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Florida Contracts Questions & Answers
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

1 Answer | Asked in Collections and Contracts for Florida on
Q: Can I dispute a debt from a collections agency that I feel is unjust?

I was planning on attending university, so I put down a $300 reservation for a room, though around a month later I had to cancel due to financial reasons. When I applied for the room, an email was automatically sent to my student email account connected to the university which had terms stating... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 4, 2023

This is a fairly simple legal issue - either your entered into a valid contract agreeing to the cancellation fee, or you didn't. To enter into such a contract, you would either have to sign it in ink or electronically, or check an on-line box agreeing to terms and conditions that you are able... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: What can I do: My original 32+pgs lease was given back, w\o my notes on it, [office woman Admits she changed]. What!

SECTION 8 HOUSING TENANT.

My housing Caseworker, *RECEIVED Only 9 out of 32+pgs without my notes & my true signature on my original lease paperwork which I gave back to the office.

-9 PAGES OF *THEIR LEASE WERE SENT TO PCHA WITH FORGED SIGNATURE. [NOT MY ORIGINAL "32+... View More

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

The first and most important point I must strongly emphasize is: do not move into the premises until you have resolved any issues and disagreements pertaining to the wording of the lease agreement. The landlord is not required by law to accept your handwritten notes, and you are not required by... View More

2 Answers | Asked in Business Formation, Business Law, Contracts and Mergers & Acquisitions for Florida on
Q: Can I share transaction details w/a business broker/consultant without breaching a business contract? and with a lawyer?

I recently sold my business. The asset purchase agreement signed by both parties states neither party can disclose details of the transaction for 3 years after closing. I want to share details of the business I sold (such as closing price, terms, EBITDA, brand) with a business broker. The reason... View More

Venus Caruso
Venus Caruso
answered on May 31, 2023

If the confidentiality clause in your asset purchase agreement does not contain any exceptions for professionals who have a need-to-know the confidential information, or other like language, then sharing the confidential information with your business broker is not advisable as that would be deemed... View More

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2 Answers | Asked in Business Formation, Business Law, Contracts and Mergers & Acquisitions for Florida on
Q: Can I share transaction details w/a business broker/consultant without breaching a business contract? and with a lawyer?

I recently sold my business. The asset purchase agreement signed by both parties states neither party can disclose details of the transaction for 3 years after closing. I want to share details of the business I sold (such as closing price, terms, EBITDA, brand) with a business broker. The reason... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 31, 2023

It is not likely that the agreement could be interpreted to prohibit you from sharing the terms with an attorney under such circumstances; and the fact that you do so would probably be confidential in any case. Run your dilemma by an attorney with experience in such matters to determine, first, if... View More

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1 Answer | Asked in Contracts, Products Liability, Construction Law and Personal Injury for Florida on
Q: Inspection

The windows were bought and installed by Lowes in 2019. We just recently discovered they are all pulling away from our home at the top, allowing daylight, air, wetness in from the outside. You can see mold visibly in some spots. I, myself have had continuous breathing issues to the point that I had... View More

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

You indicated that numerous lawyers have told you they cannot be of help. Did they provide the specific reasons, including principles of law and issues of proof, that caused them to decline the matter? That's step number one - to meet with a lawyer (either in person or virtually) to go over... View More

2 Answers | Asked in Contracts, Civil Litigation and Elder Law for Florida on
Q: LAWS REGARDING? MY LEASE WAS FORGED WITH MY SIGNATURE & BACK DATED, RETURNED WITH NONE OF MY NOTES, IT WAS 32 PAGES.

1. ON 3/23 I SENT SEVERAL EMAILS ASKING FOR MY "ORIGINAL LEASE I SIGNED WITH MY NOTES". 1 MONTH LATER STILL NO RESPONSE.

2. I APPROACHED ASST. TO THE MANAGER, WHO ADMITTED RUDELY [in front of other residents] "IT'S A LEGAL DOCUMENT, YOU ARE NOT SUPPOSED TO WRITE... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 24, 2023

Send them written notification by certified mail that what they gave you was not the same as what you signed. If they seek to enforce terms different than what you signed, you can try to prove the different terms. But unless you kept a copy including your 'notes' and missing pages, you... View More

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2 Answers | Asked in Contracts, Civil Litigation and Elder Law for Florida on
Q: LAWS REGARDING? MY LEASE WAS FORGED WITH MY SIGNATURE & BACK DATED, RETURNED WITH NONE OF MY NOTES, IT WAS 32 PAGES.

1. ON 3/23 I SENT SEVERAL EMAILS ASKING FOR MY "ORIGINAL LEASE I SIGNED WITH MY NOTES". 1 MONTH LATER STILL NO RESPONSE.

2. I APPROACHED ASST. TO THE MANAGER, WHO ADMITTED RUDELY [in front of other residents] "IT'S A LEGAL DOCUMENT, YOU ARE NOT SUPPOSED TO WRITE... View More

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

First, forgery is a crime that can be reported to the police, and can result in arrest. Whether you should report it in your situation is a decision for you to make based on factors that include the relationship you wish to have with the landlord and any potential retaliation (though retaliation... View More

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2 Answers | Asked in Employment Law, Contracts and Immigration Law for Florida on
Q: Can I get in trouble if my employer is never asked me to fill out an I-9 form?

