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 ...
It’s the Law: Pre-marital bliss — agreements that need to be checked
Published 02/06/2008 at 6:33 p.m.
Q: I heard that Florida adopted a new law concerning pre-marital agreements last year. Is that correct?
It’s the Law: Rules also apply to homeowner associations
Published 01/28/2008 at 5:36 p.m.
Q: I hear there are new laws requiring homeowner associations to give more warning to property owners before filing suit against them. Is this right?
It’s the Law: A true gift is not revocable
Published 01/07/2008 at 4:23 p.m.
Q: ’Tis the Season. I just got a wonderful gift from my boyfriend, but I plan on breaking up with him shortly. Can I keep the gift?
It’s the Law: Are prenups enforceable in Florida?
Published 12/13/2007 at 9:49 a.m.
Q: My fiancé is insisting on a prenuptial agreement limiting my financial rights in event of divorce or death. Will that be enforceable in Florida?
It's the Law: Buying a home at tax deed sales?
Published 12/05/2007 at 5:23 p.m.
Q: From time to time, I see advertisements in the paper for property being sold due to unpaid property taxes. I want to bid on a property and I am wondering if there is any risk?
It’s the Law: When is appointment of a guardian necessary?
Published 11/29/2007 at 9:30 a.m.
Q: A friend of mine is suffering from Alzheimer’s. His children are fighting over guardianship and the court appointed someone as guardian who was not even a blood relative. Can you explain how that happens?
It’s the Law: Corporate shell does not always avoid personal liability
Published 11/21/2007 at 12:22 p.m.
Q: I bought some furniture from a local store. The store delivered the items but some of them were damaged. The store took the items back and promised to replace them but then went out of business. I talked to ...
It's the Law: Cable television as condominium common expense
Published 10/23/2007 at 1:44 p.m.
Q : I live in a condominium. The board of directors has voted to provide bulk cable television service to owners as part of the condominium budget. I do not want cable and especially not the cable provider selected by ...
It's the Law: Cable and satellite TV should be available to condominium owners
Published 10/18/2007 at 11:01 a.m.
Q: I live in a condominium. The board of directors has voted to provide bulk cable television service to owners as part of the condominium budget. I do not want cable and especially not the cable provider selected by the ...
It's the Law: Buyer can force the seller to close on sell
Published 10/11/2007 at 2:23 p.m.
Q: I had a contract to purchase a local business. At the last minute, the seller told me that he would not close on the sale. Can I force him to sell?
It's the Law: Parent consent and waiver of liability for child is not unlimited
Published 10/04/2007 at 2:52 p.m.
Q: My son wants to ride an ATV at a local sports park. He brought home a form for me to sign. The form states on behalf of my son I release the park from liability for anything that might ...
It's the Law: Must show impact to recover for emotional distress
Published 09/27/2007 at 2:02 p.m.
Q: My mother died in an automobile accident. I am really upset about it and want to sue for my emotional distress. Do I have a good claim under Florida law?
It's the Law: Signed, blank deeds are void
Published 09/20/2007 at 2:06 p.m.
Q: I have a number of properties for sale and will be traveling in South America for two months. I will be unreachable for a large part of that time. My friend suggested I sign some deeds in blank and ...
It's the Law: An owner is not a tenant for eviction purposes
Published 09/12/2007 at 10:53 a.m.
Q: My boyfriend and I bought a house. Only his name is on the deed. We have an oral agreement under which we equally paid the expenses of purchase, monthly mortgage, insurance, taxes and utilities. I heard through a friend ...
It's the Law: Sometimes rejecting an inheritance saves taxes
Published 09/06/2007 at 9:43 a.m.
Q: My spouse died recently. He left me everything in his will. I met with my attorney, who suggested that it might be a good idea for me to refuse part of my husband’s assets to save estate taxes. I ...