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Barry Barnett Ansbacher
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Barry Ansbacher’s Answers

16 total


  • For Florida condos, who can be designated as an approved voter by a unit owned by a corporation or LLC?

    This is for a Board of Directors election using a voting certificate. Can one person be designated by more than one unit?

    Barry’s Answer

    If they own or are the representative of one or more entities which own more that one unit then the answer is yes.

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  • Mortage is in my name and our home in my name. I want to make sure that if i die my husband gets the house. how do I do that?

    Hello: We have been married for 13 years, the house is in my name and mortgage in my name. We don;t have a will. If I die, how do I make sure my husband can keep the house.

    Barry’s Answer

    You can transfer title now by deed to the two of you as husband and wife. As now titled on your death your husband would get a life estate and the remainder interest after your death would pass to your kids.

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  • Are texts sufficient written notice to terminate my lease on the grounds of uninhabitable conditions per statue 83.56?

    I have been making all my rent payments out to the landlord's son and communication has been solely through text messaging. I have been dealing with rats and fleas for the past several weeks. After being unable to rid them myself I texted the land...

    Barry’s Answer

    You should send the notice by mail, or hand delivery OR as specified in your lease agreement. Although not typically required I would send by verified method such as certified mail.

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  • Florida State Real Estate Agreement

    The question is about real estate purchase agreements. When a copy of a real estate agreement is not received by the seller and the buyer within 3 days of it being signed by both of them can this make it voidable, that is not enforceable? When ea...

    Barry’s Answer

    Contracts only become come contracts when accepted (signed) and delivered. Many contracts specify the time available for the second party to accept the contract, but some do not. Where no time is specified, and assuming the first party does not withdraw the contract prior to execution and delivery by the second party, then the courts will require acceptance by the second party within a reasonable period of time. What is reasonable depends on the facts and circumstances.

    I infer from the later part of your question that the second party changed the contract form. If so, then the first party must either accept the change or there is no binding contract.

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  • We had new roof put on our home,when finished the color is different than the sample that we chose from,what are our options?

    It's roof over roof, that was placed monday 13, 2012, already received company about leins against our property if dont receive monies.It's only been 2 days and they suppose to take pictures first for our insurancepe co. inspection and any addit...

    Barry’s Answer

    The first thing to do is to read over the "proposal" again. Often, despite the title, the document once signed by you becomes a binding contract. Typically for matters under $5,000 I would suggest you address the dispute in small claims court, but the Florida Construction Lien Law is very complex, so if you are being threatened with a mechanic's lien, you need to consult a local attorney. I suggest you start with a review of Board Certified Construction Lawyers in your area. A list is available at http://www.floridabar.org/ or at the link attached to this answer.

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  • Is the landlord responsible for cockroach infestation?

    I live in South Florida... so of course we have roaches, big ones! But, I have an infestation of German cockroaches coming from the plumbing wall at the sink. These are not the Palmetto bugs that live in the trees outside and come in by accident u...

    Barry’s Answer

    Typically yes. Florida law provides that the landlord is responsible for extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs.

    There are exceptions. First, is if the infestation is caused by the tenant. For example, if you do not keep the unit clean. The other exception is that the duty for pest control, in a single family home or duplex, can be placed on the tenant by the terms of the lease.

    Unless your case falls into an exception, you should make a written demand for the landlord to fix the problem. If this does not resolve the issue, hire a local attorney to advise you.

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  • Does a multiple owner in a condo in south florida have a voting right for each unit he or she owns in annual meetings

    this individual ownes 4 units in a 200 unit high rise condo in palm beach county

    Barry’s Answer

    Typically yes. Your voting rights for distinct condominium units should be cumulative.The Declaration of your condominium will describe the particular voting rights for owners. You can obtain a copy from the community association manager.

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  • Who gets to use an easement on my property?

    There is a landlocked property just behind my home. This property has no entrance/exit other than a paved easement on my property @ 500 ft long. New owners refuse to respect my land/safety of my children and pets, exceeding speeds of 35 miles p...

    Barry’s Answer

    Your questions can be answered only by first reviewing the applicable agreement, or determining that there is no agreement.

    Easements can be created by use, or by legal agreement. Your first step is to have a real estate attorney (not a general practice attorney) review the title policy and survey for your home. Once you determine the basis for your neighbor's use of your land, you will be able to analyze whether the use violates the terms of the easement agreement.

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  • My rental on forclosure and landlord and broker did not tell me when I sign a lease, can I take them to the court for that?

    I rented home for 1 year and my landlord did not tell me that she did not pay mortgage for 1year and now home on forclosure. What can I do to protect myself?

    Barry’s Answer

    • Selected as best answer

    Every lease has an explicit or implied right of "quiet enjoyment." What this means is that, except for matters specified in your lease, you have the right not to be disturbed in your use of the rented property. This right is subject to your obligation to timely pay rent, and comply with the lease terms. The existence of the foreclosure may, or may not violate your right of quiet enjoyment. If you are named in the mortgage lawsuit, served papers, or threatened with being dispossessed it is likely a violation of the lease, but if the mortgage is simply in default, the lenders often fail to proceed on the default for years. You should retain a local lawyer to review your lease and provide appropriate guidance based on the facts specific to your case.

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