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Florida Contracts Questions & Answers
3 Answers | Asked in Contracts for Florida on
Q: Are non-compete agreements enforceable in an at-will or right-to-work state, specifically Florida?
Charles M.  Baron
Charles M. Baron answered on Oct 26, 2020

Yes. Of course, like any contract, there may (or may not) be defenses to a suit seeking to enforce it.

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1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Management company asking for 4% on sale of my house to current tenants.

I bough the house in 2007 with my ex. Being military we moved and both signed a contract with a property company. After a few years we got divorced. We did a deed in leu and the house is solely under my name. I've had the current tenants for years and I am planning to sell. I asked the... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Oct 22, 2020

Without seeing the contract it is not possible to answer your question. You should have an attorney to assist with the sale in any event, so have that attorney review the contract you have.

1 Answer | Asked in Contracts, Real Estate Law and Animal / Dog Law for Florida on
Q: I need legal advice pertaining to a rental property that my father owns.

Tenants of only two months have a dog that is a Pitbulll mix and the park supervisor is now, after initially agreeing to having the dog at the park, demanding my father make the tenants move out of said property. The park contract states that Pitbulls are not allowed, but the park supervisor... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 22, 2020

First of all, it does not matter whether this policy is "costing you father great tenants and a good source of income."

Secondly, whatever the park supervisor said is not relevant; nor is what they said controlling because whatever they said it is not in writing. The...
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1 Answer | Asked in Contracts for Florida on
Q: Can the seller of a home cancel signed contract by both parties after discovering buyer was a sex offender

Seller went online and looked up buyers after signing contract for sale of her home. Discovering buyer was convicted of a sex offense in 1994 seller no longer wants to honor contract. Does buyer have any legal recourse?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 20, 2020

No, I doubt that the seller can get away with trying to cancel the contract. What does the buyer's past have to do with whether the contract is enforceable?

1 Answer | Asked in Consumer Law, Contracts and Appeals / Appellate Law for Florida on
Q: Am I able to obtain a repossessed car that I use 100% of the time even though I am not on the title?

My father is the one who bought the car, he is now in Venezuela. I am living here in the US. We have the money that is due, however because I am not on the title or contract they will not allow me to pick up the car. My father has no way of being here to pick up the car himself. Is it a lost cause?

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Oct 8, 2020

Speak to the party holding the car about obtaining an affidavit from your father that gives you authority to retrieve the car for him. You can do this without consulate. Use instead a remote Virginia online Notary.

1 Answer | Asked in Business Formation, Business Law, Contracts and Government Contracts for Florida on
Q: I want to source hvac units and resell them to licensed installers locally. Am I able to sell them legally w/o license?

I would sell them to local small businesses that do ac repair and need hvac units for their customers. I do not have a license and wanted to know if I legally needed one to be able to buy and sell hvac in FL

Keith Kanouse
Keith Kanouse answered on Oct 7, 2020

I don't think you need a license from the Construction Industry Licensing Board but you would need an occupational license. You should also form an S corporation or LLC to protect you and have the manufacturer cover you under its product liability insurance..

3 Answers | Asked in Civil Litigation, Consumer Law, Contracts and Collections for Florida on
Q: Bank can’t repo lost (not stolen) vehicle.

My fiancé and I got a vehicle together (both co-buyers on the loan). We ended up not being able to make the payments and we’re going to voluntarily give it back to the bank. It was this big ordeal and the bank wasn’t letting me set up a time for someone to either come pick it up or for me to... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 6, 2020

Nothing goes away. You should inform the bank about this so that it can take any action it deems necessary for them to track down the vehicle and take possession of it. If the vehicle is repossessed, it will be sold at auction and the proceeds applied to your loan balance. However, there is no... Read more »

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Florida on
Q: How difficult and timely to get Declaratory Judgement on responsibility for a Florida LLC net lease contract?

I am a 50% owner non managing member of a Florida LLC that owns a single asset; commercial property . The managing member (MM) is a 50% owner who enjoys a Net Lease for his Florida Corporation to operate on the property. The LLC operating agreement and a lease contract state that the MM's... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 5, 2020

Difficult? Not at all.

Timely? Unknown. Covid-19 has slowed everything down; depends on the docket at the Broward County Circuit Court.

3 Answers | Asked in Contracts and Small Claims for Florida on
Q: While incarcerated a friend paid a retainer w/my check to the wrong lawyer who did nothing can I get that money back?

I was recently incarcerated due to a warrant for violating probation (reckless driving case) Unbeknownst to me, my friend retained the wrong attorney & paid him $2,500 with one of my checks. The only thing he did was file a Notice of discovery and lied about having a court date the night before... Read more »

Linda Liang
Linda Liang answered on Oct 2, 2020

I think you have right to get your money back because there is no engagement agreement and he did not do any work.

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1 Answer | Asked in Contracts, Criminal Law and Construction Law for Florida on
Q: How long do I have to return a customers deposit. I've had a stroke (cause for delay). Is it criminal?

Its been a few months and now the customer has threatened to involve police. Is there a procedure they have to follow that could protect me? I want to return their funds but they no longer respond to me. Not sure if i should Venmo or zelle back their funds.. Should I send their money to them,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 27, 2020

No, it's not criminal. Send them a check by certified mail.

