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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Criminal Law and Real Estate Law for Florida on
Q: What happens to the vacant house?

Neighbor's house got raided for drugs. It's vacant now. Neighbor's said another relative that's in jail also file bankruptcie. What will happen?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 8, 2023

It depends on who owns the house, not who lives in it. As long as any mortgage is current or the owner is trying to re-establish the mortgage, nothing happens. There's really not enough facts to answer your question.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: In Puerto Rico do you need two witnesses to sign a Quit Claim Deed
Rand Scott Lieber
Rand Scott Lieber
answered on Jun 8, 2023

Two witnesses in Florida so probably yes.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can I cancel a real estate contract with buyer who is taking no steps whatsoever to close on the property I'm selling?

About 20 days ago, I accepted an offer and signed a contract to sell a vacant lot i own. Buyer has not paid earnest money, is not working with title company nor has buyer done anything else to move towards closing. Contract does not state a specific term but says will close within 40 days. Buyer... View More

James Clifton
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James Clifton
answered on Jun 7, 2023

What you have described is known as a wholesale contract. In a wholesale contract, the party who acts as the purchaser actually intends to sell the property to a third party or assign the contract. One of the biggest issues with wholesaling is fraud. Oftentimes, there is a failure to disclose the... View More

3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Can we submit an ethic complaint to the bar for this matter?

Long story short, my uncle purchased a foreclosure property from a county auction. It turned out the property she purchased, there was a senior lien. Therefore, she ended up losing the house. Now the lawyer for the defendant (the LLC who got foreclosed), is claiming a surplus of funds. This LLC has... View More

James Clifton
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James Clifton
answered on Jun 3, 2023

If the defendant is claiming surplus funds from the foreclosure of the second mortgage that your uncle purchased at auction, the defendant is entitled to those funds subject to any claims of other creditors. If the defendant is claiming surplus funds from the foreclosure of the first mortgage, your... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: A bldg drainage pipe btwn my 27th flr apt & the 28th flr leaked, undiscovered. Mold ceiling, sidewalls. Who pays?

1.Do hoa docs decide who pays,or does law Trump docs?

2. Pay just for drywall or complete mold removal wherever it's spread?

3. Unused maids suite been unused 18 yrs. Except ss rarely used storage room. Conceivably allowed problem to become worse

Do a hirise owners... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 1, 2023

The answer to your questions resides in your condo documents, which we cannot review in this online forum. Generally, an association is liable to replace the bare walls, floors and ceiling unless your documents provide otherwise. The association is liable if the pipe services more than one unit... View More

1 Answer | Asked in Real Estate Law and Business Law for Florida on
Q: There is water/mold damage inside my condo unit from a leak above me, what are my chances taking the HOA to court?

The leak is from a common element pipe. The HOA has fixed the pipe but refused to pay for mold treatment inside my unit, citing demarcation at the drywall. The Bylaw says "all incidental damage caused to an Apartment by the maintenance, repair, or replacement work done by the Association shall... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 30, 2023

That's impossible to say without reading your condo documents. Generally, the HOA is only liable for putting back the bare drywall but it's possible your documents do not require that. It is also crucial to know if the pipe services just one unit or multiple units. If the pipe services... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: A Durable Power of attorney done and notarized in US can work fine in Puerto Rico, for a property sell transaction?

Property is in PR, owen by my parents and they want my brother to sign every document or do any transaction, related to the sale of the house, for them. My parents are old and not in the best health to travel.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 30, 2023

That probably would work, but, for more accurate advice, you should probably have asked this question in Justia > Ask a Lawyer > Puerto Rico.

2 Answers | Asked in Real Estate Law for Florida on
Q: Looking to purchase a condo in FL with seller financing. He wants to do a land contract. Who’s name will the title be in

How does this get filed with the state? I want to make sure I’m protected. The interior needs work and I don’t want to put the effort and money in if this isn’t legitimate. We have agreed on terms, what do I need to do to make sure I’m covered?

James Clifton
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James Clifton
answered on May 29, 2023

It is generally unadvisable to purchase property any other way than with a traditional deed and mortgage. Many times people who don't fully understand the implications of financing the sale of their own property think that there are forms like a land contract that somehow protect them more... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: I didn't know i had to report a misdemeanor reckless driving to the DBPR . The requirement was 30 days and it's been 1y

Misdemeanor reckless driving with alcohol. It's been over a year and I did'nt report to the DBPR. If i didn't complete the Continuing Ed I wouldn't have realized. Should I just be quiet or should I file it now?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 28, 2023

You are saying that you 'didn't know' of the reporting requirements for the past year but suddenly became aware of the requirements now? That's hard to believe, but the good news is that they may well already know.

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Florida on
Q: If we bought a house during our marriage and got divorced and remarry each other and one of us dies, who gets the house?

When we bought the house it was tenants in common with right of survivorship after we divorced it automatically converted to tenants in common with 50/50 ownership. Now that we remarried each other will it reconvert to tenants in common with right of survivorship!

Paul Michael McDermott
Paul Michael McDermott
answered on May 27, 2023

Interesting question. In my opinion as a family law attorney, remarriage does not automatically "reconvert" the property title. You might consider executing a Quitclaim Deed - both as grantors and both as grantees to give you both equal rights as "Tenants by the Entireties,"... View More

1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: Is a mortgage with a beneficiaries' property automatically assumed by beneficiary

AS PR, do I have to get assignments to distribute commercial property with mortgages, or does the mortgage go with property automatically?

