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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Florida on
Q: if 4 people are on a joint tennancy in common deed can one quit claim their share to another on the deed
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 19, 2022

There is no such estate "joint tennancy in common", so it is probably either a joint tenancy with survivorship or a tenancy in common. But yes, a competent FL attorney can draft a Deed for several of the titled tenants to convey their interests over to the others. The derivation of... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: I need to find out if I have grounds to go after my realtor and her company?

She misrepresented us in selling our home. We got a cash offer and they told us that it was a bad deal on the legal side which they are not lawyers. They told us not to take it so we ended up losing the deal. They also mishandled the selling of our home. Causing us at this moment to lose out on a... Read more »

Jane Kim
Jane Kim
answered on Oct 16, 2022

What's bad about a cash deal? You signed an agreement to sell that showed the sale's price you agreed to. I assume you received that money. What can possibly be wrong "legally", as you say, if you received the cash you wanted to receive?

3 Answers | Asked in Real Estate Law for Florida on
Q: Hello I have a situation where I had lived with my grandmother and had joint tenancy with right of survivorship

She passed and the will says it goes to her daughter who does not live here anymore does the will over right the ownership I had

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 16, 2022

Your joint tenancy with right of survivorship means that the instant grandma passed, you became the sole owner of the house. The house is not an asset that can be devised to her daughter because she didn't own the home free and clear by herself when she died. It's the same as if she left... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: What can i do if i have a termite problem in a new house that the seller did not disclose with me?

The seller only owned the home for less than a year. They must have had to disclose that with her when they sold the house to her right?. Wouldn't then she have to have disclosed that with me?

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 14, 2022

Consult a real estate attorney asap. The monetary burden to rid your home of the termites will be yours, to be recovered as damages in a trial. If you have no experience dealing with termites, this is not the time to try home remedies or stuff you buy at Lowes. You must be ruthless and stop at... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: My son is the remainderman on my deed has no authority until myself & wife pass. Will he get the step up basis @ passing

Hi, I have a question I have a quitclaim deed that says my property address and the names of myself and my wife hereby remise, release and forever quitclaims all interest (100%) to myself and my wife.

Then it says Life estate without liability for waste, and with full power and authority... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 13, 2022

The remainderman probably is vested now, just not in possession. If so, then his basis should have been computed at the execution of the Deed. It would have been a small percentage of the value computed in accordance with the Treasury Regulations. Contact a competent FL attorney to determine... Read more »

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: My parents live in a mobile park owned by the local airport. The FAA is making them do away with the mobile park and

Residents will be displaced. Do they have an obligation to pay residents to relocate?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 11, 2022

If they own the mobile home but lease the land they are eligible for relocation assistance through the Florida Mobile Home Relocation Trust Corporation. It is administered by the Dept. of Business and Regulation (DBPR). They can contact DBPR at (850) 488-1122) for information.

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1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: In Florida St. 720.3086 Financial Report - it states the report may be posted. Is it legal to limit the time frame?

If the developer chooses not to mail the report, and not to publish it in a publication regularly distributed within the subdivision, can they "limit" the amount of time the report is "posted"? I requested a copy of last years report, but was told that was not possible because... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 10, 2022

The statute doesn't provide a time period it has to be posted and only provides it has to be posted within 60 days of the end of the fiscal year. Don't confuse this with Section 720.303(7), which requires a HOA to either mail you a copy or send you a notice it is available upon request.... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: real estate and money/transaction

Hi, so i have a bit of a longer story i purchased some property in florida and i opened a td account so i can do the transaction it was about a $130,000 and i had did a cash deposit for $45,000 after the transaction. I was told since i bought it under my personal name, I would have to pay tax. I... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 7, 2022

You would be well served to stop in place, and retain an experienced real estate attorney before you do anything else.

