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Florida Contracts Questions & Answers
1 Answer | Asked in Contracts for Florida on
Q: I purchased a puppy in July. I financed part of the cost with American Financial at 169.88%. Is this legal?

The loan is over 4 years. The amount financed was just under $3,500. The actual name of the company is American First Finance out of Dallas, Texas.

Charles M.  Baron
Charles M. Baron
answered on Oct 19, 2022

If the APR (annual percentage rate) is 169.88%, that would be illegal, but I am guessing that the 169.88% figure you gave is not the APR. Do you mean the total you would pay in principal and interest ends up being 169.88% of $3,500? If so, the APR would be slightly under 29%. You can calculate... Read more »

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: We have a contract to have a house built. What recourse do we have if the contract is not fulfilled?

Signed a contract May 7/2020. To date nothing has been done and the builder is not answering questions.

Real estate attorney

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Oct 19, 2022

Hello. It is really going to depend on the exact wording of the contract, specifically as to dates and time for completion. You should set up a free consultation with a contract attorney, have them go over the wording of the contract, and tell you what your options are. My firm provides such... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Does a negotiated and agreed move out date between tenant and landlord void the initial lease?
Charles M.  Baron
Charles M. Baron
answered on Oct 19, 2022

Generally, the lease isn't voided, it's modified - IF the modification is in a signed writing, and to be safe, it would be good to have it witnessed.

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Find out if a very restrictive addendum that is referenced in the lease is binding, since the landlord didn't sign it

I am in City of Miami (Miami-Dade), FL, renting one unit in a duplex home & have had issues with my landlord and he's not willing to let me out of the lease without paying an early termination fee or liquidated damages, I'm willing to provide 60 days notice and he's likely to get... Read more »

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Oct 18, 2022

Hello! It is difficult to give a good answer to your question without reviewing the lease and addendum. You should consult with a landlord tenant attorney in Miami. The attorney will need to review the exact wording of the lease and addendum agreements in order to give you advise as to your options.

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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: I need to know what type of lawyer to hire for my situation.

I have a dispute with a builder over a $28,000 pole barn. He did not meet the specifications in the contract. I had them cease construction and withheld final payment. I don't know what type of lawyer I need or how I go about finding one. Any help or information is greatly appreciated. I... Read more »

Charles M.  Baron
Charles M. Baron
answered on Oct 17, 2022

Consult a lawyer in your area who handles construction or contract disputes. You can try the the Justia Find-a-Lawyer tab or contact the Florida Bar Lawyer Referral Service.

1 Answer | Asked in Landlord - Tenant and Contracts for Florida on
Q: If you are renting a storage unit and the units are broken in but the storage facilities gate code and gates are not ope

Operational can you sue the storage facility for not providing security to the premises as part of their advertisement Numerous units broken in and locks were all purchased through the storage facility. Location Orlando, FL and renters insurance only covers $1000

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 14, 2022

An advertisement is just that. Your contract is what's important. You have to determine whether the facility has a contractual obligation to provide security. If not, perhaps there's a common law duty to safeguard your possessions. Consult an attorneybif the value of your possessions is... Read more »

2 Answers | Asked in Contracts, Tax Law, Business Law and Intellectual Property for Florida on
Q: We created a computer program that buys and sells Forex. We'd like to make sure we're legally following procedures.

We would like to take on clients to split the funds that the program makes from the buys/sells, but we want to be sure we do it the right way, legally and for tax reasons. We are researching resources to make sure we do this properly.

Jane Kim
Jane Kim
answered on Oct 31, 2022

You might be considered a financial institution for purposes of US regulations. Since this app would have an online presence and an international reach, you'd need to ask this question in every jurisdiction where you process payments. it is likely you'll need more than one type of lawyer... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: In Florida St. 720.3086 Financial Report - it states the report may be posted. Is it legal to limit the time frame?

If the developer chooses not to mail the report, and not to publish it in a publication regularly distributed within the subdivision, can they "limit" the amount of time the report is "posted"? I requested a copy of last years report, but was told that was not possible because... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 10, 2022

The statute doesn't provide a time period it has to be posted and only provides it has to be posted within 60 days of the end of the fiscal year. Don't confuse this with Section 720.303(7), which requires a HOA to either mail you a copy or send you a notice it is available upon request.... Read more »

1 Answer | Asked in Contracts for Florida on
Q: Hi had a contract w/ my Ex over child support. Our daughter was 15 at the time. I pre pay her $19K over 18 mo's in

4 installments. She relinquishes all CS fin obligations thru our daughters HS grad 6/2023. PIF 11/5/19. In 11/2020, she contacts the Fl DOR, they open a case against me, I testify in the 2nd DCA and win. Can I sue in Civil Ct and be eligible to be awarded the $6K it cost to defend myself? Thank... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 10, 2022

You can try, but unless the written contract contains a clause addressing liability for attorney fees and costs (prevailing party attorney fee clause), you probably cannot get reimbursed.

