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?
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... Read more »
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!
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,"... Read more »
AS PR, do I have to get assignments to distribute commercial property with mortgages, or does the mortgage go with property automatically?
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... Read more »
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... Read more »
answered on May 22, 2023
Yes - if you request the information and that info is in their possession, but otherwise, probably not. Request copies of all contracts with such service providers, all invoices, all receipts for items purchased for the services, all documents showing materials and chemicals used, and whatever... Read more »
answered on May 28, 2023
I am adding to my prior answer here. I discovered that the Fla. Dept. of Agriculture and Consumer Services maintains a registry of persons wishing to be notified of the use of pesticides on properties adjacent and contiguous to the person’s primary residence. If your application to get on the... Read more »
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.
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... Read more »
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.
answered on May 19, 2023
I just wanted to add a couple of thoughts in addition to the above answer. If your agreement with your daughter is in writing and she owns the property solely in her name, you may have enforceable rights that would prevent her from excluding you from the property. If it is an oral agreement, your... Read more »
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.... Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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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... Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
My sister's were living in the condo with my dad until he died. Are any of all of us allowed to reside here until it sells?
answered on May 4, 2023
If the siblings are in agreement, then any one of them may stay in the property pending resolution of the estate. If there is disagreement, any sibling residing in the property to the exclusion of the others may be liable to the estate for a reasonable amount of rent. The Florida probate attorney... Read more »
a home and both of our names are on the deed and mortgages. He has become increasingly more emotionally, verbally, and mentally abusive so I am trying to move out but I have nowhere to go. I have invested thousands of dollars in this home and I cannot financially afford to live on my own without... Read more »
answered on May 3, 2023
While the action you would have to pursue is a Partition Action, which will cost both of you substantial legal fees most likely, I would advise impressing this upon him and reaching some reasonable refinance, buyout or similar resolution without having to resort to litigation for Partition. If this... Read more »
This is in Florida. I have lived here more than 10 years and he had my mom sign a quit claim deed 2 weeks before she died, however she was heavily medicated and in hospice. Last week he told me he wants my kids and I to move so he and his new family can have the house. He has never invested a... Read more »
answered on Apr 29, 2023
Presumably your mother died four years ago. Obviously, you are aware that there is an issue with the quitclaim deed. The statute of limitations for adverse possession is seven years, but all the detail you give about your taking care of the property expenses, your brother rarely visiting the... Read more »
This is in Florida. I have lived here more than 10 years and he had my mom sign a quit claim deed 2 weeks before she died, however she was heavily medicated and in hospice. Last week he told me he wants my kids and I to move so he and his new family can have the house. He has never invested a... Read more »
answered on Apr 29, 2023
First, you can challenge the quitclaim deed from your mother to your brother under the legal theory that your mother was of unsound mind at the time of the execution of the deed. If you are successful, the property would then pass according to your mother's will if she had one or to her heirs... Read more »
I moved into a condo in Bradenton from New York. My HOA instructions and unique pin for accessing the payment portal was sent to the wrong address for consecutive months. I had asked 3 times for my management to send the paperwork to my new address. For this reason I was unable to pay my dues at... Read more »
answered on Apr 27, 2023
These are particularly troublesome issues to deal with because Florida law does not favor owners in these situations and owners are not familiar with dealing with the ins and outs of living in a community association, especially if you are just moving to Florida.
The first thing you... Read more »
I am a new member of the Board of Directors for my HOA. In the certification course for new directors, we were told that architectural reviews must be conducted in public meetings just like Board meetings. However, members of our Board who have been members for years say that our association's... Read more »
answered on Apr 14, 2023
Architectural reviews are required to be discussed and approved at open meetings if the committee has final say. If the board is reviewing them they need to be reviewed at board meetings. While your documents could possibly provide for a different method, unless your documents are really old,... Read more »
This is for Florida
answered on Apr 14, 2023
For sellers, the existing brokerage relationship would need to be terminated with the Modification to Listing Agreement (MLA-5x) form. The seller would then need to sign an Exclusive Right of Sale Listing Agreement with the new agent. For buyers, you can write to your agent letting them know that... Read more »
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