1 Answer | Asked in Real Estate Law for Florida on
Q: Do I have to disclose an arrest that ended in deferred prosecution and announcement of no information with DBPR

I’m trying to to get my real estate license and want to know if I have to disclose an arrest with the DBPR. I completed a deferred prosecution agreement and it ended with me getting a letter that said an “announcement of no information” was being issued because I completed the deferred... Read more »

James R. Dickinson
James R. Dickinson
answered on Oct 7, 2022

Licensing agencies are generally not limited in the ways an employer would be. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Florida on
Q: Is it legal for my aunt to go into my home without permission and go thru all of my things? I’ve only got 1100 left

And it’s mine, currently the home is technically still hers, so I don’t know if there is anything I can do about my aunt going into my home without permission. The home is in Texas btw

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 5, 2022

You will need to repost your question with some more facts, such as whether there is a lease, what does "technically still hers" mean and 1100 what?. You will also need to repost this to a category for Texas. The laws vary from state to state.

2 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for Florida on
Q: Can a quit claim deed be both a joint tenancy with survivorship rights and an enhanced life estate?

My cousin tricked my elderly mom into signing a quit claim deed with survivorship rights. When mom passed my cousin signed a QCD that stated it was joint tenancy with survivorship rights, but in the body of the deed it listed only one person as the grantee, it also has an enhanced life estate.... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 5, 2022

You need to take a copy of the deed to a real estate litigator as soon as possible. This is a very complex issue and a lawyer needs to see the actual deed to provide advice.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: A family member stayed in our home as a guest for ten months. Now they're refusing to leave. What are my rights?

They have no lease and have never paid rent.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 30, 2022

You have the right to file a court action for unlawful detainer. It's similar to an eviction but for guests who won't leave.

1 Answer | Asked in Real Estate Law for Florida on
Q: What is my rights if a partner does not want to pay 50% of damage to property which they are co-owner?
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 29, 2022

Take it out of their rent, share or eventual sale of the property by tracking these costs, if they are not a good partner in the property then buy them out, refinance or consider other options, but definitely track and keep records of all your costs and expenses for a later date in order to claim... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: Can I revoke a quit claim To some property while I am still alive
Barry W. Kaufman
Barry W. Kaufman
answered on Sep 26, 2022

No. A quit claim deed once executed, means that you have sold, for whatever price, the property to the other party, lock, stock, and barrel. A quit claim deed is not a gift, there's no revocation.

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1 Answer | Asked in Real Estate Law for Florida on
Q: What is the percentage I am allowed to raise a tenants rent when renewing their lease?

It is a condo in a multi family rental

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

There's no law in Florida that regulates rent. You can raise the rent as much or as little as you desire.

1 Answer | Asked in Real Estate Law for Florida on
Q: In Fla how often is a landlord required to paint my inside and outside of the house?

I've been here for 5 years and he has never asked if I needed or wanted a paint job on the inside. I pay a lot of money to live here and would like it done. Is it legal to make me pay the first 250 for a repair?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

Unless the lease obligates him to paint the house, he is never required by law to paint it. Did you agree in your lease tompay the first $250? If so, end of story.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I change my mind even though I accepted the investors offer to buy my house
Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

Not without significant legal consequences.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: FL apartment lease states tenant responsible for pest control contradicting Title VI 83.50 Can landlord deny lease to me

based solely on me refusing to be responsible for pest control pursuant to above statue? ( sorry that’s Title VI 83.51)

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

Probably. If he can't follow that statute, he's probably not following others. you don't want to rent from a guy like that. Go someplace else.

1 Answer | Asked in Real Estate Law and Civil Rights for Florida on
Q: Is a solar security camera considered a "renewable energy device"

I live in florida. Title XI Chapter 163 covers solar devices. It states "renewable energy devices" in the chapter and how an HOA cannot restrict their use. I have solar security cameras. They are a renewable energy device and I want to know if they are covered by this Florida law.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 21, 2022

More facts are needed. Does the HOA have a restriction against security cameras in its Declaration of Covenants, Conditions and Restrictions? If it does not then they cannot restrict your solar powered devices. I have yet to see Declarations that prohibit security cameras. The HOA may try to... Read more »

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Florida on
Q: Had a 2nd showing.Can you req a refund if the app is still not fully processed; bugs and odor?
Mark R. Osherow
Mark R. Osherow
answered on Sep 19, 2022

This is not enough information to accurately respond. But in general, it would depend on a number of factors, such as whether this is an "as is" deal, whether there is a mortgage contingency and whether that expired, etc. Also, are there conditions in the home which the seller was... Read more »

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