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Florida Contracts Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Real Estate Law for Florida on
Q: Can a plat map be used as a road disclosure in closing documents, even though there is a abutting road disclosure

At closing we were not told about the retention pond and the private road. There was a abutting road disclosure. Nothing else. There was a line about you must join the HOA and follow the CCR. The CCR’s were not given prior to closing. Hidden in there was a line about the HOA being responsible for... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 16, 2021

This is why it is so important to have your own real estate lawyer represent you in a transaction. You will now need one to review your closing documents, the HOA documents, your survey of your property and the neighborhood plat, which often attached to the HOA documents but not always. The HOA... Read more »

1 Answer | Asked in Contracts for Florida on
Q: Am I legally bound to use a roofing company that got money for our hurricane loss through a public adjuster?

I signed a Restoration/Construction Services Proposal for them to come in and assess the interior damages and was told this obligated me in no way. They have not shown up for 3 appointments to give me roofing samples, yet they say they will sue if we don’t go with them.

Linda Liang
Linda Liang answered on Sep 13, 2021

If the proposal did not turn into a contract in anyway, you owe them no duty to perform, i.e, to hire them. Anyway, you need to read the proposal carefully or hire an attorney to review it to know for sure what your obligation is.

2 Answers | Asked in Contracts, Government Contracts, Personal Injury and Workers' Compensation for Florida on
Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »

Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on Sep 10, 2021

There are not enough important details in your question to be able to get give you a good answer. For example, who owned the garbage truck? Who was driving the garbage truck? Where did this happen? You may actually have both a personal injury claim and a workers compensation claim. You should... Read more »

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2 Answers | Asked in Civil Litigation, Contracts and Consumer Law for Florida on
Q: Hello, I signed a document through Docusign and was expecting a certificate of completion that makes the contract

legally binding. When I did not receive a copy, I requested through the sender to provide the cert. They were unable to and couldn't find it. When I contacted Docusign to receive a copy, they informed me the contract was voided and that there was never a cert to provide. Even though I signed,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 8, 2021

It the other party to the contract (the "sender", as I understand you) says that they don't have it, get that in writing. If they later find it, with your signature, get a copy of that. I'm not sure how Docusign can decide the contract is "voided", if they are not a party to the contract.

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2 Answers | Asked in Business Law, Civil Litigation and Contracts for Florida on
Q: My Partner is threatening me to press charges against me for taking money from business account.

I have been working full time on this business.

Keith Kanouse
Keith Kanouse answered on Sep 6, 2021

Do you have a written agreement with your partner such as a Shareholders' Agreement, Operating Agreement or Employment Agreement? If not, you need to reach some understanding with your partner that you can't work for nothing?

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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Hello, I signed up for solar and they said my bills would be zero or a few dollars in the summer. I am paying $180 in

Power and $127 in a loan. The company said the solar system I use will absorb most of my energy use but I am now told through the power company it is not large enough to sustain my needs. They also didn't use a years worth of energy consumption of my residence since I haven't lived a year... Read more »

Linda Liang
Linda Liang answered on Sep 6, 2021

It seems like there is a breach of contract. You should discuss with an attorney about the terms of the contract and make your demand as a starter.

1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: Can I break my lease without paying anything? Does this constitute as inhabitable?

I moved on the 20th of this month. I paid a full months rent. When I moved in the place smelt like cigarettes, the flooring wasn’t don’t properly. There is a gap between the flooring and the walls in all the bedrooms and living room. The furniture provided was scratched and damaged. The second... Read more »

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

Very few rental properties are perfect. When you moved in you should have inspected the place; if you didn't you are probably responsible for the rent payments for the duration of the lease.

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: I made a deposit for a granite countertop but the company can’t install one with no seam as originally agreed on.

Since they can’t complete the order, aren’t they obligated to make the refund of the deposit?

Linda Liang
Linda Liang answered on Sep 3, 2021

If they cannot perform the contract, they need to pay or refund the partial amount sufficient for you to hire other person to finish the job.

1 Answer | Asked in Contracts and Child Custody for Florida on
Q: How does the guardian contest the signature ?

If the ward signed a document that was not in the best interests of the ward or the wards dependents after. designating the guardian and the Guardianship has been exercised.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 30, 2021

If the guardian was appointed by a Florida court the guardian needs to ask this question to the judge.

2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Florida on
Q: My landlord gave me a 30 day notice saying he wasn’t going to extend my lease what can I do?

We’ve been staying in the house for 5+ years and they’ve decided that they are going to sell the house, we received a notice that the lease wouldn’t be renewed and only gave us 30 days to come up with money and somewhere new to live. I have no money saved up to move as I didn’t know we... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 24, 2021

If you are on a month to month lease, the LL is only required to give you 15 days notice. He gave you 30. You have no right to remain in the house after the lease expires. None. It doesn't matter if you've lived there 5 years or 5 days; you have to go. If you stay past the end of the... Read more »

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1 Answer | Asked in Contracts and Criminal Law for Florida on
Q: I live in Fl and had a contract to purchase a vehicle in Ca. Seller agreed to deliver vehicle. I sent him a deposit.

