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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Florida on
Q: lease 2/2020-6/2024 can rent be raised with a certified letter of addendum to lease

• RENT PAYMENTS, TAXES AND CHARGES. Tenant shall pay total rent in the amount of $ 19,200.00

(excluding taxes) for

Lease Term.

MISCELLANEOUS.

A. Time is of the essence of the performance of each party's obligations under the Lease

The Lease shall be... View More

Jane Kim
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answered on Aug 31, 2022

A quick answer is No unless the original lease allows for rent adjustments.

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: Buying a house with a current leased solar panel agreement - seller says buyer must assume lease. What if I don’t?

In other words, what if we go through closing, everyone signs the paperwork the title company has for the sale of the property (none of which includes the solar lease), and I just don’t assume the solar lease? The only thing about the solar lease is the wording “buyer must assume solar lease”... View More

Jane Kim
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answered on Aug 29, 2022

You need to have a lawyer review the lease agreement with the solar company, whether the lease is assignable (probably) and what the remedies against you might be. It might list repossession as the only option, which is what you'd want anyway.

You agreed to the lease in the contract....
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2 Answers | Asked in Real Estate Law for Florida on
Q: Is there anything the seller can do after they've signed the contract and closing is done and it's already been recorded

I recently purchased a home from a lady and everything had been signed everything have been recorded everything have been paid and her son shows up harassing me at the house because he feels like she didn't get enough money is there anything that they can do besides embarrass me and try to run... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 28, 2022

Tell him that the next time he sets foot on your property, you are calling the cops because he is trespassing. And do it, and press charges. Hire an attorney for about $100 or so to write the guy a strongly worded letter.

There is no justification for this clown's behavior, so if it...
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4 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I am buying a house that has a leased solar system installed on the roof. The seller wants me to assume the lease.

The AS-IS CONTRACT to purchase the house, under the “Additional Terms” section, includes the statement “Buyer agrees to assume the terms of the solar panel lease.” After speaking with the solar company multiple times, I’ve gotten wildly different amounts from them (to either pay off the... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 28, 2022

You will need or want to continue negotiating until you can reach agreement that resolves or addresses the solar panel issue. I would strongly encourage you get a clear answer from the solar company (which they are not doing and is already a terribly bad sign). You will need to negotiate on who... View More

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1 Answer | Asked in Bankruptcy, Estate Planning and Real Estate Law for Florida on
Q: My mother has cancer. We are in Florida. The Mortgage for my house is in my step fathers name. The title is in my name

and my step fathers. My question is can they come after my house for my mothers medical bills? A lein ect? Should I try getting my step father off of it?

Timothy Denison
Timothy Denison
answered on Aug 25, 2022

No. Not unless you signed to be responsible for your mothers debt. They would be subordinate to the mortgage in any event.

1 Answer | Asked in Real Estate Law for Florida on
Q: How do I get a cease and desist order or injuction to stop an unapproved condominium association project in Fl.

A roof replacement project was initiated by our HOA Board without approval from the community.

On March 14, 2022 a meeting and vote was held in accordance with Article XXI, Section 1(c) of the Laurel Oaks Association’s Declaration of Condominium states that “the approval of 75% of... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 22, 2022

These types of cases are difficult at best because they frequently involve materials that are no longer available and the building department requiring the association to bring the roof to code if it is being replaced.

To get an injunction to stop the project, you have to hire a lawyer with...
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1 Answer | Asked in Real Estate Law for Florida on
Q: My home builder is not fulfilling our home warranty that they signed. What can we do?

We signed a home warranty for a year and have been needing windows replaced since before we closed for 4-5 months now and have not gotten them replaced.

Jane Kim
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answered on Aug 22, 2022

That would be breach of warranty. You'll need a litigation lawyer for that one.

Good luck.

1 Answer | Asked in Real Estate Law for Florida on
Q: I sold a piece of vacant land and the people stop making payments to me. Can I foreclose on the property

It’s have back taxes and it is going up for tax sale soon

Jane Kim
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answered on Aug 22, 2022

Yes, most definitely. But how did you sell it? Do you still hold title? Did you record a mortgage? If you did not sell it correctly, your only remedy might be to sue that person for damages. It really depends what you did at the time of sale.

1 Answer | Asked in Real Estate Law for Florida on
Q: We have a contract signed in October 2021to build our house on a lot we purchased in Florida. Three months ago we found

out that the house design would not fit on the lot due to a conservation easement. This easement was missed by the surveyor and the building department that issued the permit. This easement was bought to the attention of the building department by a neighbor. The builder told us to find a new lot... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 20, 2022

Your best option is to stop thinking this is a simple transaction like buying a burger at Mickey Ds. I recommend that you retain a real estate attorney asap.

2 Answers | Asked in Real Estate Law for Florida on
Q: quit claim deed signatures only had 1 witness is it valid

deed to add me had 2 witnesses deed to remove me only has 1

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 19, 2022

No, it would not be, the requirements for a valid deed are as follows;

You can read the specific requirements in Fla. Stat. § 689.01, which lists three basic requirements for the validity of a Florida deed:

The deed must be in writing;

The deed must be signed by the...
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2 Answers | Asked in Real Estate Law for Florida on
Q: Hello, I am forming a real estate brokerage in Florida as an LLC with two partners. I am the managing broker.

The other two are not licensed in real estate. Is it correct for me to file as MGRM and them to file as AMBR?

