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Florida Real Estate Law Questions & Answers
2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: What remedies available to seller if title company did not pay & 30 days has lapsed & no proof of payment or tracking no

Seller sold property and title company handle closing. On Feb 7th 2023 title company assured seller that a Cashiers Check was Prepared and sent to him via regular mail.

30 days has elapsed and seller did not receive his check nor can the title company provide copy of Cashiers Check or a... View More

Jane Kim
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answered on Mar 8, 2023

There are legal remedies available, of course.

The title company must follow the acceptable accounting principles, applicable Florida Statutes and the Florida Administrative Code to maintain accurate records of their financial transactions, including records of all escrow transactions, and...
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1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: HOMEOWNERS ARE BOTH DECEASED without a will. Mortgage was with USDA with a recapture sole surviving son and daughter in

Son and daughter in law cared for aging parents (homeowners) until their deaths. No WILL. Son continued to pay the mortgage payments until mortgage was paid off. Home developed a slab crack and insurance was cancelled. Home burned to the ground Jan 1 2018. there is no building just land. My... View More

Jane Kim
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answered on Mar 7, 2023

Here is from a basic Google search:

Please call our Customer Service Department at 1-800-414-1226 or 1-800-438-1832 (TDD/TTY Hearing Impaired Only) to find out if your loan is subject to recapture or to receive payoff information.

There is no way anyone can address the rest of your...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: If my partner moves in with me and pays rent and improvements is he eligible to received any profit from sell of my home

I own a home in manatee county Florida. I allowed my partner to move in with me. He pays half the bills in form of a rent check to me monthly. He also paid half of getting my main electrical box replaced ($2900.00).

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

Were you to sell your house, he would be invisible to the title company, as he is not on the deed. He would not be entitled to share the profits of the sale, as he would be if he co-owned the home.

Whether he can sue you for some amount as compensation for the contributions he has made, and...
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1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Real Estate Law and Tax Law for Florida on
Q: Is an HOA liable for known misrepresentations made by a home developer, on HOA controlled property?

If the HOA knew of the misrepresentations, intentional fraud, right? If they didn't know, negligence fraud, right? And any related parties aware and benefiting from said misrepresentations are conspirators, no?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 4, 2023

Generally, no, but that answer could change depending on the misrepresentations. If any of the misrepresentations conflict with the language in the HOA documents, which are public record, the HOA would not be liable because owners are deemed to have read the HOA documents whether they actually... View More

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Can we have a lawyer make a contract to pay off the rest of the mortgage amount just between us and a mobile homeowner?

Basically, a lot of lenders do not want to give out loans for mobile homes. So as a solution, we want to have a lawyer create a contract between us and the owner of the mobile home so we pay him the deposit immediately. but pay off the rest of the amount with interest monthly. just like a bank but... View More

Jane Kim
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answered on Mar 3, 2023

Of course it is possible and advisable. A lawyer can advise you on the type of document needed, and it will depend on whether your mobile home is considered real property. Regardless, it can either be a mortgage or chattel mortgage, or a note to repay debt.

It is a good thing you asked...
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1 Answer | Asked in Real Estate Law for Florida on
Q: Florida warranty deed. If either party passes away, does the survivor automatically receive the others 50%?

Single family residence in Miami-Dade county. The deed for the property is on my name and my mother's name, she lives there full time, claims homestead, while I live in another city in FL. If either party passes away, does the survivor automatically receive the others 50%? The deed identifies... View More

James Clifton
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James Clifton
answered on Mar 2, 2023

Not under the current circumstances. You hold title as tenants in common. You would need to have a deed that shows you and your mother as joint tenants with right of survivorship.

1 Answer | Asked in Real Estate Law for Florida on
Q: Who is responsible for a drain clog in FL rental.

Plumber says “may be wipes” septic pumped and guy who pumped says “saw some wipes” in tank. Renter denying they use wipes and doesn’t want to pay bill. Plumber uncovered entire line to sewer. No cracks, tree branches in lines. Worked fine after clog removed. Septic guy pumped tank and... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 1, 2023

You should take your lease to an attorney to determine who might be responsible for that sort of thing.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: What would be the estimated cost (legal & governmental) to divide a current HOA into 2 separate HOA's ?

Manatee county, Florida. Background: HOA of 99 residences, 66 single family homes, 30 villas, with dissimilar services, separated by a county highway. HOA Board controlled by SFHs. Services denied or delayed by HOA Board to the villas.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 27, 2023

It depends on the language in the HOA documents and any shared amenities. It's impossible to say how much it would cost because it would likely require litigation if the board is not in agreement. It could cost anywhere from tens of thousands of dollars to up to $200,000 or more if it goes... View More

3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: Can an owner QC the deed of their property to someone if that property is listed in their Trust to go to someone else?

If someone has an irrevocable Trust for their home that is paid off, can that person sign over a quick claim deed on their home to a different person? My mother in law passed away last year. She has a Trust that gives the house to her 3 children. However in 2020, one of her grandchildren had... View More

James Clifton
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James Clifton
answered on Feb 27, 2023

In order for the property to be considered part of the trust, known as corpus, the deed to the property must be in the name of the trust. In this case, it sounds like the settlor, the person who created the trust, had not transferred it to the trust and still owned it in her individual name.... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: Is an amendment to condo docs enforceable against an owner who votes against it?