However, there are not enough facts stated to say for certain.

1 Answer | Asked in Contracts and Government Contracts for Florida on
Q: Signing documents while being on drugs

If I was on drugs and I told someone to sign documents for me because I wasn’t in the right state of mind; Is the contract voidable?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 8, 2022

Probably not. But without looking at the documents and hearing more about it, I cannot say for sure.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: I live in Florida, a category 4 hurricane just hit. My apartment is not livable. Landlord doesn’t want to break my lease

I also had to pay rent for this month even if i have not been living in my apartment for the last 4 days. I want to know if I can break my lease without penalty. I was told by the landlord I had to pay rent and cannot break my lease before it’s date.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 8, 2022

Look at the written lease to see if it has a "Force Majure" clause in it. If it does, you are good to go.

If you do not have a lease, the landlord can sue you, but only for 30 days of rent.

2 Answers | Asked in Contracts for Florida on
Q: I’m under contract on a condo in Florida. The hurricane destroyed the area but not the condo. Can I get out or the deal.

Little to no damage on the unit but the building, pool and surrounding area has suffered significant loss.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 30, 2022

No one can answer that in this online forum. It requires a review of your purchase agreement. You will need to hire a real estate lawyer to review it. Honestly, you should not purchase real estate without one.

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1 Answer | Asked in Business Law and Contracts for Florida on
Q: I own a small business that I’d like to sell. I’m considering owner financing. Can an agreement include repossession?

I want to be sure I’m protected if the buyer defaults, or fails to maintain the business. The business is a franchised restaurant so there standards that need to be maintained. If the agreement includes a down payment, would I retain it as well?

Derek Allen Colvin
Derek Allen Colvin
answered on Sep 28, 2022

There is always some level of risk involved in every business transaction. Providing owner financing and the nature of the franchise relationship will need to be taken into account. You can't eliminate risk, but you can manage risk by contemplating these issues in an asset purchase... Read more »

2 Answers | Asked in Contracts for Florida on
Q: Is it possible to create only one original contract copy by executing in counterpart?
Mark R. Osherow
Mark R. Osherow
answered on Sep 25, 2022

Interesting question. If the contract says it can be executed in counterparts it can be signed on separate documents. Probably would be valid if executed like that even without specifically so stating. Technically, each of the signed originals in full when placed together would be the original. If... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: What can I do to get my car that is in my name but still in my exes possession in florida?

Payments are not on time and I want to get the car paid off and off of my credit.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

If the automobile is titled in your name only you have a legal right to go get it, unless you were supposed to transfer it to him in the divorce.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: FL apartment lease states tenant responsible for pest control contradicting Title VI 83.50 Can landlord deny lease to me

based solely on me refusing to be responsible for pest control pursuant to above statue? ( sorry that’s Title VI 83.51)

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

Probably. If he can't follow that statute, he's probably not following others. you don't want to rent from a guy like that. Go someplace else.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Florida on
Q: Had a 2nd showing.Can you req a refund if the app is still not fully processed; bugs and odor?
Mark R. Osherow
Mark R. Osherow
answered on Sep 19, 2022

This is not enough information to accurately respond. But in general, it would depend on a number of factors, such as whether this is an "as is" deal, whether there is a mortgage contingency and whether that expired, etc. Also, are there conditions in the home which the seller was... Read more »

1 Answer | Asked in Contracts and Business Law for Florida on
Q: in Florida can a leinholder come take your rv when its not up for repo. what can i do
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 15, 2022

Assuming that the lienholder has a valid financial grievance against you, like for not paying your obligations to them as you agreed, the answer is yes. Lienholders do not have to wait for someone else to initiate repossession proceedings to protect their liens.

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: What should I do if my auto financial comp refuse to comply with my right of recession paperwork and stole my car

I mailed my right of recession letter in June. I called and spoke to the company after they took my car and they said the letter isn’t valid. The letter was indeed valid and now they refuse to give me my remedies, and downpayment because they took my car back.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 13, 2022

A right of rescission is generally limited to door-to-door sales and refinancing of mortgages, not cars. Dealerships are not going to let you drive their cars for three days, put mileage on the vehicle and then take it back. Unless there was a clause in your contract giving you this right, any... Read more »

3 Answers | Asked in Health Care Law, Contracts and Medical Malpractice for Florida on
Q: Can a doctor charge cash for a visit if the doctor knows the patient is a medicaid recipient?

My doctor has been seeing me for many years. He first started seeing me under medicaid. He decided to stop accepting medicaid. He continued seeing me now for years as a cash patient. I was informed he wasn't allowed to if I was on medicaid. At first he had us signed a form that I was paying... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 11, 2022

Your question begs the question, didn't you know you could stop going to that doctor and simply choose another one who's in your Medicaid plan network, so that you would not have to pay a dime? If you did not know that, why not? Did your doctor somehow mislead you into believing you... Read more »

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