It's The Law: Real estate commission regulates brokers
Published 09/01/2009 at 11:56 a.m.
Q: I heard a Realtor who was convicted of drunk driving lost his real estate license because of that conviction. I do not think drunk driving has anything to do with real estate sales. Can the Florida Real Estate Commission ...
It's the Law: Qualifying contractor has no liability
Published 08/20/2009 at 6:54 p.m.
Q: We are building a home and some of the work is defective. The contracting companying stopped construction without paying all of the subs. It will cost us a lot to finish the home and we will probably have to ...
It's the Law: Give opportunity to repair before suit
Published 08/13/2009 at 7:02 p.m.
Q: I hired a contractor to do some remodeling and add a room to my home. There are a lot of problems with the construction and I want to sue. Somebody told me I have to give the contractor notice ...
It's the Law: Parental relocation
Published 08/06/2009 at 7:21 p.m.
Q: I heard Florida has a law requiring a divorced parent with a minor child to get court permission to move. Is that true?
It's the Law: Procuring cause earns the commission
Published 07/23/2009 at 7:55 p.m.
Q: I have heard the term procuring cause used to determine when a real estate broker is entitled to a commission. Can you explain that term?
It's the Law: Sellers need attorney representation for closing
Published 07/16/2009 at 8:47 p.m.
Q: I am selling my real estate. Somebody suggested I use a title company for my closing but most of my friends recommend using an experienced attorney. What exactly does an attorney do for a seller in a real estate ...
It's the Law: Undue influence can invalidate a will
Published 07/09/2009 at 7:22 p.m.
Q: My brother was care taking of my mother for a few years before she died. Shortly before my mother died, she made a new will and left everything to my brother. The will was done by my brother’s attorney. ...
It's the Law: Devising homestead can be tricky
Published 06/11/2009 at 9:06 p.m.
Q: I am divorced and remarried. I want to leave our family home to the children of my previous marriage. A friend tells me that Florida has a lot of rules about how or who you can leave your home ...
It's the Law: Violations involving checks and drafts
Published 06/04/2009 at 8:25 p.m.
Q: I sold some used furniture and the buyer gave me a bad check. What can I do to collect?
It's the Law: Interpreting a trust to carry out the creator’s intent
Published 05/28/2009 at 8:09 p.m.
Q: My mother had a living trust. My mother died and my brother and I are now arguing about distribution of her assets. He claims the trust does not reflect mom’s intent. How do we settle the dispute?
It's the Law: Real estate brokers can file liens for commission
Published 05/21/2009 at 8:34 p.m.
Q: I am selling my pizza shop and I have a dispute with my Realtor. He has threatened to file a lien to protect his commission. Can he do that?
It's the Law: Brokers have strict escrow obligations
Published 05/14/2009 at 7:26 p.m.
Q: I recently signed an offer to purchase a condominium. I gave the Realtor a deposit check for $10,000, but asked him to hold it until I could get some money into the account. He said he could not hold ...
It's the Law: Child custody modification requires material change
Published 05/07/2009 at 7:09 p.m.
Q: I am divorced and my children live most of the time with my ex-spouse. I think they would do a lot better living with me so I am considering asking the court to change their living arrangement. What are ...
It's the Law: Recovery for defective construction may be limited by economic waste
Published 04/30/2009 at 9:12 p.m.
Q: I hired a contractor to build a custom home. When he got done, I found that the dimensions of many rooms were not true to the plans, elevation of the garage was 1 foot lower than it was supposed ...
IT'S THE LAW: Helping you or helping themselves to your home?
Published 04/23/2009 at 8:16 p.m.
Q: A friend of mine lost his job and fell behind on his mortgage. He was contacted by a person claiming to work for a mortgage assistance company, who promised to help him keep his home. He paid the company ...
IT'S THE LAW: Unemployment compensation even if you quit
Published 04/16/2009 at 7:46 p.m.
Q: I gave my boss two weeks notice that I would be quitting. He got so mad he fired me on the spot. Can I get unemployment compensation?
IT'S THE LAW: Contract performance time may not be critical
Published 04/09/2009 at 8:17 p.m.
Q: I recently made an offer to purchase a house which included a time limit for the seller to accept. The seller did not sign and return the offer until after the time for acceptance passed. We moved toward closing ...
IT'S THE LAW: Felonies vs. Misdemeanors - what does it mean?
Published 04/02/2009 at 9:23 p.m.
Q: I’m always hearing people talk about crimes saying things like second degree, misdemeanor, third degree, capital, first degree. What do all these things mean and what’s the difference?
IT'S THE LAW: Wills must meet statutory requirements
Published 03/19/2009 at 8:34 p.m.
Q: One of my friends told me a story about someone’s last will and testament that was rejected by a court because it was not properly executed. What are the requirements for a valid will in Florida?
IT'S THE LAW: When other children enter the picture
Published 03/12/2009 at 8:36 p.m.
Q: A few years ago my girlfriend and I had a child. She had a lot more money than me and she never asked for child support. I have since married and have two other children. My former girlfriend is ...
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?