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Florida Contracts Questions & Answers
2 Answers | Asked in Divorce, Family Law and Contracts for Florida on
Q: Ex-wife did not file QDRO for pension. What action needed?

My ex-wife was responsible for filing a QDRO with the Florida Retirement System for her share of my pension, as specified in our divorce finalized on April 29, 2004. Despite reminding her in October 2024, she has yet to file it. I'm unsure if there was a deadline for this task. There have been... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 9, 2025

If the court order is clear that it is her obligation to prepare the QDRO then you do not have to do anything. Your only obligation is to cooperate if and when she contacts you. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Florida on
Q: Can creditors place a lien on my Florida house for my wife's debt?

Can credit card companies place a lien on my house in Florida because of my wife's credit card debt, given that the house loan was solely in my name but her name is on the title?

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 8, 2025

The Florida Constitution protects your Homestead and therefore they cannot force sell your Homestead for credit card and or other types of judgments that do not directly relate to the Homestead property (Mortgage, taxes, home improvements, etc.) .What they will do is get a blanket judgment on all... View More

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3 Answers | Asked in Banking, Consumer Law and Contracts for Florida on
Q: Can I sue a Miami car dealership and bank for fraud related to a car purchase?

I would like to know if I can sue a bank and a car dealership for fraud. My wife and I purchased a used car at a dealership in Miami, FL on February 15, 2025, and encountered several issues: my last name was spelled incorrectly on the documents; the down payment was recorded as $4,200, despite us... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 3, 2025

You should take your documents to a lawyer right away. We do not have any way of reviewing your purchase agreement and contracts in this forum.

Most used car sales are "as is" and it's up to the buyer to have the car inspected prior to purchase irrespective of what the...
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3 Answers | Asked in Copyright, Contracts and Intellectual Property for Florida on
Q: How can I self-publish a book previously serialized in a magazine?

About 30 years ago, I wrote a book that was serialized in a bi-monthly magazine over six installments in one year. The magazine is still being published, and there was no formal contract—only a handshake agreement for $500 per installment. I was credited as the author and contributing editor. I... View More

Sean Goodwin
Sean Goodwin
answered on Apr 2, 2025

I would double-check with the magazine to see if there is a contract on file even if you remember a verbal/handshake agreement. If there is a written agreement, please reach out to an experienced intellectual property attorney to review it in detail. There is something called a... View More

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2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: Financed car issues with dealer and finance company in Florida

I financed my first car and signed the contract on March 4th. The dealer lied and left out important information. Initially, I was told the car was $4,000, but then the dealer said it was $6,000, leading me to finance the car since I only had $5,000. I paid a $3,000 down payment, but the contract... View More

Dominique Young
Dominique Young
answered on Mar 26, 2025

The court is going to look to the terms of the contract first. Whatever you signed on the contract is what the court will start with first in determining what is to be paid and to whom. Anything that you agreed to prior to the signing of the contract, that is not written in the contract, is not... View More

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2 Answers | Asked in Consumer Law, Civil Litigation and Contracts for Florida on
Q: Purchased car advertised as clean title, found salvage with misfiring engine.

I purchased a 1999 Porsche 986 a couple of months ago from a seller who recently moved to Florida from Kansas. He advertised the vehicle as having a clean title and a perfectly running engine. However, I later discovered the title is salvage and the engine started misfiring the night I brought the... View More

Erik A. Perez
Erik A. Perez
answered on Mar 25, 2025

Was there a contract signed related to the transaction or at the very least an email reflecting those terms? If not, you may still have a viable claim against the seller, but it will ultimately be a he said/ she said situation and likely no ability to recover attorneys fees. It may not be a lawsuit... View More

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3 Answers | Asked in Business Law, Contracts and Civil Litigation for Florida on
Q: Can I claim damages for a former employee selling for competitor while employed?

