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Florida Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Florida on
Q: Gifted son1500.00 for closing on a home. It now won’t be used. We asked for refund they said no not until after closing

The reason why money won’t be used is bec they wanted bank statements for 2 months from us. We are not willing to send that to them. They said we could request a refund. So we did. They said we would get it back after closing. Why would they keep it if they said they couldn’t use it without... View More

Vincent Gallo
Vincent Gallo
answered on Mar 29, 2024

If you had given your son what you characterized as being a “gift” with no strings attached, then the gift is a gift. If, however, there were conditions attached to the gift, you may be able to retrieve it if those conditions weren’t met.

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1 Answer | Asked in Consumer Law, Personal Injury, Real Estate Law and Elder Law for Florida on
Q: Checked into a hotel after major surgery on my foot and now I'm being told I have to move rooms every 21 days

I moved into this hotel after major surgery on my foot because of medications that I was going to be on and didn't think it was safe for me to be alone at home I ended up staying here because I lost my apartment and so now they're making me move every 21 days and I have pins and screws in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 28, 2024

A hotel is not a rehabilitative facility. Nobody knows what this lease says; you need to take it to a lawyer.

1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Civil Rights for Florida on
Q: Is a civil suit viable? HOA deleted surveillance video I asked them to save. It would have proved my son was innocent.

We pay monthly HOA fees for amenities, which include security via video surveillance. My son is facing criminal charges and the events that occured were caught on these cameras. This footage would prove the allegations are false. I emailed the HOA asking them to save it. No response. I also went... View More

James L. Arrasmith
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answered on Mar 26, 2024

In situations where evidence crucial for legal defense is destroyed or deleted, especially after a request has been made to preserve it, you might have grounds for a civil case. This would particularly apply if the deletion of the surveillance video directly impacts a legal proceeding, such as... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Our Florida tenant paid our property management company using forged certified checks. The management company

forwarded the normal rent payment to us until it was determined the checks were invalid. Who is now financially responsible for the bad checks - us or the property management company?

James L. Arrasmith
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answered on Mar 26, 2024

In cases like this, the financial responsibility typically depends on the terms of your agreement with the property management company. Generally, if the management company acted in good faith and followed standard procedures, they might not be held liable for the forged checks. It's important... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: I recorded a quit claim deed in polk county fl but the grantor name was incorrect. What can I record to correct this?

Can I record a same name affidavit showing that it's the same person?

Jane Kim
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answered on Mar 25, 2024

If it was merely a spelling mistake, then depending on the state, you should file a corrective deed, it may be called slightly different in your state. You cannot entirely change the grantor, you'd have to do a separate conveyance.

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for Florida on
Q: How can I get a lawyer and not pay more money when parents were force to sale their condominium as a owners

If they wouldnt pay 12,000 assessments fees they were obligate to sale their little place then they only want having a family member having a guardianship . Also, making hire professional JWB realty never said parents should pay all from their little place money.Plus they make parents sale their... View More

Linda Liang
Linda Liang
answered on Mar 13, 2024

I am sorry to hear what your parents are going through. However, your questions are not clear.

You said you have a hearing soon and judge issued an order making you pay lawyer fee in the next few years. Does that mean yo already have an attorney working for you and you are happy with the...
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1 Answer | Asked in Real Estate Law for Florida on
Q: I just need to add my wife name to the deed of my house that t own freely. What form do I need? I live in FL. Thanks
Jane Kim
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answered on Mar 6, 2024

A quitclaim deed does that then record it in the county where the house is located.

1 Answer | Asked in Real Estate Law for Florida on
Q: My sister and I have lived in our owned home for the past 40 yrs but just realized the title does not have jtwros if we

File a quit claim deed to include jtwros to our current title will this trigger a reassessment on our taxes ? Or loss of our soh exemptions in Florida ?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 2, 2024

Quitclaim deeds tend to cause more problems then they solve. Consult with an estate planning attorney to see what your options are to resolve this. A self-executing will might be a solution, depending on your situation.

1 Answer | Asked in Real Estate Law for Florida on
Q: I own a Florida mobile home along with a roommate. The title is joined by, "and." Previously, the title was joined by, "

or." I took his name off the title. Then, he and I got a new title joined by, "and."

All transactions were perfectly legal.

He is threatening to sue me because he claims I did something illegal (what?; I do not know), and he is claiming that, since his mother bought... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 13, 2024

There's no way to tell in an online forum. You would need to take a copy of the title, the lease and any other documents you have evidencing an agreement or payments you made to a lawyer to review.

