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Florida Contracts Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts and Elder Law for Florida on
Q: If a sonis trying to take all the money from his mother, who was recently widowed, and the son and her were buying a hom

The house was only titled in his name without authorization. Is there any repercussions that the mother has to get her money back

Charles M.  Baron
Charles M. Baron
answered on Jan 29, 2023

Mother needs to consult a lawyer who handles real estate litigation in her area to see if she has grounds for legal action, such as a lawsuit to quiet title.

1 Answer | Asked in Contracts for Florida on
Q: Florida Employer seeking repayment for school tuition paid to employee with no signed contract or agreement

I have been employed with this employer for 8 years, and recently went back to school and graduated within that time period, which my employer paid for. There was verbal discussions about repayment with nothing specific ever discussed or agreed to verbally and no contracts were drafted or signed.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

It is doubtful that your employer would be able to recover, should it sue you. You might want to ask if they have anything in writing.

2 Answers | Asked in Contracts, Civil Rights and Real Estate Law for Florida on
Q: What is the statue of limiting on small claims in Florida,Lee County

1. Via violations of my civil rights by not following state statue 720.350 by golf club masters board and attorney advising them to do so.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 24, 2023

Probably four years. See Florida Statute 95.11(3)(f). But you have cited the wrong statute; there is no Florida Statute 720.350. You really need to consult with an attorney for this.

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2 Answers | Asked in Contracts, Civil Rights and Real Estate Law for Florida on
Q: What is the statue of limiting on small claims in Florida,Lee County

1. Via violations of my civil rights by not following state statue 720.350 by golf club masters board and attorney advising them to do so.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 24, 2023

Do you mean Fla. Stat. 720.305? There is no 720.350. The statute of limitations on a claim against a homeowners association for breach of contract is five years. There is not enough information to determine if your civil rights have been violated because you can waive your civil rights by... Read more »

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1 Answer | Asked in Contracts for Florida on
Q: Client asks for a refund even though contract says no refunds

A private personal training client wants a refund on their contract for something I have no control over. They are not interested in a virtual training option and when asked for feedback, they had no complaints about me/my programs/my guidance that I’d already given them. They asked for a refund... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 23, 2023

Generally, if there's a no-refund contract clause, and the provider has provided contracted-for services (clearly spelled out in the contract), the no-refund clause would probably hold up in court if the provider is sued - IF the provider has not engaged in deceptive or fraudulent conduct... Read more »

1 Answer | Asked in Contracts for Florida on
Q: Can a contract be enforced without both parties signature
Phillip William Gunthert
Phillip William Gunthert
answered on Jan 19, 2023

Generally yes, it depends on what it was and what the circumstances were but generally yes, see below;

A verbal agreement can be legally binding in Florida if all the elements of a contract are in place and it can be proven that there is, in fact, an oral agreement binding one party to...
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1 Answer | Asked in Contracts and Employment Law for Florida on
Q: I am a 1099 contractor a company I subcontracted for is now trying to sue me.

A company I worked with has filed a lawsuit against me saying I owe them 50,000 dollars, as well as asking for alot of other information. I don’t have any money how do I get help with this?

Charles M.  Baron
Charles M. Baron
answered on Jan 16, 2023

Are you an individual contractor, or you have a corporate or LLC entity? If you have an entity that is officially the contractor, you are required to have an attorney represent the entity in any court above small claims court, and if you don't have an attorney, the plaintiff will quickly... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: does the law in FL about a 72hr cooling off period for contract cancellation apply to apartment leases?

If the lease has been signed and approved by the property, could this law be cited by the tenant to cancel the lease?

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 29, 2022

No. That law doesn't apply in most contract situations, leases for property being one.

1 Answer | Asked in Education Law, Contracts, Criminal Law and Personal Injury for Florida on
Q: Was hit in high school by driver I walking n park lot. 1992 I was 15 yrs old. My parents sued but wrote letter to Judge

And became trustees of my settlement. I lost my right foot it was screwed and bolted on and I had 4 back surgery since then. I never got a penny. My dad has property and Maks $ of me now while I'm on SSD AND FOOD STAMPS. WHAT CAN I DO

Charles M.  Baron
Charles M. Baron
answered on Dec 26, 2022

Because you were a minor at the time, someone(s) had to be trustee(s) until you would turn 18, unless some other legal arrangement was made for them to be trustees until a later age. In the meantime, the trustees had the duty to spend the money for your benefit, so the first issue is: did they do... Read more »

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: We gave a deposit to a pool contractor in April, still "working on permits", do I have any rights here to get money back

Signed contract in April, gave 25% deposit, nothing has yet to be done, they have failed 2 categories of permit application, and still no real updates as to when they will get approval and be able to start? At what point do I have rights here to cancel and get my money back? Or will this forever... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2022

To obtain a reliable opinion, you must schedule a consultation with an attorney who will review the contract.

The problem that you write about, a contractor dragging its feet, is very common. Generally, a contractor's failure to meet a predicted project completion date is not...
Read more »

2 Answers | Asked in Contracts and Business Law for Florida on
Q: what is it called when the seller of a company works with the purchasers manager to take back the company?

