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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?
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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?
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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?
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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 ...
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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 ...
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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 ...
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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?
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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 ...
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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?
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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 ...
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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 ...
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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 ...
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It's the Law: Covenant not to compete can be enforced
Published 08/23/2007 at 12:01 p.m.
Q: My employer required that I sign an agreement not to compete with the company if my employment relationship is terminated. I did not want to sign it, but it was required for me to keep my job. A competing ...
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It's the Law: Builder warranties can be limited by contract
Published 08/15/2007 at 11:30 a.m.
Q: I am buying a new home from a builder. The builder’s contract has language that states the only warranty provided is a one-year warranty on materials and workmanship. Can the builder do that?
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It's the Law: In a tough market, a short sale may be the only way out
Published 08/02/2007 at 10:35 a.m.
Q: I bought some property at the peak of the market. I got a loan based upon stated income and no documentation.
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It's the Law: Parties to a contract can agree on liquidated damages
Published 07/25/2007 at 12:31 p.m.
Q: I had a contract for sale of my condominium at a good price. The buyer backed out and tells me all I get to keep is the deposit. His deposit was only $100. That does not seem fair, as ...
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It's the Law: Mortgage brokers will have to disclose fees after Oct. 1
Published 07/19/2007 at 11:06 a.m.
Q: I am shopping for a mortgage. I have heard that there are hidden fees to mortgage brokers and that these fees can increase the interest rate on my loan. How can I find out what these fees might be ...
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It's the Law: Final payment under an agreement for deed can be tricky
Published 07/12/2007 at 12:03 p.m.
Q: I bought a home under an agreement for deed. The final payment is now due, but the seller has a mortgage and I am concerned that he will not pay off the mortgage after I pay him. What should ...
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It's the Law: Death may not cheat creditors
Published 06/07/2007 at 11:26 a.m.
Q: I loaned a friend $50,000. He died last week and his brother tells me I am out of luck because my friend did not leave me anything in his will and the will does not require me to get ...
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It's the Law: Alimony can be reduced or terminated due to cohabitation
Published 05/30/2007 at 10:38 a.m.
Q: My ex-wife has been living with a man for years. She tells me that she will never get married because she wants me to keep paying alimony.
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It's the Law: Child support can be made retroactive
Published 05/23/2007 at 3:07 p.m. 1 Comment
Q: I am being sued for child support. I have been told that I will have to pay arrears, because the support will be awarded retroactively. Is that right?
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It's the Law: Lease option is a flexible way to buy property
Published 05/09/2007 at 11:10 a.m.
Q: I’m interested in purchasing a home, but do not have much for a down payment. A friend of mine recommended a lease option. Can you explain how a lease option works?
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It's the Law: Homestead protection from creditor claims is not absolute
Published 05/02/2007 at 10:11 a.m.
Q: I have heard Florida homestead properties exempt from creditor claims. Is that true?
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It's the Law: Litigation privilege protects statements made during litigation
Published 04/26/2007 at noon
Q: I was involved in a libel lawsuit. My opponent filed a pleading in which he claimed I stole money. I want to sue him for liable, but my attorney said the statement was privileged because it was part of ...
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It's the Law: Action voids acceptance offer deadline
Published 04/18/2007 at 7 a.m.
Q: My house was on the market. I received an offer close to the 5 p.m. deadline. I thought the price was too low, so I changed it and changed the date for acceptance to 5 p.m. on the following ...
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It's the Law: Florida statutes limit parental relocation with child
Published 04/11/2007 at 10:15 a.m.
Q: I divorced a few years ago and the court ordered that primary residence of my children would be with me. My former spouse has visitation every other weekend, one night during the week and extended visitation over major holidays ...
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It's the Law: Condo association’s role in foreclosure can be confusing
Published 04/04/2007 at 7 a.m.
Q: I just got elected to the Board of Directors of our condominium. We had an owner who was way behind in paying assessments. His unit went into foreclosure and now the bank owns it. The other directors tell me ...
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It's the Law: Charitable gifts can be made directly from an IRA in '07
Published 03/28/2007 at 6 a.m.
Q: I have heard there is a new law that allows one to make a direct charitable gift from an IRA. Is that correct?
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It’s the Law: Parties to a lawsuit can agree in advance on amount of a judgment
Published 03/22/2007 at midnight
Q: I was involved in an auto accident. My attorney got the insurance company to agree that no matter what happened at trial the judgment would be no less than $1,000,000. The other part of the agreement was that no ...
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It's the Law: Attorney-client privilege allows condo associations to keep some records secret
Updated 03/15/2007 at 12:06 p.m.
Qur condominium is involved in a lawsuit. As a unit owner, I asked the president to let me read all of the association’s records with respect to the lawsuit. He let me read everything except letters to and from the ...
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It's the Law: Florida statutes provide bases to challenge a will — Part II
Published 03/07/2007 at 9:21 a.m.
