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Florida Contracts Questions & Answers
1 Answer | Asked in Construction Law and Contracts for Florida on
Q: The client signed my contract to add a pool to a home under construction & will not close on home. Do I have to refund

The client signed my contract to add a pool to a home under construction & will not close on the home. Do I have to refund the pool deposit? The Florida pool contract was signed on 4/3/2023 it states in numerous places a 3-day cancellation policy. I was notified about 70 days later that the... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Jul 24, 2023

Unfortunately, as with almost all issues involving construction disputes, a review of the terms and conditions of the entire written agreement, the very specific facts, and application of any relevant statutory provisions is required to provide anything more than the most general of responses.... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Apt. Lease in Jax, FL states a no smoking policy inside and outside. How do we have this enforced? Pot smoked every day

34.17.1 You agree and acknowledge that this Property has been designated as a smoke-free living environment. You, Your Occupants, guests or invites shall not smoke or permit others to smoke anywhere in or on the Property. You shall inform Your Occupants, guests and invitees of the no... View More

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

It would be my guess the police cannot arrest anyone unless they witness them smoking the pot themselves and have access to the outside area to make the arrest. Police do not usually use recordings from third parties as the sole basis of an arrest.

The apartment complex is likely not doing...
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1 Answer | Asked in Contracts for Florida on
Q: Can a client cancel a contract if the wrong company name was put on the agreement and cancellation?
Charles M.  Baron
Charles M. Baron
answered on Jul 24, 2023

That can't be answered without reviewing the documents and the circumstances. The first issue is whether there is a right to cancel, and if so, under what conditions, if any. If there is such as right, and all conditions, if any, have been met, issues to be examined regarding the misnomer... View More

1 Answer | Asked in Contracts for Florida on
Q: In Florida, do I have to repay relocation payments if the contract gave no timeframe of required employ & I was fired?
T. Augustus Claus
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answered on Jul 21, 2023

In Florida, the terms of your contract and the specific circumstances surrounding your termination will determine whether you are required to repay relocation payments if you were fired.

If the contract did not specify a timeframe for required employment, and you were terminated without...
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1 Answer | Asked in Contracts for Florida on
Q: How can I do to prepare a document “As is” for sale my RV trailer?
Charles M.  Baron
Charles M. Baron
answered on Jul 17, 2023

You are asking for specific legal advice on drafting a contract for your particular transaction, which advice is not available in this forum, which is for general educational information and guidance on legal issues and lawyer searches. You are on the right track of reaching out for legal advice... View More

1 Answer | Asked in Contracts for Florida on
Q: I dont know if my lawyer is doing a good job. I was told another lawyer cant talk to me about this though. Is that true?

We have a contract issue and i feel like the lawyer should have done more than send letters back and forth in two years. We have gotten nowhere with the builder and it looks like we will be stuck owing a LOT of money. They breached contract though. We have pointed this out several times. i feel... View More

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

Like any other kind of professional, you can always get a second opinion (or more), and you can always replace. Replacement after years, though, may entail substantial review time for the new lawyer, which you'd need to pay for (if it's not a contingency fee case). If it happens to be a... View More

2 Answers | Asked in Contracts, Landlord - Tenant and Probate for Florida on
Q: Sibling moved into house before probate finalized. Also, added an rv and rented out the property, and a studio.

I have a legal fiduciary, granted by the courts, he is ignoring this matter.

James Clifton
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James Clifton
answered on Jul 12, 2023

If he is violating Florida laws or a probate court order regarding your duty as the personal representative, you can request that the court hold the sibling in contempt. It is typically an in-depth legal request, so you will likely want an attorney to represent you. Schedule a free consultation to... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: my daughter and her boyfriend was scheduled to move 6/30 but they couldn’t move until07/05 because they were both out

Of town but they paid their 1st month’s rent through the residential portal and notified the leasing office that they will not be able to move until 07/05. On 07/05, my daughter went to pick up the key and she was informed that they needed to sign a new lease. The new lease is $280 more a month... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 9, 2023

I find it difficult to believe that the lease can be "cancelled" simply because they didn't move in at the beginning of the lease term. You might want to review the text of the lease for any language that might suggest that. If they refuse to put it in writing, it wouldn't... View More

1 Answer | Asked in Contracts and Banking for Florida on
Q: My father is in legal trouble overseas and has asked me to take over his finances in the interim can this affect me?

He has been implicated in South Africa and has asked me to pay his bills and send him money through his own bank. Can this have legal ramifications for me and if so how can I keep myself safe or offer safe/legal alternatives to him.

Charles M.  Baron
Charles M. Baron
answered on Jul 9, 2023

You are right to be concerned about it. Your father's request may or may not have legal ramifications for you, depending on exactly what legal trouble he's in. Also, even if it's not a legal problem for you, you'd likely need a power of attorney executed by your father to... View More

2 Answers | Asked in Employment Law and Contracts for Florida on
Q: If an employer that fired you never responds to reclaim their equipment, can I keep it? I made a reasonable return attem

Previous employer let me go in january. Ive made attempts to return laptop equipement. They say theyll get me the stuff tomorrow but never respond.

They sent a response after 3 months of no response asking if i would like to buy the equipment. I said no. They have not since responded.

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

It is the employer's property. You need to protect yourself from a later false claim that you wrongfully retained it. I would suggest a letter sent by Certified Mail, return receipt telling employer that you will hold the property for an additional 15 days and then will consider it abandoned.... View More

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1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for Florida on
Q: Dismissal without Prejudice in order to refile/reopen discovery with evidence previously left out.

I recently had to part ways with my attorney because he refuses to have evidence admitted and he refused to file a motion to compel evidence from the defendant . As a result I filed a motion to supplement the record and it was denied. At this point, I’m wondering would it be better to file a... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 7, 2023

Nothing is evidence until it is admitted into evidence by the court.

