Florida Real Estate Legal Questions

In order to clear title to property, you have to know exactly what the problem is. Unfortunately, you took the title by quit claim deed which means that your brother in law gave no warranty that the title was good. However, most title problems can be fixed by a qualified real estate attorney. The title insurance protection only protects the former owner, but you might have some cause of action against the brother in law, but it would depend upon the facts and based on this limited information you've given, I could not speculate.... Read More

Hello, you should consult with an attorney so they can explain the process and represent you at closing. It depends on the contract whether the buyer or seller choose the title agent to facilitate the transaction. An experienced real estate attorney should go over all the details of the contract with you and ensure it is in your best interest. Most will charge a flat fee for this type of representation. Generally speaking, the title company will begin to get involved and order the searches: lien search, title search, and survey to ensure no liens, clouds on title, encroachments to boundaries. If there is a homeowner's association, they need to be contacted to request an "estoppel" which is the document that tells the parties if there is a balance owed to the HOA and if there are any violations on the property and what the maintenance dues are. Also, if you currently have a mortgage on your property the payoff will need to be requested either by the title agent or yourself to make sure that is taken care of at closing. If you have a realtor, they should also be able to help guide you. Getting an offer is step one so you are on the right path! Good luck! ... Read More

Hi, yes, absolutely. It is my customary practice to offer a free consultation and give an estimated cost to represent a party in a closing. Additionally, if the attorney is also a title agent, they can conduct the entire closing for the benefit of everyone. I am not sure where you are located, but if you are in South Florida, I am a real estate attorney and title agent. Please call who you are comfortable with but an attorney should be able to give you a straightforward estimation of costs after getting some details about your particular matter. Good luck! ... Read More

Hello, It may or may not be that simple. The current deed needs to be reviewed to see how title is currently held. That will dictate whether you can file a death certificate by itself, a death certificate with a new warranty deed if changes to title is to be made, or if the property has to go through probate because of the death of the brother. The first two options are simple, the probate will be more extensive but review of the current deed will determine that. I hope that helps! ... Read More

Dear Sir or Madame,   I suggest you examine the Condo's governing documents (Declaration of condominium) to see if the slips are transferrable or not. It is possible that they can be transferred to another owner, but any such transfer should be noted in the Association's records. It's also possible that the slips are an "appurtenance" that only transfer with the transfer of the condo unit.  Check the Condo docs, if they are unclear then see an attorney. ... Read More

Sir/Madame   Unless there is a lease or the buyers were given a deed by you , then you still have the right to possess the home.   Re the 60 days, the contract should state the closing date. This is usually fixed and can't change unless there is some contingency or later extension by addendum.   I have many questions.  How did buyers get possession?     It's alway a good idea to have legal representastion when selling your home.   Charles Sanford ... Read More

the short answer is maybe. If the cause of the fall was due to the negligence of the property owner, then you may have a case. The evidence to show the owners negligence would be whether you could proove that the fall was caused by a dangerous hazard that was not open and obvious to yourself (ie a latent and/or hidden danger) ...more facts would be needed to form an opinion   Steve... Read More

Well, you'll want to look for a notice provision in your current lease.  If the current lease dictates that you must give 60 days notice, then you may have to deal with a breach of that provision. However, if that provision is not in the lease, you will likely have no problem should you choose to move out.  That said, make sure your landlord has your new address so he or she can either return the security deposit or provide notice of an intent to claim against it for damages above wear and tear.  If you are unsure of your rights and obligations under your lease, it would likely be to your advantage to have it reviewed by an attorney.  Even if there is a 60 day provision in your lease, if you are aware, you may still be able to work out an amicable solution with your landlord.  An attorney can better explain your options after reviewing the lease and any communications you've had with the landlord.... Read More

Well, without reviewing your lease, sounds like they are trying to squeeze another month's rent out of you.  Unless the lease specifies what constitutes a "writing" and how it must be delivered, I think it is a pretty weak argument that you didn't provide written notice when you did it by email and an acual signed writing.  Obviously, they received the notice if they emailed you about it.  While leases often provide places for procedural loopholes, this sounds like they are just trying to get another month's rent out of you.  And, the argument that 1/30 doesn't provide 30 days (to March 1), I believe, is weak.  Again, unless the lease is specific in it's calculation, the ambiguity works in your favor.  You may find it helpful to meet with a lawyer to review the lease, and perhaps negotiate the break on your behalf.  In my experience, if they are using these types of arguments to get another month's rent, you're probably going to be in a fight over your security deposit.  ... Read More

I'm sorry to hear.  You're certainly in a tough situation.  Without seeing the contract, it would be difficult to say your strength under it.  My inclination is that considering the illness a force majeure may be a tough stretch.  However, that is not to say you don't have defenses.  In your description, it sounds like you answered the summons on your own.  Litigation, particularly (in my experience at least) real estate litigation, can be very complex.  I would highly advise making an appointment with a litigation attorney to discuss all of the details of the situation and determine what options you have and the relative strength or weakness of these options.  Sounds like the case is already moving along so I wouldn't wait - even if you don't hire an attorney, you really need to get a legal opinion based on all of the facts (and the best place to discuss is in a confidential environment).... Read More

