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Florida Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for Florida on
Q: Can a seller remove the contents from a home that was offered for sale as furnished after the contract is in effect?

The contract is an "as is" contract. Line 23, " The following items are excluded from the purchase" is blank. The real estate agent told us that everything in the house would remain except for a few personal items that the seller would take with him on a commercial flight to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 24, 2018

No, it appears that he is in breach of the contract.

1 Answer | Asked in Uncategorized for Florida on
Q: If I loaned my car to someone and they did not return it, is there anything I can do?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 19, 2018

Sure. Take it back.

1 Answer | Asked in Uncategorized for Florida on
Q: My neighbor is harassing me she has video cameras on her food truck at the end of it on the air-conditioner that is

My neighbor is harassing me she has video cameras on her food truck at the end of it on the air-conditioner that is pointing to my house she is threatening to serve me papers because of my husband getting up and going to work at five in the morning and his friend picking him up he doesn’t read... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 7, 2018

Your neighbor can record your activities from her property. And your husband can, if he wants, leave the house early in the morning. You didn't say what you want to know, but I don't see that either of you has a case.

1 Answer | Asked in Uncategorized for Florida on
Q: My ex-roommate is trying to charge me rent when I didn't even live there for nearly a month.

At the time I didn't have the money to rent a U-Haul truck and storage unit and I had to leave a bed and dresser behind until it could be moved at the end of the month. She said that it was fine. She had broken the lease early and had given me time to find another place to live but my father... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 23, 2018

What do you want to know? Until she sues you, there is nothing you need to do; if and when she does, you can explain to the judge what you indicated here.

You aren't clear whether or not your father was able to pick up your furniture.

1 Answer | Asked in Uncategorized for Florida on
Q: My apartment towed my car. can we do anything?

My apartment complex tows unregistered vehicles in their parking lot. Monday of last week, my spouse and I purchased a vehicle and had yet to get it registered. I went to the office of our apartments, explained the situation to one of the employees who communicates with the tow company, that we’d... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 13, 2018

You may be able to sue the apartment complex for the mistake on the part of their employee. However you probably should immediately pay the towing company, to keep the costs from continuing to mount.

1 Answer | Asked in Uncategorized for Florida on
Q: How is it legal for a person who is a quadriplegic invalid be a guardian for elderly person in a nursing home (ward)?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 8, 2018

The guardian doesn't have to physically do anything. The role of a guardian is mainly decision-making.

1 Answer | Asked in Uncategorized for Florida on
Q: Is there a way for individuals in Florida to claim an abandoned vehicle, when a vehicle is abandoned at a business?

Have attempted to report to city, police, and sheriff, none claim to be able to help

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 5, 2018

The best way to handle it is to call a towing company and have them take care of it. They will eventually sell it and you can, if you want, buy it from them.

1 Answer | Asked in Uncategorized for Florida on
Q: Brother threatens to take tires off parents vehichle (he bought them) the car is not in his name. Is this legal?

My brother and I use my fathers vehicle getting to and from work. The tires wore down and needed replaced, we each purchased 2 tires for the vehicle (we were NOT asked to do so). My brother has threatened to remove 2 of the tires (along with the head lights and battery he has replaced) once he... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 3, 2018

Not true. It appears that you and your brother gave the tires and other parts to your parents. If he does this he can probably be prosecuted for theft.

And whether or not you have a license has nothing to do with it.

1 Answer | Asked in Uncategorized for Florida on
Q: I am older then 24 and a person I met online who I have not met or seen yet is turning 18, how much trouble can I get in
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 18, 2018

I surmise that you are asking about the criminal penalties for having sex with a minor. 18 is the age of consent in Florida, as well as most other places. If the person will indeed be 18, that should not be a problem.

1 Answer | Asked in Uncategorized, Consumer Law and Contracts for Florida on
Q: I hired a lawn company to do some work for me.He was to lightly trim two trees in front of my house and remove weeds in

planter around pool and install weed barrier and mulch..He completely cut with chainsaw my trees and took off all the branches and all leaves and left me with two sticks that look hideous..I asked him to just trim very little off my crepe myrtle tree and not to remove any height or branches and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 10, 2017

I would consider not paying him, or even consider filing suit against him. But, on the other hand, if he is not bonded, he may be judgment-proof.

1 Answer | Asked in Uncategorized and Criminal Law for Florida on
Q: Is it against the law for a 18 year old and a 15 year old to have a non sexaul relationship

I am just wondering

Both are female

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 20, 2017

Depends on the nature of the relationship. By non-sexual, I assume you mean a platonic relationship. However if such relationship is, for example, for the purpose of committing crimes, that might be a problem.