James Clifton
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James Clifton
answered on May 22, 2023

If the mortgage is in the name of the deceased, it is actually a debt of the estate that should be paid by the estate. If the debt cannot be paid by the estate the property should be sold or if a beneficiary chooses to receive the property subject to the mortgage, the beneficiary should be required... View More

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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1 Answer | Asked in Real Estate Law and Small Claims for Florida on
Q: In 2019 my mother passed away and left her florida home to my sister and me. I put forth a proposed amout to buy her out

Which she accepted and I wrote her a check. As executor of my mothers estate she authorized the home title change solely to me. Three years later I sell the home and she now is suing me for more money. What are my options and does she have any kind of case.

James Clifton
PREMIUM
James Clifton
answered on May 20, 2023

You would need an attorney to review the complaint she filed to figure out the basis of her claim. If there was a written agreement that clearly outlined that you were purchasing her portion of the house that she would inherit, that agreement would likely be upheld. If it was an oral agreement, you... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: Are HOA's allowed to change the rules so my house built on two merged lots will have to pay two HOA dues when resold?

A few years back the HOA allowed people to merge lots together where the merged lot would only pay one HOA dues instead of two. Recently, they changed the rules and now everyone who merged lots in the past still only have to pay one HOA dues; however, if they sell the lot/residence then the new... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 19, 2023

Yes, there was a court case years ago that ruled homeowners who had one house on two lots were still required to pay two assessments and that holding them liable for just one assessment violated the Declaration of Covenants, Conditions and Restrictions.

2 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: My daughter was put on my homestead deed. I paid for home and propertry in full. She is now threatening to take it fro

from me. I put her on deed and now she is not adhering to our agreement. She says she can do whatever she wants, it's hers. Help.

Phillip William Gunthert
Phillip William Gunthert
answered on May 19, 2023

Adding anyone to a Deed is always a potential dangerous change that is not advised, this is the far too common result. You will need to have the deed and circumstances reviewed, but based on what the deed states, your daughter is likely a partial or full owner of the property based on what you... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Would the condo rider overrule the contract? Due to the contract wording "For any reason" am I entitled to the deposit?

I was under contract for the sale of my condo and in the contract that is signed, it states in section 20 under the addendum and additional terms line 5 states that if buyers failed to close for any reason they would forfeit the $30,000. deposit of earnest escrow which was written by their agent.... View More

James Clifton
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James Clifton
answered on May 18, 2023

Almost every rider to a contract has the following language, "Where this Rider is in conflict

with the terms of the Agreement, the terms contained in this Rider will govern." This means that if the condo rider has a contingency that gives the buyer the option to cancel the...
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1 Answer | Asked in Real Estate Law and Business Law for Florida on
Q: Can they ask me for more money when by my account, I’ve paid up everything I’ve owed and I’m up to date?

In a letter dated March 31, 2023, I was informed by the Head of Accounts Receivables that I owed $789.99 to the Association. The letter states, “must be paid within 30 days of the date of this letter. "

On April 29th, 2023 I sent the full $789.99 within the 30 days of the date of the... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 16, 2023

Technically you missed the 30 day deadline if the payment was not received by April 30th. Without knowing how much your dues are and what the frequency is for payments, it is impossible to give you a definitive answer if this amount being demanded is an overcharge. Legally, the management company... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: I am being sued for fraud due to a house I rebuilt flooding.

The house flooded one time during the renovation but was corrected and never flooded for 2.5 years in which we owned the house after the renovation was completed. However, the yard continued to flood. The house was an extensive rebuild. I disclosed the yard flooded due to no storm water drainage... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2023

Florida law requires sellers to disclose any known facts that materially affect the value of the property that are not readily observable to the buyer. This includes any prior flooding or water damage, even if it has been repaired. The disclosure must be made in writing, and the seller must... View More

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1 Answer | Asked in Real Estate Law and Personal Injury for Florida on
Q: Can I recover losses from lack of disclosure from previous unit owner about broken pipes that led to mold?

I purchased a home (AS-IS) in South Florida on July 20, 2022 and didn't move in until mid-August. Pre-buy inspection mentioned mold samples taken from HVAC and had pictures of perfume sticks in HVAC vents. It also had pictures of a flood in front of the unit. I discovered a broken pipe behind... View More

Tim Akpinar
Tim Akpinar
answered on May 5, 2023

A Florida attorney could advise best, but your question remains open for three weeks. I could only address issues related to the category posted under, Personal Injury. A local real estate attorney would have insight into the other issues relating to disclosure, inspection, and property damage. In... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: What rights do I have and what are the legal ramifications?

I live in a household that was converted into 3 separate apartments. It has come to my attention that the owners never registered the property has a multifamily household. Power constantly trips and my internet was disconnected because the new tenants added internet services and since their lease... View More

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

If it is not zoned for multifamily and the owner did not obtain a variance and/or permitting to allow the different use, both you and the landlord have a problem, but you would then have remedies against the landlord. Code enforcement could order a prompt cessation of the multifamily use. The... View More

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