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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: If I am part of a shared easement with two other property owners, can I grant an easement of necessity to a third party?

I live in Okaloosa County Florida and I have two pieces of land that share a common easement with two other properties. The easement was created prior to the purchase to protect all parties as well as provide ingress/egress, access for utilities, etc. There is a neighboring property, located to the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 26, 2022

You could grant an easement across your parcels, but that wouldn't do the owner of the landlocked parcel much good unless the other landowners were to do the same.

2 Answers | Asked in Elder Law, Real Estate Law and Probate for Florida on
Q: What rights do I have living in the home of my partner who passed away? Children now own the house and

Probate has started. Can they come into and unto the property whenever they want or do they need to make an appointment with me?

Phillip William Gunthert
Phillip William Gunthert answered on Jan 25, 2022

I am very sorry for your loss on the passing of your partner, please accept my sympathy and condolences at this sad and difficult time. I would encourage you to check what the property deed says, Will and or Trust if any of those exist or if you know you were named or put on the deed. If you know... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: i purchased townhome in FL 7 years ago with a back porch. the hoa demands the permit now. the porch was buildt during c

construction in original build. hOa has no documents nor does the town. how am i responsible

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 24, 2022

Generally, the HOA only has five years to bring an action but there are exceptions, especially if the HOA could not see the back porch from the street. With satellite photographs becoming more easily accessible through county websites it could be the HOA only discovered it within the past five... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I would like to know if the hotel I stay at can keep making me switch rooms, I was in the one building where there is

Mold n Roaches and bad plumbing, I pay 674 a week for the room, they move me to a different room because of the plumbing back up, now they want me to move back to that room where the mold n roaches are. I don’t want to move, I was told I had to move back to the room I was in, I had no choice.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 24, 2022

Sure. You can move to a different hotel.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can a lawyer withdraw from a real estate sale and still charge for the part he has done?

In the State if Maine?

Jane Kim
Jane Kim answered on Jan 20, 2022

I am not licensed in the state of Maine, not sure why you posted this question under Florida, but I would assume it is the same in all states, a lawyer may charge for the work actually performed. Why not? There is no compulsion to perform free labor unless it is through a pro bono clinic or some... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: if 4 heirs agree to sign affidavits to give a house to 1 heir can the court make them sell the house at market value?

same question concerning a truck. Initally the estate lawyer said everyone could sign over their portions to 1 heir but now they are saying that even tho everyone is in agreement that the court is saying we have to sell at market value. Is that correct since everyone is in agreement?

Justin  Stivers
Justin Stivers answered on Jan 18, 2022

If I understand you correctly, there are a total of four heirs who are going to receive a home from a probate estate. Three of the heirs want to give the home to one of the heirs. Assuming that is correct, then no, I don't believe a judge would require you to sell the house a fair market... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: I asked my golf course association for copies of all my records VIA FOIA and was told I had to have attorney ask ONLY

My golf club didn't follow Florida statute 720.305, suspension of 1 year without interviewing me and was done in 3 days.

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 17, 2022

It depends on if your golf club is paid for with your annual HOA assessments or if it is operated independently. You would need to have an experienced association lawyer review your HOA documents if you are unsure. If you are sure it is paid for with your annual assessments and there is no... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: I'm a landlord in Florida. I just passed Florida real estate exam. My real estate license status is current inactive.

I didnt sign up with any broker yet. My tenants want to renew for another year. Should I disclose in lease agreement I'm preparing myself for my own lease that I'm real estate sales associate even though my license status is inactive? Also how do I sign the lease owner, landlord and real... Read more »

Jane Kim
Jane Kim answered on Jan 15, 2022

It is nice that you passed the test, but you are not a sales associate yet and you are not allowed to claim a fee until you have an active license which is associated with a broker. Simply lease it as an owner/landlord and do not claim a fee for that.

3 Answers | Asked in Real Estate Law and Probate for Florida on
Q: To chg home deed to me, (hubby died), Court: “just send new deed:warranty/quit claim/lady bird - can’t advise on which.”

Plus fees, death certificate. All I need to do. Just need to know which of those 3 deeds to send, pls.

Barry W. Kaufman
Barry W. Kaufman answered on Jan 12, 2022

You need to actually retain an attorney to make this decision. This is not something that any lawyer on the internet can advise you on.

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1 Answer | Asked in Real Estate Law for Florida on
Q: What is the best way to gift a property?

My parents want to add my name primary on a home they own and keep them as secondary so we can homestead the home in my name? What is the best way to do this?

Jane Kim
Jane Kim answered on Jan 12, 2022

There is no primary or secondary as it relates to the homestead exemption. Each owner must file for homestead exemption. The easiest way to transfer property between family is by a quitclaim deed, but that's not always wise.

1 Answer | Asked in Real Estate Law for Florida on
Q: To transfer house deed to me, (husband died), I need a new deed. Which, warranty, quit claim, or lady bird is correct?

And I need to send in his death certificate.