I had a Project Manager/Sales Rep who resigned in December. We have evidence that they accepted a position with a competitor back in August and were promoting and selling our competitor's products to our current customers while still employed by us, receiving benefits and having expenses paid... View More

Erik A. Perez
Erik A. Perez
answered on Mar 17, 2025

You may have a claim for damages under a theory of tortious business interference. To establish a claim for tortious interference with a business relationship in Florida, a plaintiff must demonstrate the existence of a business relationship, the defendant's knowledge of that relationship,... View More

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2 Answers | Asked in Consumer Law, Contracts and Real Estate Law for Florida on
Q: Can I sue for unresolved flooring defects under warranty in FL?

In October 2024, I notified the company of a defective section of flooring in my house under warranty. The warranty covers repairs and replacements for one year. Despite numerous telephone conversations—eight in total, with the last on March 4, 2025, when the manager assured me that repair work... View More

Erik A. Perez
Erik A. Perez
answered on Mar 17, 2025

You may pursue a claim for construction defects and other causes of action that may apply. However, you must first comply with the pre-suit process under the statute which requires that a notice and opportunity to repair be provided to the contractor. Chapter 558 specifies "the notice of claim... View More

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2 Answers | Asked in Construction Law, Arbitration / Mediation Law and Contracts for Florida on
Q: Advice needed on contractor breach and arbitration in a fixed-price renovation contract in Florida.

I have a fixed-price construction contract in Florida for a $78K renovation. We signed it several months ago, and permits were just obtained three weeks ago. Now, the contractor demands an additional $22K due to increased subcontractor costs and refuses to proceed unless I agree, despite the... View More

Erik A. Perez
Erik A. Perez
answered on Mar 13, 2025

1. Does the contractor’s refusal to proceed at the fixed price constitute a material breach under Florida law? It may, as you mentioned the price is fixed. However, the contract may contain exclusions or exceptions. The terms of the contract would have to be reviewed.

2. What...
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1 Answer | Asked in Collections, Contracts and Real Estate Law for Florida on
Q: Can a debt be settled by signing over a cashier's check?

I'm owed $30,000 by a friend, and she wants to sign over a cashier's check for the same amount to me, which she received from selling land. There is no contract between us regarding the debt. Can this be done legally, and are there any potential issues I should be aware of? No one else is... View More

Erik A. Perez
Erik A. Perez
answered on Mar 10, 2025

To be safe, I would recommend having a settlement agreement prepared and signed by the parties. Simply signing over the check leaves the situation open to ambiguity and interpretation. It is highly advisable to have a proper settlement agreement prepared, reviewed, and signed by the parties... View More

3 Answers | Asked in Appeals / Appellate Law, White Collar Crime and Contracts for Florida on
Q: Can forgery lead to case dismissal or affect a retrial in Florida?

I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More

Erik A. Perez
Erik A. Perez
answered on Mar 10, 2025

It may, Florida Rule of Civil Procedure 1.530 allows for a new trial based on newly discovered evidence if it was discovered after the trial and could not have been discovered before the trial by the exercise of due diligence. However, you need to move quickly. The time limit for filing a motion... View More

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3 Answers | Asked in Appeals / Appellate Law, White Collar Crime and Contracts for Florida on
Q: Can forgery lead to case dismissal or affect a retrial in Florida?

I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 10, 2025

Your inquiry is a bit vague because you say that DESPITE the forgery, the court decision was against you, then say you have new evidence, not indicating whether that evidence is connected to proving the forgery, beyond the proof of the forgery you already presented. In any event, your first issue... View More

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3 Answers | Asked in Appeals / Appellate Law, White Collar Crime and Contracts for Florida on
Q: Can forgery lead to case dismissal or affect a retrial in Florida?

I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 10, 2025

To add to my prior answer to this inquiry, I just noticed that you put "white collar crime" as one of your inquiry categories, but I had assumed you were talking about a civil case, not criminal - and I see that another lawyer assumed that as well. Everything I stated in my prior answer... View More

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1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: Actions for incomplete cleaning job in Florida without contract.

