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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Florida on
Q: If you are co-owner with a person on a house deed can they be removed if they don't pay their part in property taxes?
Rand Scott Lieber
Rand Scott Lieber answered on Jul 26, 2021

They can only be removed if they agree (voluntarily by signing a deed) or by court order if you file a lawsuit to remove them.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Who gets a house upon the demise in this situation?

My grandfather wants to remove my aunt from his deed. He has listed my mother as his beneficiary in his trust and the house is listed in the trust. My question is, since my aunt is listed on the deed , who will get the house? Does the trust take precedence over the deed? My aunt is not complying... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jul 26, 2021

You need to speak with a Florida Estate Planning and Probate Attorney and get a copy of the current deed and have it reviewed. Based on the type of deed and how the property is held will determine what can or needs to be done. Generally speaking, a valid deed will be enforced above a Will and Trust... Read more »

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1 Answer | Asked in Real Estate Law, Child Custody and Child Support for Florida on
Q: What are my rights if my fiance is cheating on me and we have a 2yr old and own a home together in Orlando FL

I would prefer to keep the house and just refinance without him on there, but I am not sure I can afford it, although I was head of household for 2020.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 26, 2021

If you are not married, you can't seek a divorce (or dissolution). Thus the laws for disposition of marital property do not apply. Instead, you would have to sue him for "partition" of the property. The property would be sold and each of you would get part of the proceeds.... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Will I get my earnest money back if the seller couldn't make closing due to a roof install?

We went under contract on a home in FL on 5/17 that was undergoing a roof install. At time of contract, the roof was off the home. A closing date of 6/24 was set, and we as buyers fulfilled all contractual agreements and were ready to close. On 6/24, the sellers requested an extension until 7/16... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 25, 2021

You should; that's what an earnest money agreement means. But, of course you should have an attorney review the contract.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I sue for abandoment to a part ownership of a property

I am 3quarters ownership of a property.  One of the other owners has not helped or offered to pay the up keep, taxes or the insurance.   It has been 9 years now.   Can we sue him for abandoment? Or what can I do

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 25, 2021

You sue for partition. Usually the remedy is to sell the property and divide up the proceeds, giving you credit for the upkeep, taxes, and insurance you paid. If you want, you could buy the property at the sale.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Can a manufactured house dealer force receipt of a house without them first getting a permit or us having the space?

Last month it's discovered that the easements require a 100' setback, not the 50' that shows up on the survey we were given by the seller which makes it impossible to build anything without a variance.  Got the meeting for that, all is well, hearing set for mid Sep. Friday my... Read more »

Jane Kim
Jane Kim answered on Jul 24, 2021

Your written agreement with the house dealer should have all the answers.

3 Answers | Asked in Real Estate Law for Florida on
Q: I just got an offer to buy my house for Opendoor.I am skeptical. What should I beware of?

We had a virtual walkthrough on Tuesday, and they sent an inspector to view the outside of the house yesterday, sending their offer last night via email. I'm skeptical, as I feel the offer was a good one. I have signed nothing, and accepted nothing so far. What are my caveats?

Jane Kim
Jane Kim answered on Jul 23, 2021

The process and the offer may be absolutely legitimate, however, it is obvious you are unsure and need a lawyer to confirm. It is impossible for a lawyer to advise you without reviewing the proposed transaction. It will cost you a few hundred dollars to know.

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1 Answer | Asked in Real Estate Law for Florida on
Q: can HOA BOD say only board members can collect proxies for upcoming capital expense vote or can neighbors collect also
Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 23, 2021

Anyone can collect proxies. In fact the proxies also need to give a space for the member to appoint someone other than the association in case they want to exercise that option.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: If there are multiple owners of a property, can one or two people do a quick claim deed for their portion

THERE ARE 45 OWNERS OF A PIECE OF PROPERTY, SOME WOULD LIKE TO SIGN IT OVER TO THE CITY WHERE WE LIVE. SOME DO NOT. CAN SOME PEOPLE DO A QUICK CLAIM AND BE FREE OF ANY OWNERSHIP/LIABILITY? OR MUST EVERYONE DO A QUICK CLAIM?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 23, 2021

Perhaps. How was this divided ownership come into existence? And what sort of potential liability are you concerned about? Strictly speaking, the grantee (the city) would have to accept the gift to make it complete.

It's "quitclaim", by the way; it means to surrender or...
Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: A roofer tarped my roof & covered my neighbors garage. My neighbor is demanding I pay to remove it. Am I responsible?

I had my roof tarped. The roofers tarped my neighbor's side of the garage & were gone before we realized what was done. I live in a townhome. My neighbor & I assumed my roof claim w Citizens would be resolved quickly, however, I am now involved in a lawsuit. I've contacted the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 21, 2021

It is unclear what you mean about your "roof claim w Citizens", and by "I am now involved in a lawsuit". Has your neighbor sued you or not? It doesn't appear you would be liable, although the contractor probably would be.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can HOAs in Florida change their rules relative to no longer allowing (or limiting time on property) boats already here?

We bought our property knowing boats were allowed without limitations. We now own a boat and the HOA wants to change the rules. Shouldn't "grandfathering" be allowed so that the rule change doesn't damage owners who already have a boat on property?