Amendment requires 75% approval and passes but I vote against it. Am I grandfathered in under old docs?

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 27, 2023

No, you are not grandfathered because you voted against the amendment. The amendment itself would have to specify those would be grandfathered under the previous rule.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I hope someone can get back to me asap. These are 2 of several urgent issues. Real Est law seemed the best category.

(1) Back in November 2022, I received a Cease & Desist Letter effective immediately and permanently to send emails for the health, safety, and welfare of the Management Team. If I didn’t do what they told me, they would file litigation against me. The 9 or 10 emails in a 5-month span that... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 27, 2023

You didn't post a question. A cease and desist letter isn't really worth the paper it's written on. It is only effective if it's a court order from a judge but it is a warning the association may pursue legal action against you.

The management company may be deflecting...
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2 Answers | Asked in Real Estate Law for Florida on
Q: I belong to a home exchange group. Is an exchange considered a lease under Florida law?

I receive the right to stay at the exchanger’s home or guest points which allow me to stay at any home in the system. My condo board says I am “renting” my condo in violation of the condo documents which limit leases to twice per year, minimum of 2 consecutive months. Are they correct?

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 26, 2023

It's impossible to answer without reading the condo docs and the details of this exchange program. See an attorney with the docs.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I am not on my HOA board but have learned that the management company has taken over all responsibilities .

They are completely disregarding almost all aspects of FL statute 718 and refusing to accept my certified return receipt mail. That is my next step?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 25, 2023

File a complaint against the management company's license with the Department of Business and Professional Regulation at myfloridalicense.com.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Can I sue for breach of contract?

I agreed to do a quick claim deed transfer when I got behind on my taxes and in the deed it states that I agree to pay $500 a month to rent and also had the option to buy my property back within the first year for $10,000 my year ain't up but he's selling my property and tearing down the... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 20, 2023

You need to take a copy of the deed and any paperwork to a real estate lawyer immediately. Lawyers cannot give you advice based on a document they have no way to review in an online forum. Time is of the essence in this case so consult with a lawyer as soon as possible.

1 Answer | Asked in Real Estate Law for Florida on
Q: I need to know what my options are

Buying property with trailer from the owner. The agreement was pay $10kdown &$10k a year on 5/1 for a total of $40k. Owner said if we dont pay the full $10k May1st we have to give the property back. A few months after we moved in the owner who is also our neighbor started harassing &... View More

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

The issue involving whose responsibility it is to pay the property taxes should be readily resolved by reading the terms of your written agreement.

It would be highly unusual for an attorney to omit such a provision from your agreement. Even if your attorney omitted it, the seller’s...
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1 Answer | Asked in Real Estate Law for Florida on
Q: How do I answer a suit denying claim on my parents reverse mortgage home? I do not wish to claim the home.

Hello! My parents are deceased, and their home is on a reverse mortgage. I received a summons for personal service on a natural person from the mortgage company attorney, who is also a debt collector. I need to respond in writing within 20 days. From what I can tell, they wish to foreclose on the... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 15, 2023

If you don't respond, a default will be entered against you. That just means that you are cut off from raising any defenses later. The default paves the way to a judgment, which in this case, means that any legal interest you might have in your parents' home is foreclosed, or... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for Florida on
Q: i have a neighbor on the other side of our fence and and the neighbor has multiple large trees which are falling down

onto our side of the fence and it's damaging our belongings and could potentially get us injured or killed if we are standing near the impact of the tree. also let me mention that the trees that fall down often break our fence slowly, we have tried asking them to cut them or something but they... View More

James Clifton
PREMIUM
James Clifton
answered on Feb 13, 2023

Your neighbor is liable for any dead tree or limb from their property that falls onto your property and causes damage. You may trim any limb or root from a tree or vegetation that extends onto your property whether living or dead. You need to make sure you determine exactly where the property line... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I sell a property that I bought last year and signed FIRPTA and lived in it for more than a year but less than 2 yrs

I bought a property which is around 205k from a foreign seller, we signed FIRPTA and I lived in the property for more than a year (13 months). I was planning to live in it but I am looking to buy another property and I want to sell it. What should I do ? Can I sell this property even if I... View More

James Clifton
PREMIUM
James Clifton
answered on Feb 13, 2023

If a transferee/buyer of a United States real property interest (USRPI) fails to withhold from the amount realized in reliance upon the exception that the transferee/buyer planned on using the USRPI as a personal residence for the next two years, but did not in fact reside at the USRPI for the... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: I Have A LIFE ESTATE on property I occupy. I pay all upkeep and taxes. After 7 or 10 years can I apply for title of prop
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 10, 2023

No. You only own the property for as long as you are alive. When you die, the remainderman will have title. As the life tenant, it would be your responsibility to pay for upkeep and property taxes.

1 Answer | Asked in Criminal Law, Real Estate Law and Tax Law for Florida on
Q: if my Treaty guarantees me rights to hunt and fish can the state stop me?

The state wants to give me a ticket for hunting and fishing after the Treaty of Middle Plantation gave me rights. What should I do?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 7, 2023

Yes, that treaty was signed with the British government and tribes in Virginia in 1677. It was with specific tribes located in Virginia. Florida was not a British colony during this time.

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