My friend has been working for a company for a little shy of a month now and thier employer's have never asked him to fill out an I-9 form. They have been getting paid (direct deposit actually) bi-weekly. I'm worried about him getting in trouble for it.

James L. Arrasmith
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answered on Jun 1, 2023

Yes, it is possible for your friend to get in trouble if their employer has never asked them to fill out an I-9 form. The I-9 form is a federal form that all employers are required to complete for all employees hired after November 6, 1986. The form verifies an employee's identity and... View More

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2 Answers | Asked in Employment Law, Contracts and Immigration Law for Florida on
Q: Can I get in trouble if my employer is never asked me to fill out an I-9 form?

My friend has been working for a company for a little shy of a month now and thier employer's have never asked him to fill out an I-9 form. They have been getting paid (direct deposit actually) bi-weekly. I'm worried about him getting in trouble for it.

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Relax. The rules re: I-9 forms put penalties on the Employer, not the employee. If your friend is really worried, you can always download an I-9 from the IRS and fill it out to submit to the employer. Keep a dated copy. BUT if the employer is not asking for it and is not taking out employment... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can an apartment renew your lease without Knowledge after stating that there will be no renewal/ month to month?

Then evict 2 months later?

Joseph Sternberg
Joseph Sternberg
answered on May 22, 2023

Both parties are required to sign any lease, whether it is a renewal or a first lease. However, if there is a clause about a lease renewing, you would need to review that clause in your lease.

Often a renewal clause will state who (usually the tenant) has the option to renew. In such a...
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5 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Should my HOA inform us if they are using a toxic chemical for yard services (i.e. Round-up) ?
John Michael Frick
John Michael Frick
answered on May 22, 2023

Maybe, but there’s no legal requirement to do so.

Round-Up provides a great illustration why. The FDA has determined that Round-Up is not harmful to humans after very extensive research and analysis. Yet there are some who disagree. There is even litigation over this particular...
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5 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Should my HOA inform us if they are using a toxic chemical for yard services (i.e. Round-up) ?
Charles M.  Baron
Charles M. Baron
answered on May 28, 2023

I am adding to my prior answer here. I discovered that the Fla. Dept. of Agriculture and Consumer Services maintains a registry of persons wishing to be notified of the use of pesticides on properties adjacent and contiguous to the person’s primary residence. If your application to get on the... View More

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5 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Should my HOA inform us if they are using a toxic chemical for yard services (i.e. Round-up) ?
Charles M.  Baron
Charles M. Baron
answered on May 22, 2023

Yes - if you request the information and that info is in their possession, but otherwise, probably not. Request copies of all contracts with such service providers, all invoices, all receipts for items purchased for the services, all documents showing materials and chemicals used, and whatever... View More

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2 Answers | Asked in Contracts for Florida on
Q: Is a promissory note enforceable if the full principal sum of money was never delivered to the borrower?

My father and step mother agreed to loan us 7200 at the terms 200 a month for 36 months they are now refusing to send the remaining 1500. Does this make the promissory note void under their terms since they never sent the full sim of 7200?

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 11, 2023

It's a breach of contract matter. It doesn't mean you don't have to pay the money back that was loaned but rather you don't have to pay back the full sum. I suggest you negotiate a new promissory note with your father and step mother for the amount received. Maybe their... View More

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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Can I claim a refund now from a car dealer who overcharged me last year?

After a couple of hours in the dealership last year, I failed to properly double check the numbers and the dealer changed the prices we agreed to by more than $16,000 in the contract. I trusted that the numbers were correct and I signed the contract. This week I was looking at the paperwork and... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 10, 2023

Unfortunately, you signed the contract and it is presumed you read and understood the terms and provisions of the contract. You would only have a case if you could prove you signed the contract under duress or there was fraud involved. While it is a long shot, take the contract to an attorney to... View More

1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: Getting sued for civil theft, cyber security infringement, cyber theft, blackmail, scamming, extortion

Hello everyone, I was hired as a marketing manager and for some administrative work by an individual who owns a small business. However, after one or two weeks, she began giving me tasks related to building her website, which falls under web development and not marketing or administrative work at... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 20, 2023

It's not clear whether you were an employee or an independent contractor. But in any case, it appears that you did the website work for her. If so, the content was hers, and you had no right to delete the content. So, I suggest that you offer to restore it to how it was before you quit.... View More

2 Answers | Asked in Civil Litigation, Contracts and Small Claims for Florida on
Q: Can a Statement of Claim in Replevin be filed to get an item to be used as evidence in a related Small Claim?

The item is a $2 tool with sentimental value to the Plaintiff, was used in service to the Defendant, was used to provide a more valuable service, probably why Defendant is detaining the tool. Plaintiff suing for payment of service. Would the Statement of Claim and the Statement of Claim in... View More

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

The order in which you put the allegations of your statement of claim probably doesn't make any difference. But if you want to use the tool as evidence at the trial you should probably bring this up at the pretrial conference (or mediation, of mediations are used in your county) so that the... View More

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