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Florida Contracts Questions & Answers
1 Answer | Asked in Contracts and Land Use & Zoning for Florida on
Q: Is it normal to pay to break a lease a a month and a half before your move in date?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2020

No. However, many people are having to do that these days--because of the pandemic.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: On my lease I was required to provide a 60 day notice to vacate . I sent a 30 day notice. Is there anything I can do?

My lease end date is for July 5th. I sent a notice on June 5th as we were not sure if the Covid cases will continue to increase/ decrease before our move out date. I have moved out of the apartments last week. Is it possible to fight the system as I don't think I can manage 2 rent payments at... Read more »

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

No lawyer can solve a problem that has not happened. So if you are still planning to move on July 5, you will need to wait to see what the landlord is going to do after you move out An option would be to stay put, and then see what happens. That will make you a 30 day tenant not encumbered by any... Read more »

1 Answer | Asked in Contracts and Business Law for Florida on
Q: Fiverr won't release my funds because they say one client was not satisfied but they won't tell me who. Can I sue them?

Their customer support literally told me that they won't release the funds because one client was not satisfied but they won't tell me what client. Sounds like something very arbitrary and impossible to solve. What can I do? Should I sue fiverr? I also see a lot of other sellers in the... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 25, 2020

The only way to evaluate your potential claim is to have an attorney review your contract and discuss the facts in detail. If the contract was breached, then of course you would have some type of legal remedy. The procedure for making a claim, whether that be by lawsuit in court or by... Read more »

1 Answer | Asked in Contracts and Business Law for Florida on
Q: How much can I sue for is a small business promises a refund but it’s been two months and ive gotten more response?
Charles M.  Baron
Charles M. Baron answered on Jun 22, 2020

Depends on the agreement you had with that business that it apparently breached. Also, some agreements, particularly those entered on-line, have arbitration clauses prohibiting you from suing in court, instead requiring you to bring your claim to arbitration. You would need to have your attorney... Read more »

3 Answers | Asked in Contracts and Bankruptcy for Florida on
Q: What are my rights on a promissory note on a property I invested in

I invested in a property to which I have a promissory note and after the 6 months, I would be receiving my investments back plus the interest. The promissory notes specifically states the address of the property I have the note against. 5 months in to the agreement, the debtor sold the property and... Read more »

Sherri B. Simpson
Sherri B. Simpson answered on Jun 16, 2020

Basically you have an unsecured debt in bankruptcy but you may be able to be paid out of the proceeds of the sale. Was the property the homestead property of the person who sold? My advice is to immediately retain an attorney who understands real estate, contracts and bankruptcy law and have them... Read more »

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4 Answers | Asked in Contracts, Real Estate Law and Business Law for Florida on
Q: Is it legal to enforce a year office lease repetitively over 12 years?

Never been late a payment, assumed the agreement was month to month, never notified otherwise or paid any additional and never was given a new lease to sign. They said it is in the contract that it auto renews each year (12 years ago, who knows?). Is that legal for them to keep me in a contract... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 9, 2020

You must read your 12-year old lease to determine if it has an auto-renewal clause, which CANNOT legally say (in layman's terms), "This auto-renews whether you like it or not!" (If it were to have that, it would be unenforceable.) My guess is that it says that the lease auto-renews... Read more »

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1 Answer | Asked in Banking and Contracts for Florida on
Q: I rented a car during the coronavirus epidemic, I am a couple days over due and plan on paying my cost of the rental

Should I worry about being charged with grand theft?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 8, 2020

Lawyers cannot tell you what a rental car company is going to do under any set of facts. however, in general I will tell you that the quicker you return the rental car--to the same agency office where you rented it--and pay all the late fees and pay for the extra time you have been driving their... Read more »

2 Answers | Asked in Contracts for Florida on
Q: I bought a car from a guy in NC overt the internet. He quoted 100K miles and when it showed up, it had 163K. Can I sue?

The bill of sale that he sent to my lender said 116K miles. The "original" he sent me was changed to say 163K. What can I do?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 6, 2020

Sure you can. But the judge will probably laugh at you for being so foolish. And when you get a judgment, good luck collecting it.

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1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Florida on
Q: My glass top on stove cracked. Apt complex refuses to fix. Can I refuse rent? Can they evict in Florida now?

I don't have money to fix myself.

The stove won't work at all .

I need to cook for my kids.

I don't see in lease were im liable for this.

If I refuse rent can they evict me now?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 4, 2020

Probably not now--but they might when the Covid-19 virus lets up. Contact a lawyer who handles landlord & tenant cases and take them a copy of your lease.

2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Can I gift a vehicle to someone else if there is still a loan on it?

I obtained a car loan to purchase a vehicle through my bank. I am still paying off the loan. I have been letting my girlfriend use the vehicle and am now considering gifting the vehicle to her. Is this possible?