1 Answer | Asked in Uncategorized and Domestic Violence for Florida on
Q: I got into an verbal arguement in public and we were insulting each other her hand was near my face

I thought she was going to hit me so I hit her hand away from my face, can I get sued for that ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 9, 2017

Was her hand injured? If not, it doesn't appear that you could "get sued" (as a civil case), because there would be no damages. However you might be charged with a criminal battery.

1 Answer | Asked in Foreclosure, Real Estate Law, Uncategorized and Probate for Florida on
Q: Couple was behind in their HOA fees, and wife died during discovery of a foreclosure proceeding initiated by HOA.

How will this affect the mortgagee's (i.e. Association) ability to foreclose on the condominium property if: (a) the property was owned in tenancy by the entirety; or (b) conveyed to heir(s) via intestate succession? I am an intern at Three Rivers Legal clinic. Our client would like to stall... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 8, 2016

Normally a guardian ad litem will be appointed to investigate who will inherit the decedent's interest. Once the GAL reports back to the court, the plaintiff will be able to go ahead with its case.

1 Answer | Asked in Foreclosure, Real Estate Law, Uncategorized and Probate for Florida on
Q: Couple was behind in their HOA fees, and wife died during discovery of a foreclosure proceeding initiated by HOA.

How will this affect the mortgagee's (i.e. Association) ability to foreclose on the condominium property if: (a) the property was owned in tenancy by the entirety; or (b) conveyed to heir(s) via intestate succession? I am an intern at Three Rivers Legal clinic. Our client would like to stall... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 23, 2016

Well the association is not a mortgagee, they provided no money to earn a lien/mortgage. They have a right to a statutory lien for assessment pursuant to the Statutes, Section 720. Property owned by tenancy by the entirety cannot be conveyed without the other owner (husband or wife respectively)... View More

2 Answers | Asked in Uncategorized for Florida on
Q: Is it legal to open someones car door

waiting for someone at a store parking lot, and someone opens my car door and starts talking, I instantly reached for my firearm he then tells me to calm down and that it isnt illegal to open somes car door.

my questions are

1)Is it legal to open a car door without permission ?... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 13, 2016

I all depends upon the circumstances. If, for example, a man accompanying a woman is expected to open her door to help her enter the vehicle. But that is not the situation here. What did he say?

No, he probably was not justified in opening your car door, as you had not given him...
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1 Answer | Asked in Uncategorized for Florida on
Q: How do i find a law suit filed in my name

In the state of florida vs the police state

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 11, 2016

You can look up cases online. For federal cases, google "PACER". For Florida state court cases, google "___ county, Florida clerk of court". You should find a website at which you can look up your case by your name.

1 Answer | Asked in Uncategorized for Florida on
Q: is having a charge differed the same as adjudicated?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 9, 2016

No. "Deferred" means that the court is postponing any possible adjudication of guilt, instead waiting to see if the defendant will successfully comply with certain required conditions. If the defendant is successful and complies, adjudication will not happen.

1 Answer | Asked in Uncategorized for Florida on
Q: I have a deposition, and I have AIDS dementia, should I tell anyone?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 8, 2016

Yes, if they ask.

1 Answer | Asked in Uncategorized for Florida on
Q: Can I collect from a 10yr old paycheck in Florida?

recently located my last payroll check in a storage unit. It is10 yrs old. I researched Florida law and it states I should be able to collect. I looked for it in the unclaimed funds website but didn't see anything but they didn't give enough info to determine if it was mine or not. I need... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 2, 2016

Start by depositing the check. If I clears, your problem is solved. If it doesn't, contact the employer which wrote the check and ask that it be re-issued.

The unclaimed funds website would not apply. That is for a situation in which funds were not claimed and the holder therefor...
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1 Answer | Asked in Uncategorized for Florida on
Q: I rented a house with a pool. I was not told pool leaks, spa is unheated, waterfall inoperable.

My FLORIDA lease doesn't mention the pool at all. I realized within two days after moving in that the pool is leaking. I reported it to the property manager (assuming they didn't know). I was informed that the owner of the home will not fix the leak due to expense. Instead, they have... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 18, 2016

What does the lease say about your maintenance duties? If, as you indicate, the pool was not mentioned in the lease and there is a property manager, it would appear that maintenance, by the property manager, is the landlord's responsibility. If this is the case, they cannot pass the... View More

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