I purchased a taxi dispatch service in April 2022 for $8000 down and $3000 a month until $80,000 is paid in full. The manager of my company started working with the seller to underhandedly take back the company. THe manager quit on Dec 1 and text all my clients offering lower rates. He then... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2022

The way you describe the facts, I'd call it a crime, which should be reported to the police (plus you'd have various civil causes of action, meaning grounds for a lawsuit). However, if you got into some kind of dispute with the seller and/or manager, they might have a completely different... Read more »

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1 Answer | Asked in Business Law, Contracts and Small Claims for Florida on
Q: How can I file with small claims in Puerto Rico? I live in Florida. (and is it worth it?)

A graphics design client is refusing to pay after receiving and utilizing goods. Invoices have been sent, due dates have passed, attempts at communicating are met with hostility. Total is $500, prior to waiving $200 worth of additional project fees in an effort to encourage payment.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 13, 2022

Assuming Puerto Rico has some sort of small claims procedure, you could contact an attorney there for the purpose of suing the client in Puerto Rico. Or, depending on circumstances, you might be able to sue in Florida.

1 Answer | Asked in Contracts for Florida on
Q: My son and his girlfriend signed a lease agreement(apartment) for 1 year. The girlfriend moved out and has not paid rent

They have 7 more months before the lease is expired. Is there something we can do to make her responsible for her part of the rebt

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 13, 2022

Your son could sue her for her portion of the rent.

2 Answers | Asked in Contracts and Civil Litigation for Florida on
Q: Do I have to respond to Defendant's Affirmative Defenses and move to judgement against me, plaintiff?

This is a Civil Circuit case in Florida.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 5, 2022

If you don't want your case to get confused by the affirmative defenses, and you don't want to have to deal with them if you go to trial, you can move to strike them. I'm not sure what you mean by "Do I have to ... move to judgment against me ...". For further... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: If a realtor says a home does not need flood insurance, but actually does after signing a contract, can we get out of it

Place is in Florida, both realtor and seller said flood insurance is not required, bank said it is in a flood zone, now way more money is needed for evaluation of property, realtor says we cannot get out of contract, what can be done

Jane Kim
Jane Kim PRO label
answered on Dec 3, 2022

Florida does not have flood disclosure laws. Therefore, it depends what your real estate contract says and what the Seller’s Property Disclosure Form says. It covers a variety of property conditions and risks, including: structures, appliances, termites, water intrusion, flooding drainage,... Read more »

1 Answer | Asked in Personal Injury and Contracts for Florida on
Q: Could we sue Lowes for leaving live copper wire exposed above the stove in our kitchen after removing the kitchen hood?
Charles M.  Baron
Charles M. Baron
answered on Nov 22, 2022

You mean leaving it exposed, but with no one being injured by electric shock? If so, this isn't a personal injury question, but rather a breach of contract question. If someone WAS injured, clarify and re-post your inquiry. If this is simply a breach of contract due to incorrect... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I've been buying a house from an individual or contract is listed at the courthouse she's refusing payments

She returns by payment for the last 2 months she will not communicate with me she's telling me to get out of the house she wants to move back in it I've spent three years fixing up this house it didn't have Plumbing floors anything when I bought it now that I put thousands in it she... Read more »

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Nov 15, 2022

You absolutely need an attorney to handle this for you. The contract and real estate law issues you are dealing with are fairly complicated. There is unfortunately no way to give you a direct answer or guide you through the process through here due to the issues involved. You should at least set up... Read more »

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can I break my son's college lease due to recent psychiatric issues he is undergoing which requires a medical withdrawal

The apartment complex does not allow one to break the lease.

Charles M.  Baron
Charles M. Baron
answered on Nov 9, 2022

Sorry to hear about your son's ordeal. I assume your son is on the lease, not you, unless you also signed as a guarantor. Whomever signed the lease, it cannot be unilaterally terminated unless the terms of the lease permit it due to situation you are talking about, and I'd be surprised... Read more »

1 Answer | Asked in Business Law and Contracts for Florida on
Q: Can a contractee void a contract (and not pay) after work is performed because I refuse to comply with "due dilligence"?

I recently performed service work for a company. The contract can be voided at any time by any party. There was no requirement to provide previous proof of work. They performed KYC and I passed without any issue.

I completed my contractually required work. Just as I was finishing, the... Read more »

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Nov 9, 2022

It sounds like you may very well have a valid cause of action for breach of contract, unjust enrichment and/or quantum meruit. You are most likely owed the value of the work you performed. You should set up a consultation with an attorney who handles breach of contract disputes, present the... Read more »

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: I need to help in canceling Pool Contract after 72hrs expire

I hired a pool contractor in Miami to build a pool and gave 20% down ($10K). In the permitting process, it was discovered that previous owners had enclosed the garage without a permit. The pool permit was rejected. The city of Miami's process to get this fixed takes over two years. I informed... Read more »

Linda Liang
Linda Liang
answered on Nov 9, 2022

This clause does not apply here. This clause reads IF OWNER FAILS OR REFUSES TO PERMIT DELIVERY OF MATERIALS .... INTERRUPTS OR INTERFERES WITH CONTRACTOR ......CONTRACTOR WILL BE DUE A SUM EQUAL TO 25% OF TOTAL CONTRACT PRICE". You did not fail to do anything or refuse to do anything. You are... Read more »

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