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Jeffrey Lawson Baxter

Jeffrey Baxter’s Answers

88 total


  • Can an incorporated business in Florida sue an incorporated business in New York, in a small claims court?

    Florida company sends merchandise to New York company and never receives money. Both are incorporated and the amount is $4,000. There is proof of order and shipment.

    Jeffrey’s Answer

    I agree with my collegues here. In order to survive a Motion to dismiss for lack of personal jurisdiction, you will need to allege certain facts of ties that the Defendant has to the jurisdiction. If the facts do not support such an facts, you will need to bring the action against the defendant in their home state. In order to collect on teh judgment, you will need access the NY court system anyway to start attaching the personal assets located in that jurisdiction.

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  • What type of disclosure do I need to put in my lease if I plan to short sale my property?

    I have a rental property condo in Florida that has lost significant value. Our only option at this point is to short sale. Our most recent tenants have moved out and we are starting a lease with new tenants, as we would not be able to afford the...

    Jeffrey’s Answer

    First, an approved short sale will not be any different than a typical purchase/sale -- The new buyer will take subject to the terms and conditions of the lease. The scenario you need to be aware of is a situation where the lender will not approve the short sale, and they start foreclosure proceedings against you and your tenant.

    If you are worried about a disclosure in the lease -- I would not worry: (i) lender approves short sale and you are out; (ii) lender does not approve short sale and starts foreclosure a foreclosure action.

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  • Florida landlord deducts money from deposit prior to notifying tenant, preventing them from disputing damage claims.

    Landlord did not give tenat notice of intent to keep major portion of security deposit. Landlord went ahead and replaced carpet without giving tenant opportunity to dispute thereby destroying evidence of alleged stained carpet.

    Jeffrey’s Answer

    Florida statutes very clearly define the procedures for notifying a tenant of any disposition of a security deposit. From the facts you have given above, this landlord has violated the notice provisions regarding a claim on a security deposit. You will have several options available and I recommend you seek the advice of an attorney to get your security deposit back. I would think a simple demand letter from a attorney would suffice.

    Best of Luck

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  • I have a lease which i abondon because i am unable to pay the rent what are the consequences of it . its a business lease

    i sign the lease and have to abondon the business space because i am unable to pay the rent. the lease is under my wife name but i was the operator of the business . my wife does not work , and have no bank balance. can they sue me and my wife or ...

    Jeffrey’s Answer

    I am not licensed to practice law in Kansas . . . the answer in your question lies in the entity identification in the lease. If the lessor is an individual, the remedies section of the lease will govern the landlords remedies. If the tenant is an corporate entity, the remedies will be limited to that that particular entity, unless of course, there were personal guaranties of the corporate lease obligations.

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  • Will a lawyer take a real estate case on contingency in Florida?

    I have commercial property that I need to force the sale of and wondered if lawyers take this type of case on contingency basis? I own 3/4 of the property and I have no way of inspecting my property without the police threatening me with arrest, h...

    Jeffrey’s Answer

    Typically, real estate lawyers do not take contingency cases; however, this case is more of a litigation case which will require an attorney to file papers with the court system (versus the real estate recording office). Litigators are much more open to taking cases on a contingent basis.

    The other comments are correct in their conclusions that more information is required to determine the merits of threats and the dispossession you are alleging. You will need a litigator who understands real estate principles. I hope this helps. Best of Luck

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  • How can I get out of a real estate contract?

    What can I do to get out of a real estate contract? Just purchased yesterday. rethinking purchase.

    Jeffrey’s Answer

    Without reading your contract, I would review the contract to determine if there are any conditions precedent (which means there is no contract unless the conditions are met). For example, there are usually inspection requirements and financing requirements. If you could not get financing (not uncommon these days) or if there were undisclosed repair items, these might be failed conditions -- which would mean no contract -- and you would be entitled to a return of your deposit. You will need an attorney to review the contract.

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  • How can i move out a tenant after a real estate contract sale?

    The person we sold the house to defaulted so we have filed the paperwork to take the house back, this was already completed with the county clerk. I dont know the people in the house but I reached out to them so i could make arrangements for them...

    Jeffrey’s Answer

    I am not licensed to practice law in New Mexico, however, if indeed you have foreclosed the purchase mortgage your provided in you sell/buy agreement, you may have foreclosed any subsequent leasehold interest if you properly notified them in the foreclosure lawsuit. If not, you will be simply subject to the terms and conditions of the lease. If they have defaulted, for payment (or any other requirements) you can begin simple eviction procedures.

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  • We have a month to month tenancy in FL. Termination letter dated Feb. 10 was received by landlord on Feb. 19. What do we owe?

    We live in Florida and have a month to month tenancy that started when the original lease expired in July 2008. I sent a later DATED Feb 10 to landlord and he received on Feb 19. I though Florida only required 15 day notice but now it seems like h...

    Jeffrey’s Answer

    You are correct that a month-to-month tenancy requires at least 15 days notice. The landlord is entitled to ask for a months rent in advance (for the following 30 days)

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  • We received a letter of foreclosure a year ago but have never been foreclosed on. Is there a time limit?

    Our house in Florida lost 2/3 of it's value and we moved out to state and could not keep up the payments. We received a letter of foreclosure a year ago. Our lawyer has tried to work out some arrangement with bank but can't get anyone who can give...

    Jeffrey’s Answer

    Usually lenders will eventually complete the foreclosure process. If there is a complete lack of action, the Clerk of the Court could dismiss the claim for lack of prosecution. Depending on the circumstances of your mortgage, you may want to talk to a real estate attorney to discuss your options. I also suggest you reach out to your lender and try to modify the loan. You may qualify for material assistance to keep you in your home.

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  • Do I need a real estate lawyer?

    A real estate agent showed me a house for rent and said the landlord would accept the Federal Rental Assistance Program. However, after the agency accepted $6,350.00 from me, I cannot move into the house because it does not have a C.O., which is ...

    Jeffrey’s Answer

    You certainly need a lawyer to assist. You need to formally ask for you money back and document their responses. If they are reluctant to return your money, you will an attorney with litigation experience versus a real estate attorney to assist you getting your money back.

    Good Luck

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