Archived
Can a marketing company be paid a flat fee by a Real Estate entity in Florida or would this be prohibited according to475.25(h)?
Jonathan's answer
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Answered on September 18, 2018
Anything contingent upon sales is very likely illegal sharing of commision s it is based upon realtor getting paid. But if John charges $2000 per...
Archived
My HOA is doing over the catwalk and we need to find some place to stay for three days at our own expense. Is that legal?
Jonathan's answer
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Answered on September 18, 2018
There's no legal requirement that HOA pays your displacement for a few days for repairs. All of the money the HOA has (non-profit) all comes from...
Archived
Can My landlord put an eviction on my record??
Jonathan's answer
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Answered on September 18, 2018
You cannot use the deposit for last month rent as it is for damages; and do not get it back per law until 15-30 days AFTER you move out. If you...
Can an HOA board change and amend ccrs without any I put from membership?
Jonathan's answer
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Answered on September 18, 2018
You would need to hire counsel to address this. CC&Rs being amended is usually some majority vote- 2/3 or 75% often. FL Statute 720.306(1)(b)...
Archived
Why would a Judge request a hearing. On Surplus funds from a foreclosure of property?
Jonathan's answer
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Answered on September 18, 2018
To give any parties who may be entitled like junior liens a chance to appear and then determine lien priority. Rarely is surplus distributed...
Archived
Can I sell in Florida belongings, a car and personal items from renter who hasn't responded to all attempts to get rent money.
Jonathan's answer
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Answered on September 18, 2018
Nope, Section 715 of the statutes applies and you must send proper notice and then dispose of/auction the property per law.
Archived
Florida: saving house from civil suit from DUI with severe personal injuries conviction?
Jonathan's answer
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Answered on September 18, 2018
Being in prison likely does not cause loss of homestead exemption as incarceration is not voluntarily abandoning the homestead. BUT it would be up...
Archived
Can I be sued if after a hurricane Damages or takes most the roof the water that leaks somehow gets into the neighbors house?
Jonathan's answer
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Answered on September 18, 2018
Yes if your roof leaked into neighbor's home then you are negligent not repairing it timely and can be liable. If you dont have insurance you are...
Archived
Will a South Florida Attorney seek to recover around $8-10,000.00 from legally evicted tenants on a pure "Contigency" basis?
Jonathan's answer
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Answered on September 18, 2018
99.9% no. Most tenants have no assets; which is why most are renting to begin with. Further, anyone can file bankruptcy and wipe out your...
Archived
Whose responsibility is it to advise potential Florida condo buyers that there is going to be an assessment?
Jonathan's answer
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Answered on September 17, 2018
An estoppel must be requested from the condo for any sale. Per statute 718.116 the estoppel must include "An itemized list of any additional...
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