IT'S THE LAW: Lease renewal may not last forever
Published 03/05/2009 at 8:07 p.m.
Q: I own a commercial building that I leased to a tenant some years back. The lease is for a five-year term with automatic renewals for additional five-year terms unless the tenant gives me notice of termination. The formula for ...
IT'S THE LAW: Contract can set amount of damages for breach
Published 02/26/2009 at 9:47 p.m.
Q: I signed a contract to sell my condominium and the buyer backed out. I was lucky to sell it to another buyer, but it sold for $40,000 less than the first contract. The buyer under my first contract claims ...
IT'S THE LAW: Alimony might not be forever
Published 02/12/2009 at 8:39 p.m. 3 Comments
Q: I got divorced a while back and was ordered by the judge to pay my ex-wife alimony. Since my divorce, my ex-wife got a new job and makes a lot of money. She has also been living with a ...
IT'S THE LAW: What to do when your co-owner bows out
Published 02/05/2009 at 9:04 p.m.
Q: I own property with a friend of mine. We are supposed to pay everything 50/50. He has not paid anything toward property expenses for a long time. What can I do to collect my money?
It's The Law: Stopped for a DUI -- The dos and don’ts
Published 01/30/2009 at 4:50 p.m.
Q: A friend of mine recently got charged with DUI. After meeting with a lawyer, he was told that he did all the wrong things during the stop. That has me thinking what are the right things to do? What ...
IT'S THE LAW: Mortgage foreclosure can evict tenant
Published 01/22/2009 at 7:40 p.m. 2 Comments
Q: I rent a home from my landlord. I was served with a summons and complaint in a mortgage foreclosure case in which I was named as “unknown tenant.” Can I be evicted by the foreclosing mortgage holder?
IT'S THE LAW: ‘Lien’ on me
Published 01/15/2009 at 8:34 p.m.
Q: I own a painting company. I recently filed a lien against a condominium association that hired me to paint the outside of the condominium building. The president tells me that my lien is no good because it had to ...
IT'S THE LAW: Can you sign away your child’s rights?
Published 01/08/2009 at 8:02 p.m.
Q: My son wanted to ride go carts at a local track. Before the track let him ride, I had to sign a release form on behalf of my son. My son ended up driving off of the track and ...
It's The Law: Contract guarantee may not be enforceable
Published 12/31/2008 at 5:39 p.m.
Q: A few years ago I was in business with a partner. He took over the business, and now the landlord claims I owe money under a lease because I signed a guarantee. I am not in the business any ...
It's The Law: Who’s the boss?
Published 12/24/2008 at 3:39 p.m.
Q: I live in a condominium. Ours is part of a bigger development. Under the covenants of the bigger development, a master homeowners association was also created. When I asked the president of the master association to take action against ...
It's The Law: Condo associations hurt by mortgage meltdown
Published 12/16/2008 at 3:39 p.m.
Q: I am on the board of directors of a condominium association. A few owners have stopped paying assessments and are rumored to be in mortgage foreclosure. Some of these units have not paid assessments in over 12 months. What ...
It's The Law: Foreclosure, forbearance, forget it
Published 12/11/2008 at 3:42 p.m.
Q: I am behind in my mortgage and I am afraid I will lose my home through foreclosure. What might happen if I don’t get enough of money to pay the mortgage?
It's The Law: Learn about the new custody provisions in Florida
Published 11/13/2008 at 1:14 p.m.
Q: I am getting divorced. A friend told me Florida has a new law about child custody. Will that affect my case? A: Earlier this year, Florida’s Legislative modified the child custody provisions of Florida Statute Chapter 61. That chapter ...
It's the law: Can attorney fees be recovered after a legal suit?
Published 11/04/2008 at 4:48 p.m.
Q: A company I do business with has threatened to sue me. I know law suits can be expensive and am wondering if I will be able to get my attorney fees paid as part of the suit?
It's the law: Personal injury award can be divided in divorce case
Published 10/28/2008 at 5:40 p.m.
Q: I was in a car accident and am in the process of settling my claim for a substantial amount of money. My spouse just filed for divorce and claims my personal injury award is subject to division in our ...
It's the Law: Deceptive and unfair trade practices act may relief borrowers
Published 10/22/2008 at 3:31 p.m.
Q: I have an adjustable rate loan and my monthly payment has increased a lot during the past two years. At the time I got my loan, the lender showed me a chart under which my monthly payment would only ...