Michael  Mayoral
Michael Mayoral answered on Jan 11, 2022

I hate to not give you a simple answer on this, but it depends on a number of factors. You should contact a "probate" attorney in your area. That's the type of attorney who deals with transfers of property due to the death of a person.

1 Answer | Asked in Personal Injury and Real Estate Law for Florida on
Q: Can our HOA board controlled by Builder make us sign release to be on transition committee?

....and assigns release, waive, acquit and forever discharge and hold harmless Property Name, Inc., and each of its, successors, assigns, members, officers, directors, employees, agents, managers, management companies, servants, heirs, executors, administrators, insurers, attorneys, and persons,... Read more »

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

They can always ask but you do not have to sign it. I would recommend you not sign it without having a lawyer review the entire document, which may not be worth the cost, considering you are volunteering.

Developer-controlled HOAs will do or say anything because they are counting on you not...
Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: My husband died recently. He did not have a will. Will his death certificate be enough to sell the house.
Phillip William Gunthert
Phillip William Gunthert answered on Jan 10, 2022

I am very sorry for your loss on the passing of your husband, please accept my condolences. The answer to your question is maybe. You will want to get of the property deed and review it with the help of an attorney/probate, if the property was held as tenants by the entirety (husband and wife) the... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: own a home in Florida and would like to name a relative who lives in Puerto Rico as second on Deed of home.

To make it possible for this person to either refinance or sell home after my passing.

Phillip William Gunthert
Phillip William Gunthert answered on Jan 10, 2022

You will want and should speak with a Florida Estate Planning Attorney, just adding a relative to a deed can be problematic based on what you have described, you may want to discuss with an attorney the option to add the relative via an enhanced life estate deed (ladybird deed) instead as an... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Adding someone to the Deed or creating a Cohabitation Agreement?

I own a home, and my fiance lives with me and has put a substantial amount into the home. To protect her investment, we were looking into adding her to the title/deed. I am concerned about a few things I have read regarding this:

1. There is a mortgage on the home with an escrow account. Is... Read more »

Jane Kim
Jane Kim answered on Jan 6, 2022

These are all good questions.

Quitclaim deed will not trigger loss of homestead exemption as to you. If your fiancé lives with you, she'll need to complete a separate homestead application. You will only pay tax to the county on the amount indicated in the quitclaim deed, so it is...
Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Is it worth going after an HOA for an illegal charge? I have pointed this out to them several times.

I owned 2 commercial condos.

I was going to rent one and the HOA consulted an attorney without my knowledge and wanted me to pay fees.

I sold the unit in question and have an estoppel letter from the HOA for that unit.

I am now selling my 2nd unit and they have transferred... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 6, 2022

It depends on the amount of the charge and the language in the condo documents as to whether or not they can demand legal fees pre-litigation. Some documents do provide the association is entitled to pre-litigation fees. It would not be a case of slander of title unless an actual lien was filed.... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: In Florida, Can a voluntary Association transfer expired covenants (over 20 years expired per s.712) to an other group

and the other group revive the covenants and put their name on them and make them, and make them mandatory so the property owners have to pay them? This is with out votes...

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 3, 2022

It depends on what you mean by "group?" Revitalization is a very technical process and there must be a vote with a majority of the homeowners approving revitalization. If the revitalization was sent to the Dept. of Economic Opportunity (DEO) and obtained a confirmation, the homeowners... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: My husband and I paid off our homes prior to marriage. How do we add our son to each deed without adding each other?

E.g. FL Gen Warranty Deed: my name/grantor, son/grantee, $?, etc. So new deed would read me and/or son so it's easier for son to inherent when I'm deceased...? Then we do the same with husband's deed so husband and/or son owns property together. As both husband and wife want to... Read more »

Jane Kim
Jane Kim answered on Dec 29, 2021

The simplest way is Quitclaim deeds. But if these are single family homes, I'd highly recommend warranty deeds and paying for title insurance. Otherwise, your quitclaim deeds will invalidate title insurance you have today. And title insurance is important in FL. Boundary disputes, for... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Unit was sold midway through lease, estoppel clearly states security to be returned upon last day of lease , nothing in

Lease states any extended time for return, new owner states Florida law allows them 30 days to return security. I have read estoppel is last word and needs to be followed?

Barbara Billiot Stage
Barbara Billiot Stage answered on Dec 28, 2021

Florida law does provide 30 days to return a security deposit. If you are the tenant the problem you will have is you are not a party to the estoppel and it is very likely the buyer has not seen the estoppel. Even if the court were to grant you standing to enforce the estoppel, by the time you... Read more »

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Florida on
Q: Can I sue my apartment for not fixing the elevator I am disabled and have fallen, hurt myself having to walk the stairs?

Elevator has been out of order periodically my whole tenancy here, but recently it has been out of order for 90 days maybe more. I have fallen and hurt myself multiple times and almost fall down a flight of stairs everytime I have somewhere to be,

Barry W. Kaufman
Barry W. Kaufman answered on Dec 28, 2021

Maybe. You should contact a personal injury attorney in your area.

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