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It's the Law

  • It's The Law: Driver in front might be liable for rear-end collision Published 12/24/2013 at 1:00 p.m. 2 comments

    Question: I was rear ended in a car accident a while back. My insurance company paid for the damage to my car and I wasn't really hurt. Now I am being sued by the driver of the car that hit ...

  • It's The Law: Disclosure required in HOA and condo sales Published 12/17/2013 at 2:29 p.m. 0 comments

    Question: I am selling my condominium. My friends tell me I will need to give the buyer a whole lot of documents concerning the condominium association and the same documents for the homeowner association. I am confused. Can you help ...

  • It's The Law: A gift by any other name Published 12/11/2013 at 4:00 a.m. 0 comments

    Question: It is that time of year. I do not believe in Santa Claus, but I believe my fiancé should give me the gift she promised. She got mad at me and says she took it back to the store. ...

  • It's The Law: Florida is an employment at will state Published 12/3/2013 at 10:14 a.m. 1 comment

    Question: I just got fired for no reason. Can an employer do that? Answer: Florida continues to be governed by the common law doctrine of employment at will. Unless you have a contract for a definite term of employment or ...

  • It's The Law: Pre-suit arbitration may be required in condominiums Published 11/5/2013 at 5:22 p.m. 1 comment

    Q: I have a dispute with my condominium association and want to file suit. The board of directors told me I cannot file suit, but have to go through arbitration. Can you explain?

  • It's The Law: Florida domicile – How to get it Published 10/25/2013 at 10:29 a.m. 0 comments

    Question: I understand there are some real benefits to making Florida my domicile. Can you highlight some of those benefits and explain domicile? Answer: Florida domicile has been defined by the courts as "the permanent residence of a person or ...

  • lt's The Law: Seller has options when buyer defaults Published 10/22/2013 at 10:38 a.m. 0 comments

    Question: I have a contract for sale of my condominium. The buyer told me he no longer wants to close. Assuming the buyer fails to close, what options do I have? Answer: In any breach of contract case, the first ...

  • lt's The Law: Homeowner association has super priority – usually Published 10/15/2013 at 8:46 p.m. 0 comments

    Question: I am president of a homeowners association. I have been told that Florida law gives homeowner association liens a super priority. Is that correct? Answer: Section 720.3085 of Florida statutes attempts to give homeowner association liens super pr

  • lt's The Law: Promise to make a will must be written Published 10/9/2013 at 4:00 a.m. 1 comment

    Question: My neighbor offered to leave me a substantial gift in his will if I would take care of his yard for the rest of his life. If I take care of his yard, will I be able to collect? ...

  • lt's The Law: Partition can cure property dispute Published 10/1/2013 at 3:38 p.m. 0 comments

    Question: I own a house with a former friend. We are supposed to be 50/50. He has not been paying his part of expenses and I want to sell the house and be done with it. He refuses to sell. ...

  • lt's The Law: Alimony comes in many forms Published 9/24/2013 at 12:36 p.m. 0 comments

    Question: My wife is suing me for divorce. When I read through her petition, I got to the end and she is asking for alimony. Not just any alimony, but all kinds of alimony like permanent, rehabilitative, lump-sum and others. ...

  • It's The Law: Sale of limited common element can be tricky Published 9/19/2013 at 10:38 a.m. 0 comments

    Question: I am selling my condominium unit. I bought a boat slip at time I bought my unit, which is a limited common element. I have a possible buyer, but the buyer is not interested in the boat slip. Can ...

  • It's The Law: Attorney might bind client Published 9/6/2013 at 11:33 a.m. 0 comments

    Question: I have been working on a contract. We made some changes and the attorney for the other side signed the changes. I asked for his client to sign, but he told me his signature was good enough. A few ...

  • It's The Law: Creditors can reach revocable trusts Published 8/30/2013 at 4:54 p.m. 0 comments

    Question: I want to protect my assets from creditors. I am thinking about creating a revocable living trust and transferring the assets to the trust with me as trustee. Is that a good idea? Answer: Creating a revocable trust can ...

  • It's The Law: PIP law explained Published 8/29/2013 at 1:24 p.m. 0 comments

    Q: I just moved to Florida and understand I am supposed to have PIP insurance for my car. Can you explain what that is? A: Florida requires automobile owners maintain personal injury protection ("PIP") insurance coverage. The insurance is a ...

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