It's the law: Short sales and deeds to lenders can be an option
Published 10/14/2008 at 5:52 p.m.
Q: I am in over my head on a condominium and cannot make the mortgage payments any longer. Friends of mine have told me I should try a short sale. Other friends tell me I should just deed it back ...
It's the Law: Unwanted developments
Published 10/07/2008 at 1 p.m.
Q: I have a contract to purchase a condominium under construction. I just got an updated budget from the developer, showing an increase in the annual expenses and assessments. Can I terminate the contract?
It’s the Law: Do I have to pay the mortgage of a property I just inherited?
Published 09/30/2008 at 12:15 p.m.
My uncle left me a condominium in his will. I just found out the condominium has a mortgage on it. Will I have to pay the mortgage or will the estate pay it off before I get the condominium?
It’s the Law: Are you dealing one party or two?
Published 09/22/2008 at 9:24 p.m.
Q: I made an offer to purchase some property. The husband and wife owners signed the contract, but made changes. The husband brought me the contract. I made additional changes and the husband and I both signed it. Now, the ...
It’s the Law: Backup contract is a weak position
Published 09/15/2008 at 12:11 p.m.
Q: I found a condominium that I really liked, but it went under contract just before I made an offer. The owner and I agreed to enter a backup contract. Closing under the earlier contract has been extended three times. ...
It’s the Law: An effective collection tool
Published 09/08/2008 at 4:52 p.m.
Q: I got a judgment against someone that owes me money. Then I found out the judgment is not automatically paid and we do not imprison people for failure to pay debts. I know this guy has a lot of ...
It’s the Law: When to end child support
Published 08/31/2008 at 7:17 p.m.
I am paying child support for my three children. One of my children turns 18 soon and I plan on reducing my payment by one-third. My ex-spouse tells me I have to go to court to do that. Can’t I ...
It's the Law: Building? Understand the contractor’s agreement first
Published 08/24/2008 at 7:41 p.m.
Q: I am ready to sign a contract with a builder. He has a clause in his contract that states he is not liable for any damage or injuries to me or anyone on the property with my permission, including ...
It’s the Law: Is my divorce settlement void if we re-married?
Published 08/19/2008 at 11:27 p.m.
Q: My wife and I were previously divorced. We had a marital settlement agreement in our divorce case. We later remarried and are now getting divorced again. Is the settlement agreement from our first divorce still binding?
It’s the Law: My tenant does not want to pay — can I evict him?
Published 08/11/2008 at 7:46 p.m.
Q: I have a tenant that stopped paying rent. He tells me I cannot just throw him out. Is he right?
It’s the Law: Can I force someone to pay me when court said they should?
Published 08/04/2008 at 5:49 p.m.
Q: I sued someone and got a judgment that states the defendant owes me thousands of dollars. He has not paid me. How can I force him to pay the judgment?
It’s the Law: Contract ambiguity can be fatal
Published 07/27/2008 at 7:05 p.m.
Q: I am selling some property on my own. I wrote up a contract with a buyer and we now disagree on what the contract means. How will this get resolved?
It’s the Law: Statute of limitations may keep you from collecting old debts
Published 07/20/2008 at 9:44 p.m.
Q: I loaned a friend of mine some money a long time ago. He never seemed to have any money, so I did not try to collect the debt. Last week, he won the lottery and I want my money. ...
It’s the Law: Waiver of liability is generally enforceable
Published 07/10/2008 at 4:39 p.m.
Q: Last week I took a parasail ride. The operator required me to sign a form entitled “release and waiver,” releasing the operator from liability in case I got hurt. Are those releases enforceable?
It’s the Law: There are many uses for trusts
Published 07/09/2008 at 7:39 p.m.
Q: A friend of mine said he recently had his attorney prepare a trust for his grandchildren. He was really excited about taking care of their college education, but he did not explain how the trust would work. Can you ...
It's the Law: Contract language can require an interpreter
Published 07/02/2008 at midnight
Q: I have a contract with a builder. The certificate of occupancy has been issued and the builder claims I now must pay everything due under the contract. The problem is there are defects in construction, some of them major, ...
It’s the Law: Avoid tax problems after short sale
Published 06/23/2008 at 7:29 p.m.