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 21, 2021

Grandfathering does not apply to movable objects. HOA documents generally allow the board of directors to adopt "Rules and Regulations" with a board member vote. Generally, the Declaration of Covenants, Conditions and Restrictions require a membership vote, but not always. Whether or... Read more »

2 Answers | Asked in Real Estate Law, Construction Law and Landlord - Tenant for Florida on
Q: I'm a tenant at an apt bldg. They were given a 45 day notice to do an inspection. Am i obligated to pay rent ?

the company has 45 days to higher a structural designer to certify the bldg is in habitable condition, or, pull permits and do the repairs in that timespan. Am i obligated to pay rent under these conditions, knowing the bldg is poss going to be evacuated for repairs or possibly shut down?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 20, 2021

Of course you are required to pay rent.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can I include a partial amount owed, to the grantor, in a quit claim deed?

I'm getting my brothers to sign over their interest ,to me, in a house we inherited in Tarpon Springs. I would like to use a quitclaim deed. Do their spouses need to sign? I paid them each part of what I owe. The rest to be paid at a later date. Can I include a lien for the amount owed in a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 19, 2021

You use a mortgage (not some other form of a "lien") to secure a promissory note. Yes, their spouses should sign. And since you are paying good money for this, you shouldn't accept a quitclaim deed; use a warranty deed. You and your brothers really should do this with the help of attorneys.

1 Answer | Asked in Criminal Law, Real Estate Law, Traffic Tickets and Landlord - Tenant for Florida on
Q: Can a resident of a MH park be charged with trespassing for walking through an easement that belongs to the park?

I friend of mine is being threatened with eviction for trespassing on an easement that belongs to the park and is there to allow access to another piece of land. On some maps and map apps it even shows as being a street.

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 17, 2021

You should not be soliciting legal advice for your friend, no matter how good your intentions are. That would be practicing law without a license and a felony.

Your friend needs to consult with a real estate attorney to review the plats and easements. The simple and less expensive option...
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1 Answer | Asked in Contracts, Real Estate Law, Federal Crimes and Probate for Florida on
Q: forced to sign a note . that reads i agree to pay 8.297.00 a month at 20 % forever. nothing about total are what its for

seller who forced this signing . sold the me the property on 11/22/13. 10 month before a probate was filed .knowing of new ownership pending via back taxes . i was at 6k in the rehab and 4.3k paid to him . when it hit. after 6 months of wondering the halls of justice. this one lady in the probate... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 17, 2021

I am not sure what your question is because you do not actually have one, but I can tell from the facts you need to hire a real estate litigator immediately. The facts are too many to rely on general advice from an online forum. No one should buy real estate in Florida without having an attorney... Read more »

3 Answers | Asked in Real Estate Law for Florida on
Q: My name is on the deed for my mother’s rental property in FL. Can I be sued if a lawsuit comes against the property?

My mother inherited a paid off home in Florida that she now rents out. She added me to the deed several years ago, but I just found out tonight that she doesn’t have insurance on the house (which is not required if the house is paid off, but doesn’t make any sense to me to be uninsured). I am... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 12, 2021

Yes, it's true that you could be sued if someone claims that they were injured as a result of the owners negligently allowing a hazardous condition to exist on the property. That doesn't necessarily mean the plaintiff would prevail, but yes you could be sued.

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2 Answers | Asked in Civil Litigation, Estate Planning and Real Estate Law for Florida on
Q: My father passed in 2016. I have not talked to my stepmother since. What are state laws for inheritance?
Phillip William Gunthert
Phillip William Gunthert answered on Jul 4, 2021

You need to speak with a Florida Probate Attorney in order to provide additional details and specifics of the circumstances. It has now been 5 years, someone should have contacted you long ago if there was a probate and you were named in the Will/Trust/Deeds or on any other accounts and or assets.... Read more »

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3 Answers | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Real Estate Law for Florida on
Q: Did my landlord violate my privacy?

So, I know I'm in the wrong too, but I need to see the best way to go about this. I have outside cats and just move where the landlord doesn't want animals, but they are outside cats. For my own reasons, I didn't mention it and just need a week or so for them to get use to their new... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 2, 2021

Sorry, but you probably violated your lease (which we cannot review here online), requested service and now are upset the landlord found out you have cats in his house. It is logical to check each AC vent when there is a complaint the AC is not working properly. A landlord in Florida has the... Read more »

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4 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: I got divorced in 2019 & have been awarded our house. How do I get ex-husband name off deed & mortgage? Tried having

Tried getting him to sign the quick claim deed form however he refused to do so. Help please!!

Opal Phiona Lee
Opal Phiona Lee answered on Jun 30, 2021

Usually the marital settlement agreement and final judgment contain language of how the property should be transferred. Did it state husband should sign a quit claim deed within a certain amount of time? It is best you consult with one of us divorce attorneys who can review the documents and see... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: I signed a quit claim deed and the previous owner has since passed away and now I have a man asking me for rent

no mortgage that i know of through a bank or company but this man i have never met feels i should pay him rent? What have i done? I thought the money i gave the previous owner bought the house and land free and clear. What do I do now? What if the previous owner had a legally binding contract with... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jun 29, 2021

You need to do what you should have done in the first place and hire a real estate lawyer to review the transaction. It could be possible the person you thought you were purchasing from did not have clear title to the property. It could be this unknown person demanding rent is attempting to scam... Read more »

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