QUESTION
how do I void a contract for mistake of fact?
Asked on Jul 22nd, 2014 on Contracts - Florida
More details to this question:
I hired a public adjuster because he told me that once I get the insurance check I would be able to do with it as I wish. Repair, rebuild, pay off debts, etc. But after I got the check, my mortgage servicer said they keep the check and pay my licensed contractors directly and that no repairs can be made by me...even the installation of shower doors which do not require a contractor by law. After arguing with the adjuster about what is and isnt, they came out and said my servicer is different than the rest and that they are already having that problem with another client. From what ive read, this was mistake of fact and the contract is voidable because of it. How do I do this in miami dade florida?
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
This case has many many issues and I am pretty confident that your research has lead to some flawed conclusions. Unless there is some written documentation essentially guarnateeing your unfettered use of the funds as you choose, I suspect you may find yourself wasting a lot of time and energy fighting just to fight. Since you seem vehemently opposed to actually using the monies paid to properly repair the damages they were earmarked for, I assume there is some other motive here such as the property is in or soon to be in, foreclosure and you want the funds in pocket and to leave the house unrepaired rather than sink the $$ into the repairs for the benefit of the bank. if you REALLY intend to pursue such issues, your best bet is to actually retain a lawyer, though it may be at an hourly rate and retainer, to review this issue and provide some direction. If you have further questions, please feel free to call us at 1-800-922-6442 for a FREE consultation.
Answered on Jul 23rd, 2014 at 7:36 AM
All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.