Q: I have a property that has gone down in value. It is now worth less than the mortgage. I have a buyer who will pay the appraised value, but that is less than the mortgage payoff. My Realtor has ...
It’s the Law: How can I challenge my mother’s will?
Published 06/16/2008 at 4:59 p.m. 1 Comment
Q: My mother just died. In the weeks before she died, my brother was with her a lot. I just found out she changed her will a few days before she died from leaving her estate equally to all of ...
It’s the Law: Florida condominium act gets revisions — part III
Published 06/02/2008 at 5:11 p.m. 3 Comments
Q: Did the 2008 Legislature make any changes to the Condominium Act?
It's the Law: Florida condominium act gets revisions — part 2
Published 05/25/2008 at 11:02 p.m.
Q: Did the 2008 Legislature make any changes to the Condominium Act?
It’s the Law: Florida condominium gets revisions
Published 05/19/2008 at 10:22 p.m. 1 Comment
Q: Did the 2008 Legislature make any changes to the Condominium Act?
It’s the Law: Health club liability may be limited
Published 05/11/2008 at 10:22 p.m. 1 Comment
Q: I heard about someone who had a heart attack on the treadmill at my gym. Supposedly, the person died. Does the gym have liability for his death?
It’s the Law: Spouse in house may have to pay rent during divorce
Published 05/05/2008 at 10 p.m.
Q: I am getting divorced. My wife is currently living in our house and I am renting an apartment. It does not seem fair that she gets to live rent free. Shouldn’t she have to pay me rent, at least ...
It’s the Law: Patients have a right to know about doctor malpractice
Published 04/28/2008 at 5:25 p.m.
Q: There seems to be a lot of secrecy in the medical community. I think I should at least be able to find out if a doctor is guilty of malpractice as part of my decision about medical treatment. Is ...
It’s the Law: Employer owns invention created on company time
Published 04/21/2008 at 4:26 p.m.
Q: I work for a large recreational vehicle dealership. Part of my job involves creating new or custom parts which are sold by our company. I recently invented a new mirror system, which makes backing and parking a lot easier. ...
It’s the Law: Separate property can become marital if co-mingled
Published 04/13/2008 at 10:55 p.m.
Q: A friend of mine is getting divorced. He inherited some money last year and deposited it in a joint savings account with his wife. My friend claims the money is his, since he inherited it. His wife claims the ...
It’s the Law: Suits against the government — possible?
Published 04/06/2008 at 9:48 p.m.
Q: I was injured when I slipped and fell at a City park. The walkway was very slippery and wet. My medical bills were over $30,000 Can I sue the city to recover for my injuries?
It’s the Law: Implied partnership can be difficult to prove
Published 03/30/2008 at 10:23 p.m.
Q: I have been working in a business for years. I was paid minimum wage, with the understanding that I would be an owner of the business and help it grow.
It’s the Law: Medical care decisions if incapacitated — do you know how this works?
Published 03/18/2008 at 12:01 p.m.
Q: I am a widow and I am concerned that no one is authorized to make quick medical care decisions if I am incapacitated. How can I be sure someone can make decisions for me?
It’s the Law: How can I qualify for a like kind exchange
Published 03/09/2008 at 8:04 p.m.
Q: We own a condominium that we rent seasonally. My wife and I visit the property to check up on it and take mini vacations three or four times a year. We want to sell the property as part of ...
It’s the Law: Even irrevocable trusts can be fixed if necessary
Published 03/03/2008 at 1:44 p.m.
Q: I got some bad advice from a financial adviser and created an irrevocable trust to benefit charity. After I created the trust, I found that the tax benefits and operations of the trust were not as advised. Is there ...
It’s the Law: Transfers to defraud creditors can be undone
Published 02/25/2008 at 2:29 p.m.
Q: I may have to sue my partner for breach of contract. I heard through the grapevine that he has transferred all of his assets and bank accounts to family members and he brags that I will never collect a ...
It’s the Law: Theft losses can be tax deductions
Published 02/18/2008 at 1:25 p.m.
Q: I contracted for construction of a home. The builder did a terrible job, although he did make a few repairs. I sued the builder, but the company was out of business and I was out of luck. It cost ...
It’s the Law: Condo assessments must be paid
Published 02/11/2008 at 7:46 p.m.
Q: I recently bought a condominium. A few months after I took title, I got a bill from the association for past due assessments, including what was termed a special assessment for repairs to the building that had been completed ...