Charles M.  Baron
Charles M. Baron answered on Jun 4, 2020

If you happen to be in an arrangement whereby you take title to the vehicle after final payoff, though you may give permission to your g-f to use the vehicle, she cannot take title until you pay off the loan, obtain title, and then convey title to her. Alternatively, if she has decent credit, you... Read more »

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2 Answers | Asked in Contracts and Consumer Law for Florida on
Q: Can I get my 50k back from Online Trading Academy ?

i had about gave up untill i seen report of the FTC has brought suet actions for wrong doing. please point me in the right direction.

Charles M.  Baron
Charles M. Baron answered on Jun 4, 2020

You need to be more specific in your inquiry - WHY you seek a refund of your $50K. Did they take your money and give you absolutely nothing in return? Did they give anything at all in return? Did you demand your money back? If so, did they respond in any way? And what report did you see? I... Read more »

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1 Answer | Asked in Contracts, Employment Law and Arbitration / Mediation Law for Florida on
Q: Will I have legal problems if I signed an American Employment contract in another country (mexico) ?

I signed an Employment at-will contract, which was created under our American jurisdiction, but I had to sing it in an another country. The question is related with the uncertain problems that I could have in the future. There is contractual term which indicates that in the case of any dispute or... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2020

If and when the contract is ever raised in litigation (or arbitration), be sure to make your attorney aware of it. I don't know what the contract says, but "employment at will" is the law just about everywhere in the U.S. anyway.

1 Answer | Asked in Contracts for Florida on
Q: How to proceed with a Contract Breach

In Feb. 2019, through a Stock Purchase Agreement (SPA), I sold my internet golf business, an S corp in which I owned 100% of the stock for $160,000 to a buyer and owner of an internet LLC in which he owned 100% stock. Terms were $22,000 down and $1500 per month minimum until Dec. 31, 2020. A... Read more »

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

In order to proceed you must first follow the instructions that you posted in your question; I have re-posted it below:

"Should either party default upon its obligation to the agreement, the other party shall provide written notice by certified delivery of said default within 30 days...
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: New Rental looks nothing like original listing, there are some Extreme damages, what can I do?

We found the property during COVID-19 so we weren’t able to see it because of the quarantine the owner lives in New York and agent is nasty, home Has extreme damages gaping holes,running toilets, There is horrid smell that engulfs the entire area Come to find out it’s the laundry machine the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 1, 2020

Don't move in; ask for your deposit back. The owner is in breach of contract.

1 Answer | Asked in Civil Litigation, Contracts and Insurance Bad Faith for Florida on
Q: request the validity of a service agreement be deemed invalid due to lack of contract termsFull name of adjuster missing
Charles M.  Baron
Charles M. Baron answered on May 30, 2020

You seem to be sending this "inquiry" over and over again with different wording, yet you do not state what your goal is. Are you a party to the agreement, and if so, is other party breaching it? Are you seeking to get out of the agreement? Are you seeking your money back? Are you... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Insurance Bad Faith for Florida on
Q: Required terms on public adjusters contracts in Florida title 37 Insurance chapter 626 omitted full name of adjuster
Charles M.  Baron
Charles M. Baron answered on May 30, 2020

You did not ask a question. You need help to accomplish what?

1 Answer | Asked in Contracts, Divorce, Family Law and Domestic Violence for Florida on
Q: What should i do if my parents are gonna refuse to sign the emancipation contract?No consequences are faced if i runaway

Im 17 and for the past 5 months ive been receiving verbal and emotional abuse from my mom because im gay thats been messing up my mental and emotional state to the point that sometimes i just wish i wasnt alive and it keeps happening. A few weeks ago my mom jumped on me and choked me so i did call... Read more »

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

Regarding the "contract" you made with your mother, it's not a valid, enforceable contract (even had you signed a proper signature). Minors do not have the legal capacity to enter into contracts, and even if you were an adult, the contract would not be valid for other reasons.... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Insurance Bad Faith for Florida on
Q: public adjuster Terms of engagement violation affect on validity of service agreement? Florida statute 626.8796

adjuster solicitation via email no license no and name not same as licensed name

Terrence H Thorgaard
Terrence H Thorgaard answered on May 30, 2020

You might get an answer if you use sentences and ask a question.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Gaming for Florida on
Q: Can I sue a scam app???

If an app advertises winning real money, and they really don’t pay out to anybody, would that be a good reason to sue for false advertising. Especially if someone spent money on in game purchases and got nothing out of it?

Jonathan E. May
Jonathan E. May answered on May 28, 2020

It appears very likely that they were committing fraud and you were damaged by that fraud. I encourage you to sue them and report them to police authorities.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Work incorrect, unfinished

I gave contractor money for work that was completed incorrectly and will need to be redone, and money upfront for future work. Since he had never been back to my with several reasons and has only talked to me when I initiated contact. Because of this I told him to refund me and cease work. I told... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 20, 2020

There is no special way to settle any case. The non-disparagement clause is pretty much standard in all settlement agreements; and you are being foolish to risk not receiving your refund by insisting on your "right" to bad-mouth the other side on social media. Perhaps the other party will... Read more »

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