--by another name could be called "cheating"--something that real lawyers would never do--at least not publicly. Go to the library and dig out what you think is an answer.

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