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 »
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 »
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 »
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
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?
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 »
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
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
You have a cause of action for breach of contract. You can start with a demand letter and hope to get into a negotiation.
done without flying in to PR ?
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 »
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 »
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 »
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 »
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.
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.
The only way an attorney can give you an opinion on this issue is by reading the contract. Therefore, schedule a consultation.
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 »
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 »
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
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 »
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 »
You can hire another company to finish the work and sue them in small claim court
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 »
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 »
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 »
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.
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 »
Request a performance bond.
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 »
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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