Q: My brother began dating a much younger woman two years ago. He recently died and we found that he redid his will. He cut out his children and left everything to his girlfriend. Can the will be challenged?
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It's the Law: Florida statutes provide basis to challenge a will
Published 02/27/2007 at 10:08 a.m.
Q: My brother began dating a much younger woman two years ago. He recently died and we found that he re did his will. He cut out his children and left everything to his girlfriend. Can the will be challenged?
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It's the Law: Agreement to agree may not create a contract
Published 02/21/2007 at 9:54 a.m.
Q: I’m the tenant under a lease with an option to purchase. The option portion of my lease states that I have the option to purchase the property at any time during one year at a price to be negotiated ...
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It's the Law: A common law marriage cannot be created in Florida
Updated 02/14/2007 at 7:12 p.m. 1 Comment
Q: My mother has been living with a man for years. They act like husband and wife and their friends think they are married. I know they never got formally married. I have heard about something called a common law ...
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It's the Law: Terms of contract contingencies must be carefully followed
Updated 02/07/2007 at 5:12 p.m.
Q: I just signed a contract to purchase a new home that has not yet been built. The contract allows me to cancel the transaction if I do not get a mortgage within 30 days. The contract also requires that ...
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It's the Law: In event of default, landlords deal with tenant’s property
Updated 01/31/2007 at 4:23 p.m.
I have a tenant who has not paid rent and I think has moved. He left clothing, pots and pans and some other items in the rental unit. What do I do with the tenant’s personal property?
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Jan. 25: It's The Law
Published 01/24/2007 at 5:45 p.m.
Q: I have a tenant who is late paying rent, plays music loudly in violation of the lease and is generally a bad tenant. I told him to get out and he says he has rights and I cannot just ...
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Jan. 18: It's The Law
Published 01/17/2007 at 7:13 p.m.
Q: I sold a friend of mine some used furniture. He gave me a check that was returned for insufficient funds. After we argued, he gave me another check but stopped payment on it. Can he get away with that?
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Florida law places limits on debt collectors — Part 2
Published 01/10/2007 at 5:05 p.m.
Q: One of my co-workers is frequently called at work by debt collectors. Isn’t there a rule prohibiting debt collectors from calling you at work?
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Federal law places limits on debt collectors
Published 01/03/2007 at 4:58 p.m.
Q: One of my co-workers is frequently called at work by debt collectors. Isn’t there a rule prohibiting debt collectors from calling you at work?
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Even after a foreclosure lenders can look for more money
Published 12/26/2006 at 7:17 p.m. 1 Comment
Q: I bought a home at the peak of the market and the tenant trashed it and didn’t pay rent. I needed the rent to pay the mortgage, so the mortgage is now in foreclosure. I’m just going to walk ...
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Costs in litigation does not mean all expenses
Published 12/19/2006 at 4:50 p.m.
Q: I signed a service contract and I want to cancel because the service is lousy. The service provider pointed out a clause in the contract that reads, “in event of litigation to enforce this contract, contractor shall recover attorney ...
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It's the Law: Parties in a lawsuit entitled to get documents
Published 12/13/2006 at 12:16 a.m.
In a lot of television shows somebody produces a surprise witness or document in a lawsuit and wins the case. Does that happen in the real world?
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It's the law: Mortgage fraud comes in many forms
Published 12/05/2006 at 6:42 p.m.
Mortgage fraud occurs when one or more parties in a real estate transaction misrepresent the terms of the transaction to a lender. The purpose of the misrepresentation is usually to get a bigger loan than would otherwise be available. Sometimes, ...
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It's the Law: Florida requires notice before custodial parent relocates
Published 11/28/2006 at 7:07 p.m.
My former spouse is the primary residential parent for our children. The kids tell me they're planning on moving to Oklahoma. Can that be done?
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It's the Law: Punitive damages can be recovered
Published 11/21/2006 at 6:16 p.m.
Q: A friend of mine is in a law suit. He said that he was going to get punitive damages in addition to other damages. What are punitive damages?
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It's the law: Living trusts: The benefits and drawbacks
Published 11/14/2006 at 4:10 p.m.
Q: I read a lot about living trust interests as part of a general estate plan. Please provide a brief explanation of living trusts and how they can be part of a general estate plan
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It's the Law: Creditors have a limited time to file claims against a decedent
Published 11/08/2006 at 12:16 a.m.
Q: My Father recently died and I am the personal representative of his estate. He left a lot bills and we also paid for funeral expenses. I do not think there will be enough money to pay everyone. How do ...
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It's the Law: In some cases, courts can declare rights under a contract
Published 10/25/2006 at 12:17 a.m.
Q: My neighbor and I wrote up a contract for me to buy his house. We now have a different interpretation of what it means. How do we find out who is right?
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It's the Law: The bank doesn't take back property in a mortgage foreclosure
Published 10/18/2006 at 12:16 a.m.
Q: I have run into some financial problems. I am going to stop making payments on my mortgage and just let the bank take back the property. How does that work in Florida?







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