You will want a real estate attorney to represent you in a private sale. The attorney can ethically only represent either the buyer or the seller, but not both the buyer and the seller. Depending upon the county where the property is located and which party the attorney is representing, the attorney can also be the title agent and prepare the contract for sale and purchase.  In contrast to the percentage commission that a realtor charges, a real estate attorney charges a fee commensurate with the services offered to the client. Additionally, while a realtor is prohibited from representing anyone in the transaction, a real estate attorney represents the interests of the party who has retained the attorney and will close the transaction. The foregoing is specific to the law and procedure in Florida.  This response does not constitute legal advice as the facts presented are limited and unstated facts will likely impact your particular situation. This response is intended for general education only and does not create an attorney-client relationship. Please schedule a consultation with a local attorney for more specific and detailed answers to your legal issues.... Read More

Generally if a gift is over $14,000 you have file a gift tax return and report any amount that is given over tha amount, this is the Form 709. However, this does NOT mean that you pay any taxes. You can gift up to 5.25 million dollars worth of assets throughout your lifetime without paying any gift taxes. ... Read More

Well, he probably does in the end.  Likely, he has a standard contract with the property management company where they take a percentage of rent and they take care of all of the normal landlord functions so all the true “landlord” has to do is cash a check from the management company.  So, that probably includes any claims to your security deposit.  Now, with that said, you still have rights as a tenant.  Assuming you moved out in accordance with the lease, if the landlord (or the property management company as his agent) wants to make a claim against the deposit, they have 30 days after you move out to provide you with notice by certified mail (see FL Statutes 83.49(3)).  If you are good with the deductions, then that’s fine and the landlord (or agent) will deduct and send you anything that’s left (or if the deductions mean you owe money, the landlord (or agent) may choose to come after you for it).  If you want to dispute the deductions, you have 15 days after receipt of the notice to impose a claim to give notice to the landlord of your objections.  With the objections, he can’t deduct the amounts, but, rather, will need to go to court to deal with the deposit.  Of course, you can also take him to small claims court for improperly deducting (or for damages, if any).  Finally, if they decide not to impose any claim on the deposit, the landlord or agent has 15 days from move out to send you the deposit in full.  Long short, if you get the notice of deductions and feel like it is wrong, you want to give notice of these objections and you may find it helpful to meet with (and perhaps retain) and attorney to help you deal with the matter.... Read More

Sure... at least technically.  I would emphasize focus on the fact that the LLC is not owned only by you.  So, if the other members (your parents) decide they don't want the properties in the LLC name, or, perhaps worse, that they don't want to transfer them out of the LLC's name later, you're gonna be in a big mess.  Asset protection is a smart move... and with rental properties, I generally advise limiting personal liability as much as possible.  So, I would advise seeking the counsel of an attorney.  You may not need to hire one to get everything done, but I bet the consultation will help get you in the right direction.  That said, give some thought into the investment in an attorney on the front end as to what savings you'll have in the long run.... Read More

It is very difficult to say how the case would ultimately turn out, but I can give you an idea of generally how the small claims court works here in Hillsborough County.  If you don't agree on the deposit beforehand, you'll be sent to mediation.  If the case doesn't settle, you'll go to trial.  Now, as you've said, you provided notice during the proper timeframe, and, presumably, they disputed in the proper timeframe.  So, the issue comes down to (1) whether they caused the damage and (2) whether the amount you are withholding is the actual damage.  Sounds like you have strong evidence they did it so do you have evidence (i.e. invoices paid, etc.) of the repair amounts paid?  That is the issue (at least in my experience) where landlords get into trouble in small claims court.  If you have an invoice, it will need to be verified to get into evidence (assuming they move to exclude it, etc..  Long short, sounds like you have a potentially strong case, BUT, as you've mentioned there are numerous outside costs that may give incentive to settle prior to suit.  Now, since you're out of town, you may find your resources are well put into hiring an attorney to send correspondence and, perhaps, file the lawsuit first, attend mediation on your behalf, and, ultimately try the case.  Many attorneys will at least offer a free consultation that may give you a much better idea of your position once all of the details are on the table.... Read More

I'm sorry to hear your situation.  You should consult an attorney with that contract in hand.  If you have been served with court papers (Complaint, etc.), you need to get to an attorney ASAP because if you don't file a response, you can get a Default, which will effectively prevent you from raising any defenses.  Now, why is she taking you to court rather than just agree to take the house back?  Well, we obviously can't get into her head, but in my experience it is because she also wants whatever money is potentially owed beyond the home value itself (or she just doesn't really want the house).  So, she'll seek a foreclosure of the property so that it gets sold by the Court to the highest bidder.  If it sells for less than what you owe, she'll be able (generally) to seek the balance from you in a deficiency action based on the judgment.  Depending on your situation, this can obviously turn into a very big deal with very big consequences.  Even if you ultimately decide not to defend yourself in the lawsuit, I would highly suggest having a consultation with an attorney, particularly one with experience in mortgage foreclosure defense (and defense when a private lender is involved).... Read More

From your description, she's been asked to leave and refuses to leave, claiming she has a right to be there.  Assuming she has had no lease and hasn't paid rent, a landlord-tenant relationship doesn't exist so eviction isn't the proper way to go about removing her.  Instead, he would need to file for an ejectment (or an unlawful detainer depending on the details).  For an ejectment, he would need to prove that he has the rightful ownership of the property and show his claim to title (solely - not with her on it, too).  If the mortgage and title are in his name only, the fact that she has helped pay some bills shouldn't give rise to a legal right to deprive him of the property.  Ejectment, unfortunately, is a little more involved than a simple eviction, so he may want to retain the help of a lawyer to file and proceed with the ejectment.... Read More