Now his number is disconnected and he’s not responding to my messages. How do I press charges and where do I start?

Lee Charles Viacava
Lee Charles Viacava answered on Aug 23, 2021

Contact the police department in California where the contract said the vehicle was located/being transported from.

1 Answer | Asked in Contracts for Florida on
Q: watch lost/stolen , could be applicable the "unfaithful trustee"/or other to recover the market price? myus.com CIA

the myus.com company does not offer a REAL security warehouse for a RELIABLE storage of our goods. The contract rules ONLY about the lost case. All circumstances indicates that watch was stolen. This company has a fragile security system and it takes advantage of this to pay ONLY the basic... Read more »

Linda Liang
Linda Liang answered on Aug 20, 2021

Time to send demand letter. Ask a lawyer to review your contract and send a letter.

2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Florida on
Q: I lied to someone about a contract that does not exist and I signed a lease that has been voided but was a lie can I go
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 18, 2021

If you are asking whether you can go to jail "for lying to someone" or for "signing a lease that has been voided" the answer is no.

But you certainly can get into other kinds of big trouble for lying about fraudulent contracts and fraudulent leases.

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1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: Can I go to jail for living to someone about a contract that does not exist

I lied about a contract that does not exist and keep the lie going for over a year I told the lady the truth question is am I going to jail there is nothing with her name on it

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 18, 2021

That question is impossible to answer in an online forum. It depends on what the contract was about and if the "lady" was harmed in any way by your deception.

2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Florida on
Q: Does a HOI company in FL have any liability if they agree to insure and then cancel policy after home purchase?

I bought a home with an old roof in May 2021. I had only one option for HOI as a result. The company was provided a copy of the 4 point inspection and agreed to issue the policy. I was buying the property with the intention of doing some renovations in the next year or two, but didn't have the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 13, 2021

What are they saying is the reason they are cancelling; did you give them false information of any sort?

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1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Municipal Law for Florida on
Q: I signed a lease renewal now they've email me saying its a error with the price being lower then they mention i Orlando

I signed a lease renewal also sent a updated renters insurance and now they're emailing saying that they made a error that rent will be 600 more then expect but they will take off 200 and a free carpet clean I'm only 26 stay sodo downtown Orlando i never had this happen and don't... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 10, 2021

It appears that they may not be able to enforce their demand for $600 more. You signed the lease and, apparently they received it so I would argue that they are stuck with you.

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida on
Q: Party needs to cancel its own MTD hearing does a notice to cancel need to be filed or is it better to withdraw motion?

If a moving party files a Motion and can not show for hearing what is proper procedure? Notice of cancellation with reasons or Withdraw the Motion itself? Is Motion basically withdrawn with a Notice to cancel anyway?

Timothy Denison
Timothy Denison answered on Aug 10, 2021

Either way Wil be fine.

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2 Answers | Asked in Contracts for Florida on
Q: Howdy... How can I place a lien on a boat title in Florida?

I sold my vessel to a guy. He broke our contract owing me $5200. He put down $400, but never made another payment. I've got everything signed. He owes $5200.

What steps shall I take to get the vessel or my money?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 8, 2021

You would sue the guy, and get a judgment. You might be able to obtain a writ of execution to allow you to seize and sell the boat. Or, with such a writ, you might be able to seize and sell other property belonging to him, check with an attorney.

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: We have a business lease which states repairs will be tenant responsible.. but what if things weren’t work before signed

We had 4 fixtures that didn’t work before we signed .. now one blew out and sparked and owner says we have to replace all.. other units had led put in prior but not our unit.. I don’t think we should have to pay for fixtures and man lift to replace when we haven’t really been able to use... Read more »

Linda Liang
Linda Liang answered on Aug 6, 2021

You are right. Your obligation is to maintain the status quo. If you keep a good walk-in record, you should point that out to the landlord.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Landlord - Tenant for Florida on
Q: Can a person sale you a truck then 3eeeks later almost a month text you and say . Since we only had a verbal agreement.

Will the text messages from husband wife. And supposedly there lawyer. That never reveal the firm. And threatened me. Morning Paula. We have decided not to sell the truck. We are moving to the country and will need it on the farm. The 90.00 you gave me I used to pay the insurance. What ever you... Read more »

Linda Liang
Linda Liang answered on Aug 4, 2021

Your question seems to be whether verbal agreement is enforceable. Any sale of goods over $500 should be in writing in order to be enforceable unless there was partial performance, i.e, you paid for or it was delivered. So you should take a step back and see if you or they have done something... Read more »

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