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2022

This material is covered on the the 72 Hour Broker Pre License Course, that: Only real estate brokers can own and maintain a real estate office in Florida.

https://www.mlscampus.com/blog/162-broker-s-office-requirements-in-florida

I highly recommend to contact FL DBPR before you do anything.

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1 Answer | Asked in Contracts, Real Estate Law and Business Law for Florida on
Q: Do I have a case?

A leasing company has deceived us out of 5k. The funds were paid in order to receive the keys to move in. We were not able to accrue the full amount so the company canceled. I was told over the phone and text that we would be refunded in 30 days, now they are saying otherwise. This was July 6th.... View More

Jane Kim
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answered on Aug 18, 2022

I do not know the reasons stated for keeping your money. But typically, no one is entitled to keep the money without providing an actual service. Sounds like you might have a case.

You might want to go to small claims court which is set up for parties without lawyers.

2 Answers | Asked in Business Law, Contracts, Landlord - Tenant and Real Estate Law for Florida on
Q: Can we sue a seller for our home if he breaks a rent to own contract?

My husband and I entered into a rent to own contract 3 years ago. We have followed the contract faithfully, including paying all property taxes for the last 3 years on the home and sending a certified letter of intent to buy before the due date on the contract. The property is owned by a company... View More

Michael  Mayoral
Michael Mayoral
answered on Aug 16, 2022

You need to contact an attorney who handles contracts, business litigation, or real estate disputes and present them with all of the agreements and/or contracts concerning the property/sale, as well as the information for the property so that the attorney can research the property's chain of... View More

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3 Answers | Asked in Real Estate Law for Florida on
Q: can i be taken off a quit claim deed without resigning a new document

i was put on deed in 2014 and recently taken off without my knowledge

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 16, 2022

If someone filed a quitclaim deed without getting your signature, you would need to hire a real estate lawyer, preferably a real estate litigator, to resolve the issue unless the person who prepared the deed is willing to record a new one putting the property back in your name.

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2 Answers | Asked in Real Estate Law for Florida on
Q: A resident with FL Homestead; the deed states joint-ownership with right of survivorship. What are my rights?

I am a resident homeowner with FL Homestead however, the deed states joint-ownership (Mother) with right of survivorship. The deed was recorded in 2012. The property was originally part of a relative's estate. The mother does not reside at the property. An uninvolved party (claiming a POA)... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 15, 2022

50% if they are equal owners as you have stated. Forcing the sale is not easy, they will have to pursue a partition action, for your purposes, you should try to work something out, agree to sell, buy them out, whatever the case might be other than partition, because forced partition will take time,... View More

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2 Answers | Asked in Civil Litigation, Estate Planning, Family Law and Real Estate Law for Florida on
Q: Is there a way to sell or gift an inherited house to my daughter then sell it.

I pay 850 for child support with 1000 extra billed to me a month by mistake. I owe 110000. It is just my daughter and I and I am going to lose this house for back property taxes. I am not trying to dodge any legit payment I owe I am only trying to help my daughter and I survive. I am on disability... View More

Michael A. Anidjar
Michael A. Anidjar
answered on Aug 14, 2022

It is not exactly clear what has happened or will happen when you state in your question "sell or gift an inherited house" since inherited is past tense, does not clearly indicate if ownership has been accepted/acknowledged.

I also do not understand what you mean by the $1,000...
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1 Answer | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Florida on
Q: What can be done if you rent from your significant other family and they force you out, threaten to call police

On 10-15/22 I was forced to leave a mobile home I had been renting from my ex-boyfriends family , I had been at work and returned home to my kids scared and panicking due to the nature of words and actions that had been taking place and I arrived home to me and my kids belongings being thrown out,... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2022

Florida Statute 83.67 (6) provides that:

"A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees. Subsequent or repeated violations that...
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1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Florida on
Q: Florida statue 95.18 question is about the "or" meaning you have a claim if you complete A,B, and

or when those under whom the possessor claims meet these criteria, the property actually possessed is held adversely if the person claiming adverse possession: A, B, & C not having possessed property for 7 years but did A,B, & C. In C it states: Has subsequently paid, subject to s.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 4, 2022

If I understand correctly, you are asking whether the adverse possessor, after complying with the tax requirements of Florida Statute 95.18 (1) (a)-(c), must still continuously possess the "property under a claim of title exclusive of any other right" for 7 years. Yes.

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: I loaned my mother $43,000 @ 7% interest per annum secured by a promissory note, payable upon her death.

I loaned my mother $43,000 @ 7% interest per annum secured by a promissory note, payable upon her death.

The agreement between us was that her house would be use to pay the bulk of the note. When she died we were advised by the estate attorney that the Florida Homestead law would prevent... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 4, 2022

The short answer (and my legal advice) is to follow the correct advice given to you by the attorney probating your mother's estate because the estate attorney will fight you in court over this issue--using your mother's money.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: My uncle passed away leaving a wife and three children, no will only his name on everything. Can I fight for his estate?

My uncle was close with his mother, brother and sister. We had family gatherings at my grandmas house all the time. He was at my grandmas house more than he was at home with his wife and children. He was married for 29 years and did not add his wife’s name on his bank accounts, business or real... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 3, 2022

You can spend your money fighting for his estate as you choose, but his estate is going to be disbursed pursuant to law. You might want to spend a few bucks on a lawyer before you get too involved.

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