Florida Contracts Legal Questions

I am confused by "supposedly signed". Either you did, or you did not. If you did, you may have self lawyered yourself out of any issues you may have had, as you should have hired a lawyer BEFORE you signed it if you did.  If you didnt, you need to involve law enforcement for forgery investigation. Either way, you should know what you signed and if its your signature. ... Read More

If you have questions about the terms and conditions of a contract, this has to be made in relation to the entirety of the agreement. You will typically need to hire an attorney to help you with this. If you cant or choose not to hire a laywer, you should should truly not be entering into contracts that you dont actually understand. This is a receipe for disaster.... Read More

Well, first thing is the direct answer to whether you can just break your lease and demand your full deposit – no.  However, that’s not the end of things.  And, unfortunately, the answer will be a little vague; that is, it comes down to your lease.  If the washer was part of the rental and your landlord agreed to fix things, then you may be able to get it fixed with a 7 day notice to fix.  Also, you could (stressing could) have an argument that without the fix the place is an unsafe place to live.  So, here’s what I would say you do – make an appointment with a landlord-tenant attorney and bring your lease.  Discuss everything that’s happened in a confidential environment.  Many attorneys will offer a half hour to hour long free consultation.  The attorney can give you your legal standing and the best options available to you.  Finally, and this is really a practical thing, do not use an extension cord to operate the washer… that is beyond extremely dangerous. ... Read More

If its titled in thier name, its thier truck and not yours. That you put gas in it, for example, doesnt confer ownership. If you dont want them "holding it over your head", give it back to them and get a truck of your own or make other arrangements. If you like using the free truck, then you will likely have to put up with thier conditions. ... Read More

There is no "rent to own" law as far as I am aware. What you described is simply a contract for purchase of the house combined with a lease. If you wish to address the issues you described you wil probably have to hire an attorney to help you with this, most likely at an hourly rate with a retainer. If you have specific questions, you can call us at 1-800-922-6442 for a FREE consultation. ... Read More

I'm not sure what you're asking.  You would not obtain a prenuptial agreement from a state, but would enter into one with your fiance.  If that is what you meant, there is nothing to prevent you from entering into a prenuptial agreement in one state, governed by that state's laws, and getting married in another.... Read More

I'm not sure what you mean by not having been given an option to move out.  If you don't want to pay the new price, move out.  Unless you have a contract which guarantees a price for a set period of time, the storage company, whether the old one or the new owner, can always change the price, and you can always agree to pay the new price, or stop using their services, i.e. move out.  You are not, however, required to pay the new rate retroactively, unless you were notified of the new rate and did nothing, i.e. left your goods in storage.... Read More

Well, it’s certainly possible.  Keep in mind that this forum doesn’t provide you with a confidential setting…this forum is for general legal questions, and is not meant as a replacement for representation.  If you even have a concern that you may be in breach of your confidentiality agreement (or really any contract), you should set an appointment to consult with an attorney in private.  That is a confidential setting where you can find answers to your legal rights.  Many attorneys will even offer you a free half hour or even hour consultation.  ... Read More

Even though there’s no true ‘question’ here, I did want to comment just so you’ve got an idea what you’re looking for in these types of contracts.  If I understand correctly, you’re part of the LLC that is the software developer and your LLC is being subcontracted by the equity trading firm to do some work for them.  You are absolutely correct in wanting the contract reviewed and possibly modified.  With software development work you want to make sure you have provisions protecting your work as well as anything “new” you might develop.  That is, if you invent a great new process that you could potentially use again and again, you need to know whether you’ve contracted that right away or not.  You want to make sure you know exactly what other projects you can or can’t work on (is there a non-competition provision?).  These tend to be some of the most important from the software side.  If you’re the one doing the contracting of the software developer, those are important, but you’re looking to protect yourself from third party infringements as well as making sure all confidential information stays that way.  Make sure your attorney explains the provisions to you and that you understand exactly what is being said.  Unfortunately, many of these “standard” contracts are written in so much legalize that they make it impossible to determine what’s going on without having a law degree.  It doesn’t have to be that way.  When you walk away, you should know exactly what the contract says.... Read More