1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: Do I have a case if I had to cancel my wedding contract location due to Covid-19 mandates and the owner will not refund

wedding location in safety harbor, florida was booked before covid-19. Contract states no refunds, but due to the pandemic and rules over 10 guest are not allowed in a vacation rental in pinellas county...... I was told I could use the credit within a year of scheduled event that would have taken... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Sep 25, 2020

The answer to this questions depends on what you want to do. On the one hand, if the contract clearly states that there would be no refunds in any circumstance, probably you cannot ask for a refund. However, if there is a force majeure clause or a similar clause making exception you could be able... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Foreclosure for Florida on
Q: Are you an attorney who has won foreclosure cases based on breaches of contract and fraud or know of someone who can .

My attorney has just notified me of his suspension and need to find new counsel. I have filed counterclaims and defenses with exhibits proving the new plaintiff is no a holder in due course. I have TILA violations, FDCPA violations , Breach of contrat including fraud in the inducement ,appriasal... Read more »

Sherri B. Simpson
Sherri B. Simpson answered on Sep 20, 2020

Although I handle those types of cases, I am not in Punta Gorda. Call Mark Dann at Dann Law 877-475-8100. If he cannot handle the case he should know someone who can. Or email mdann@dannlaw.com or intake at Dannlaw.com.

1 Answer | Asked in Contracts for Florida on
Q: How do I respond to cease and desist letter and demand for payment from contractor who damaged my home during project?

I contracted a company I found on Thumbtack.com to remodel shower. Owner stated he was insured, licensed. We agreed to $1400 remodel project, I purchased over $1300 in materials for him to do job. We paid 25% up front per contract. During work, he damaged our bathtub & vanity, front door... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2020

You have disputed the claim with Thumbtack, so there is no need for you to cease telling people about the unsatisfactory quality of the work. Thus there is no need to respond to the letter. If he files suit, and depending on the outcome of the dispute with Thumbtack, you can counterclaim for... Read more »

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: 3 yrs ago @ a motel paid full for month. wanted refund owner said no could only give 1 week money back. can I do anythin

He's known to have a severe drug problem the rooms were horrible I paid almost 2 thousand for the month and it was just odd he said I can't get my money back at all at firstly then said he could give me a weeks worth. It still bugs me to this- day the place is horrible and definitely not... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 15, 2020

Probably not. Do you really think a guy with a severe drug problem.who runs a roach motel is going to have 2 grand laying around? You should have consulted a.lawyer 3 years ago. Even so, if you think you have a case, you should consult a lawyer, but be prepared to be charged a hefty fee upfront if... Read more »

2 Answers | Asked in Contracts for Florida on
Q: Having my right shoulder replaced. This is my signature hand, any documents I sign with my left hand will not match
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 12, 2020

Yes, everything you say is correct; so what is your legal question?

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2 Answers | Asked in Contracts, Business Law and Collections for Florida on
Q: After years of a successful verbal partnership, what steps to take to ensure protection prior to confrontation on $ #s?

Have a verbal contract with years of recorded deposits proving the contract/agreement exists, some email evidence, but after realizing inaccuracies between their accountant's #s and my deposit #s vs our agreement, prior to confrontation or making them aware of suspicion, I need to consult an... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 10, 2020

Aside from your emails you must obtain as much information as possible regarding bank accounts and loans (bank statements, bank forms executed attesting to a partnership and the names of the individual partners, maybe even % of interest) , income tax records for past years, any contracts executed... Read more »

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1 Answer | Asked in Contracts for Florida on
Q: As internet is not a required service, like power, sewer, & water can I shut off internet if resident doesn't pay rent?
Charles M.  Baron
Charles M. Baron answered on Sep 9, 2020

There are a couple issues here. One is whether internet is a "utility service" under Fla. Statute Section 83.67(1) ("A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the... Read more »

1 Answer | Asked in Contracts and Criminal Law for Florida on
Q: Does it violate a FL statute (or case law) to tell someone you have a restraining order against them when you don't?

A person has had lots of fun for many years bragging about restraining orders they have against me when in truth, there is not and never was a restraining order.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 9, 2020

The only thing that comes to mind is defamation, which can give rise to a civil action against a defamer. So, assuming there is no restraining order against you (truth is an absolute defense), unless you can somehow prove that the disparaging comments (1) are false, and (2) are being relied upon by... Read more »

2 Answers | Asked in Contracts and Business Law for Florida on
Q: Does 607.0102 require participation by all owners or can the majority owner act on this?

There are multiple owners of a school and one of them from the beginning was a financial contributor but has since been inactive and is not staying in contact, after multiple attempts. The remaining owners are active in the operation of the business and in constant contact regarding business... Read more »

Keith Kanouse
Keith Kanouse answered on Sep 8, 2020

You could have a special meeting of the shareholders after written notice to all shareholders as provided in your bylaws or just prepare a written consent of your intended actions signed by the shareholders owning a majority of the issue and outstanding shares in accordance with Section 607.0704.

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Q: I have an organizing system that would complement box legend clothes organizer. I would like to sell the idea.

I would like to sell the idea to the patent owner of box legend clothes organizer.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 7, 2020

Congratulations on having a good idea. You may be able to make and sell this as an aftermarket enhancement for installed systems. That is one route and a route that does not require buy-in from the BoxLegend folks. You may wish to obtain a patent so that others do not make a similar product.... Read more »

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