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: Can a quick claim deed include assessment to new to owner and move out time in Quick Claim Deed to the stepkids

The moving of the owner is in a living revocable trust that stepkids get condo if owner moves. The quit claim will need the assessment that will be due for a new roof on the condo added to stepkids and a 6-week move out allowed by the owner of property added to get 20yrs of stuff moved to another... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 13, 2024

No. This is not possible in a deed of any kind. This sounds like everyone involved is trying to avoid using lawyers, which means that nobody knows what they are doing. It all seems so simple, but it isn't. I recommend that all person who wants to deed his or her property to someone else, hire... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can the owner of a mobile home park charge an additional monthly fee/rent if it is not defined in the prospectus?

Let's say that Jim has moved back to his childhood home on lot 42 and the owner of the mobile home park now considers him an additional occupant. He charges lot 42 an additional $110 in rent. That amount nor the definition of an additional occupant is noted in the prospectus. The park owner... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 6, 2024

No one can answer this question without reading any documents that were signed between the parties and any documents that are in the public record. Whether or not that charge is legal depends on the reading and analysis of those documents. Not paying the charge would likely lead to an eviction.... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: I recently purchased 10 acres, now the surveyor is telling me that it is probably 3 or so. What legal rights do I have?

The purchase was 10+/- acres. Looked at the property with the realtor and looked at pictures and information they gave me. Purchased the property, received the deed, and started the survey and the survey shows about 3.5 this was 2 plots, now just 1. What do I do? What are my legal rights?

Jane Kim
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answered on Jan 22, 2024

It depends how you acquired title by way of what type of a deed?

Did you do a title search prior to closing? It does not sound like it. That means you acquired the property through a quitclaim deed. You may have claims against both the seller and the realtor.

Good luck

2 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: Folks got locked out of their rental. How do I get the realtor to let them back in? Says HOA did not approve app.

My folks 87 & 89 sold their house moved into a condo, rent until close. Now realtor is kicking them out & changed locks. They have 2 cats that’s the HOA does not allow but they were not aware when they made the deal and the HOA will not approve their rental application. They paid 1 month... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 21, 2024

This is more of a real estate or a landlord tenant question than an elder law question. I would suggest that you choose one of those categories are resubmit your question.

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1 Answer | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: ASSISTED LIVING FACILITY- annual increase amount notice received. no mention of re-categorize unit and charge more money

my father lives in an assisted living for 2+ years. The resident agreement states they can raise the rent annually and also make a cost of living adjustment annually. In addition, they can raise the rates on the nursing services. Written notice 30 days prior. We received a notice on 12/1/2023 that... View More

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2024

A Florida attorney could advise best, but your question remains open for two weeks. A starting point could be to make another request for an explanation. If you contemplate disputing, you could check the agreement/contract as to any provisions for the resolution of disputes (arbitration, courts of... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: new home, owner wants me to pay for the water of the new sod.
Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 8, 2024

Is there a question? Generally, unless there is language stating the landlord is responsible for watering the grass, the tenant is responsible for this.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: defendants lawyer has been served with interrogatories and is past 30 days and no answers. what can I do they are

ignoring my follow up emails.

Anthony M. Avery
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answered on Dec 15, 2023

You have to file a Motion To Compel Discovery.

1 Answer | Asked in Real Estate Law for Florida on
Q: Who is responsible for mitigating the impact of HOA trees and their root encroachment on my pool area and lines?

I live in Florida

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 13, 2023

Generally, the homeowner can cut any branches or roots that cross the property line as long as it will not compromise the tree. Who is responsible depends on wording in your HOA documents, which we cannot review in this online forum.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: The HOA has been engaging in selective enforcement. How do I close allow the HOA to take 17,000$ and return it later?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 7, 2023

You will need to repost your question because it does not make sense (sorry). Selective enforcement is a defense if you are being sued for violating the deed restrictions. I'm not sure what $17,000 has to do with that? It appears you have paid the HOA $17,000 and expect to get it back... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: Can apartments refuse to prorate a 6 week off special?

In Florida, my apartment is offering 6 weeks off as a promo. I’ve always been able to take that 6weeks and have them prorate it throughout the lease to lower the monthly rent. This apartment is saying they will not and only the first month and a half will be free, and then the full rate after... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 4, 2023

This is a policy that this apartment complex has instituted. There's no right to it in the law, so you have no legal ability to make them change their policy.

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