An attorney has an obligation not to represent clients with conflicting interests unless both clients waive the conflict, and even then there are some conflicts that cannot be waived.  However, if the attorney does not accept the new representation due to a possible conflict, or does not think that there is a conflict, I am aware of no requirement that he disclose to one client the identity of another.  To the contrary, the first client would probably not want its identity disclosed, and the attorney would be bound to respect the client's wishes to the extent possible and legal.... Read More

We represent many small businesses, including c-stores and gas stations. However, in order to adequately answer this question, I would need to review the contracts, including the lease and purchase agreement. It is possible that you are not obligated to provide power to the Air Vacuum, but before turning it off, there may be some other risks to consider.  For instance, did the Landlord need to consent to the purchase and transfer of lease to you? Have you asked your predecessor if he was paying for electricity and if he was servicing the unit? Is that specified in the lease or sales agreement? Have you spoken to the Landlord about this? It strikes me that there may be an amicable solution that starts with an honest conversation. Contract matters always require a review of language and facts before any legal advice can be provided. It is impossible to offer counsel without seeing documents because it is the combination of language across the various provisions and agreements combined with the facts and law that enable lawyers to assess situations like this and provide advice. I recommend you call your counsel on this matter or reach out to a licensed Florida attorney who regularly handles contract matters. You are welcome to reach out to our firm if you would like specific advice from us.  ... Read More

Several issues exist, if it was a car accident, it was likely illegal for him to bill health insurance at all unless your car insurance was exhausted or denied the bill. Also if he was paid by health insurance, could be improper to bill you anyhting other than co-pay. If the bills were improper you my have a collections violation that may entitle you to $1,000.00 in damages. You can call us at 1-800-922-6442 for help.... Read More

Do not fret. It is an easy thing to fix this type of mistake. If in fact you completed the form incorrectly, cross out the incorrect information with a single line and write in the correct information above it. Initial and date the changes/corrections.  If there is not enough room, cross out the entire stock power on the back of the certificate and initial the deletion. Obtain a "Stock Power" form, available on the web or you can retype what the certificate said, and complete it correctly. Attach it with a staple or paper clip to the share certificate.  Make sure you sign, date and initial changes. ... Read More

This is actually a very challenging question without seeing the contract itself and without knowing more details. As I understand your concern, your credit card processing company hired a representative who has prior convictions for prostitution. You actually met her and she was the representative that you worked with to initiate business with the credit card processing company. Without reviewing the contract, it would be very difficult to know what your obligations are under the contract, whether you have the right to cancel for no cause or only for cause and whether her prior guilty plea would be adequate cause.  Typically, there are terms and conditions in contracts of this kind that establish your obligations. These terms are very one-sided and written in favor of the party who drafted them. Termination clauses, including those arising out of breach of contract can usually be found toward the end of the agreement. It is unlikely that there is a morality clause in the agreement that would give you a right to terminate simply because she has been arrested for prostitution.  You may want to read the agreement and determine what it takes and costs to terminate, especially before activation. You may also want to consider being forthright about your reason and concerns. You may learn that her role does not enable her to see private information and she is simply in sales. This also is not a matter for typical customer service. You will likely need to escalate to higher management if you want to terminate the agreement without penalty. Perhaps it would be worthwhile going directly to the woman involved and letting her know that you have found this and that you are not prepared to work with her and her company due to concerns you have about the safety of information. She may be able to agree to let you out of the contract in amicable way.    Finally, be cautious and what you say on this topic to other people, whether it be her employer, co-workers or other people you or she may know. Make sure that you do your research and are correct in any statement about this woman. Defemination of character is a serious offense.    ... Read More