Since you are now playing lawyer, you might want to read the rules of procedure and make certain that dismissing your case and refiling is the best course of action.

A new case is a new case. Everything starts...
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2 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Can a Motion to compel evidence be submitted after the close of discovery? After Summary Judgement has been denied?

I parted ways with my lawyer bc he refused to submit evidence or request a motion to compel evidence (I.e recorded calls etc) in a section 1981 race disrimination case. I'm now trying to supplement the record. I asked him to file a motion to compel but he didn't. I'm wondering if its... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 5, 2023

I agree with Mr. Thorgaard's comments, plus I'm wondering what you mean by "supplement the record" if the motion for summary judgment (which was based on the record up to that point) has already been denied. If you mean you're trying to obtain additional evidence for you... View More

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2 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Can a Motion to compel evidence be submitted after the close of discovery? After Summary Judgement has been denied?

I parted ways with my lawyer bc he refused to submit evidence or request a motion to compel evidence (I.e recorded calls etc) in a section 1981 race disrimination case. I'm now trying to supplement the record. I asked him to file a motion to compel but he didn't. I'm wondering if its... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 5, 2023

Part of the problem is what you call your motion. A "motion to compel evidence" is very unusual. What would you seek;

an order that the other party answer certain questions (interrogatories),

submit to a deposition,

produce certain documents,

admit or...
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1 Answer | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: Can I sue in small claims courts?

Hello I bought a cockapoo from a private breeder, the puppy started having seizures 3 days after we got him the veterinary believes it was due the pup glucose levels being too low but he couldn't really say for sure. we asked the breeder to go half on the vet bill and they said no, can we sue them?

Charles M.  Baron
Charles M. Baron
answered on Jun 30, 2023

Yes, but only if you first comply with the presuit procedures of Fla. Statutes Section 828.29, also called the "Puppy Lemon Law", which is online, and which you must read. The first important portion for you starts at Sub-section (5), which provides: "If, within 14 days following... View More

1 Answer | Asked in Contracts and Consumer Law for Florida on
Q: I have never signed an estimate, quote, or contract with a company. Am I legally obligated to pay an invoice I dispute?

After Hurricane Ian a company recommended by my insurance company came to door and said they were hired by insurance company to dry out the house. They were able to identify the insurance company and our claim number. They assured us the insurance company was paying for their service and that we... View More

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

It would be a good idea, either on your own or through an attorney, to immediately dispute the bill in writing, with proof of delivery; otherwise, you might be sued for Account Stated, which is a suit to collect on an undisputed bill. State reasons for the dispute, including that you never would... View More

1 Answer | Asked in Contracts for Florida on
Q: Here: I?m selling an ecom brand, the buyer is German citizen. I run the brand under a LLC in USA. He wants to buy it vi

Here:

I?m selling an ecom brand, the buyer is German citizen. I run the brand under a LLC in USA. He wants to buy it via crypto. And the procedures are as follows:

1- We both sign the agreement online

2- He pays full amount in Crypto

3- I transfer the ownership on... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 25, 2023

The advice you're seeking can be obtained only by scheduling a consultation with an attorney handling commercial transactions, and it's a good idea for you to have an attorney review the proposed contract. This forum is for general educational information and guidance, not legal advice on... View More

1 Answer | Asked in Business Law, Consumer Law, Contracts and Internet Law for Florida on
Q: If an online seller from another state violates a law in my state, are they bound to my states law?

Online seller renewed a year long subscription without advance notice and is refusing a refund even though I canceled immediately. This is illegal in FL but they are based in Massachusetts

Charles M.  Baron
Charles M. Baron
answered on Jun 24, 2023

If you are buying while in Fla., Fla. law should apply. Regardless, to take legal action, you must see the terms that you agreed to for what procedures and venues apply for resolving any dispute. You likely checked a box for "terms and conditions". By doing that, you agreed to the... View More

1 Answer | Asked in Contracts for Florida on
Q: I earned a commission in Florida for selling a particular job to home owner. I was never paid this commission

I have called and text the owner and managers but they wont reply. The job i sold was installed on the home owners roof and i have proof

Charles M.  Baron
Charles M. Baron
answered on Jun 21, 2023

So your next step is to either hire an attorney or to represent yourself in a lawsuit. If the commission is $8,000 or less, the claim would be in small claims court, which is set up to be fairly easy for non-attorneys to represent themselves. If you wish, you could first threaten to sue if you... View More

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: I started building a home in Florida Adams Home Builder in Ft. Myers Fl. We signed a contract with them 03/07/2022.

6 moths went by before they even cleared the lot. They said because the stem wall was not in place before 6 months they could cancel the contract unless I agreed to spending an additional $30k and forced me to sign a new contract. They switched floor plans and cabinets in the home after repeatedly... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2023

A lot of legal rights and remedies that you most likely had have been waived by your subsequent actions.

You should take your contracts to an attorney who practices consumer law in or near the county where you live. But I fear your best option in this situation is to sell the home and buy...
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1 Answer | Asked in Consumer Law, Lemon Law, Contracts and Business Law for Florida on
Q: Can an warranty company refuse to pay repairs although repairs are covered under warranty?

Bought a box truck from Ryder. They don't want to cover repairs for the truck because of "contaminated fuel". Although they covered repairs multiple times before and no where in the contract does it state no coverage for contaminated fuel.

Charles M.  Baron
Charles M. Baron
answered on Jun 13, 2023

The issue is whether the warranty is voided due to your wrongdoing (either intentional or negligent), if any, that caused the damage/issue triggering the need the repair. One issue is the contract language itself, and another issue is the fact issue of whether you actually committed the act or... View More

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