I hired someone to clean my house in Florida without a formal contract. They did not finish cleaning the walls and kitchen, and I paid them $150. We agreed verbally that the work would be completed in one day. I have reached out to them for a response regarding completing the work or providing a... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 8, 2025

You did have a contract - a verbal one. You indicated that the cleaner did a portion of the job, leaving another portion not done. You have the right to claim at least a partial refund based on the approximate percentage of the work that was not done. If refused, you could sue in small claims... View More

1 Answer | Asked in Contracts and Small Claims for Florida on
Q: Is trading merchandise without approval a breach of contract?

I have a contract through DocuSign with someone I invested $7,000 with in December 2023 for a consignment agreement that included a 50/50 profit split. Instead of selling the merchandise, this person traded it without my approval, potentially breaching the contract. I have repeatedly contacted him... View More

Erik A. Perez
Erik A. Perez
answered on Mar 7, 2025

Potentially yes to both. It depends on the terms of the contract. If there is a specific action he was supposed to take or not take under the terms of the contract it could be a material breach and he may be liable for the damages you have suffered as a result of the action. Small claims includes... View More

3 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Amendment of complaint in civil suit and agreement with opposing attorney

I am representing myself pro se in a civil suit in which I was granted permission by the court to amend my complaint once, without prejudice. I filed the amended complaint with changes, including removing certain content and adding more evidence as per the opposing attorney's requests.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 6, 2025

You should seek permission from the court to file a second amended complaint. No, you should absolutely not include a statement as you suggest. You are responsible for drafting a complaint that survives a motion to dismiss. You must allege the ultimate facts, or elements, that comprise a good cause... View More

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3 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Amendment of complaint in civil suit and agreement with opposing attorney

I am representing myself pro se in a civil suit in which I was granted permission by the court to amend my complaint once, without prejudice. I filed the amended complaint with changes, including removing certain content and adding more evidence as per the opposing attorney's requests.... View More

Erik A. Perez
Erik A. Perez
answered on Mar 6, 2025

You can amend once as a matter of right under Florida Rule 1.190, however, you may seek leave to amend from the court which is freely given under most circumstances. Thus, there is technically no limit to the amount of times you may amend. I would not worry if it is only the 2nd time. I've... View More

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3 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Amendment of complaint in civil suit and agreement with opposing attorney

I am representing myself pro se in a civil suit in which I was granted permission by the court to amend my complaint once, without prejudice. I filed the amended complaint with changes, including removing certain content and adding more evidence as per the opposing attorney's requests.... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 6, 2025

Generally, the courts will allow more than one amendment but you need the court's permission to amend. You cannot just file another amended complaint.

This website is for general questions and answers and we cannot advise you how to litigate because we do not know your case and cannot...
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1 Answer | Asked in Contracts, Business Law and Civil Litigation for Florida on
Q: Options to sue for breach of contract in Florida for undelivered online business results

I entered into a contract with an individual in Florida through a LLC for an online business, with the promise to deliver results—including making my investment back—in 2022 and 2023. Despite paying in excess of $10,000, these results were never met. I have consistently communicated with them... View More

Erik A. Perez
Erik A. Perez
answered on Mar 5, 2025

If the company is a Florida LLC and there is no dispute resolution clause or forum selection clause, then you may sue in Florida County Court (over $8k but under $50k in damages). I have represented clients in similar situations and the Defendant is often a "fly by night" coaching course... View More

1 Answer | Asked in Divorce, Family Law and Contracts for Florida on
Q: Can I terminate alimony if ex-spouse is working full-time?

I was divorced by mutual agreement in October 2023 and agreed to pay alimony for three years. I am also responsible for all marital debt since I signed all the loans, including a $10,000 consolidation loan, resulting in an extra $150 monthly payment. The alimony agreement doesn't specify... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 3, 2025

Generally speaking, alimony os modifiable unless your agreement says otherwise. Yes, you can file a modification without an attorney. You need to compare the income numbers that were used to calculate the original alimony award versus what the income numbers are now to see if you have a valid... View More

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