Florida Real Estate Legal Questions

Realtors generally have access to forms that they can use to create an assignment.  So long as they are filling in blanks and not giving legal advice, their broker should allow them to prepare such a form.  However, who you can assign a contract to and what the legal ramifications of that may be could be more complicated that just signing an addendum.  The general assignment form is very simple. But if there is seller financing, or association approvals, or deposits with terms, special remedies in the contract, etc., the drafting of the addendum could get complicated and then would require an attorney.  The buyer's attorney should be able to draft this pretty quickly.  You might need to have your attorney review if it contains special terms or language, or if it might affect your rights under the contract.... Read More

I don't know what a "body corporate" refers to.  Is that the name of the management company or is it the condominium association?  As an owner you should be entitled to receive an annual budget and financial statement from the association.  You should contact your agent and ask them to get those for you.... Read More

There are two basic kinds of deeds.  One is the General Warranty Deed.  By that deed, the seller warrants good title against all claims whatsoever.   the other deed form is known as a Special Warranty Deed, or Limited Warranty Deed or Statutory Warranty Deed.  All these names refer to the same type deed.  The warranty is limited.  The seller warrants only that HE (or IT) has done nothing to undermine the title.  This deed form assumes the seller does not necessarily know the background of the title and so he will not warrant there are no problems associated with it. Banks and other corporate entities will often refuse to issue General Warranty Deeds.  It is perhaps a bit unusual for a contractor (even one that is incorporated) to take that position. If you receive a limited warranty deed, it more important that you obtain title insurance.  That is your best protection.  The issuing agent is charged with the responsibility to conduct a good background investigation of the title and to issue a policy of insurance that will protect your interests should there ever be a problem.   ... Read More

You are confusing the roles of an attorney and an agent.  An agent will list your property on a multiple listing service and should assist in communications, negotiations and logistics, find buyers, prepare contracts, etc.  An attorney will handle the closing of the transaction, prepare closing documents, issue title insurance, collect and disburse proceeds, and lots of other things.  Usually, closing attorneys work together with agents. While it is possible to enter into a contract with a buyer without an agent, we don't recommend it unless you have gone through the closing process before and know how to do contract and closing things yourself.  Sometimes the buyer will select and pay for the closing attorney.  You should have your own attorney to review documents and advise you and answer your questions. I suggest you start by interviewing several real estate agents.  See if you are comfortable with any of them.  You are much more likely to get a fair market offer with a good realtor. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

There are no guaranties when you are trying to achieve asset protection, however, placing an asset in a LLC is one way to create a possible hurdle for asset protection.  One warning, in Florida a single member LLC does not give as much protection as a multi member LLC. Another issue is that the transfer of title of the property to an LLC after closing the loan in your individual name could trigger the due on sale clause of the mortgage, and cause the loss of title insurance coverage.  I am not sure what else you mean by "releasing myself from liabilities". As for the cost, we typically charge $250 per deed plus transfer taxes and recording charges.  Note that depending on how you are transferring title, and the structure of the LLC, you may have to pay full documentary stamp taxes on the transfer from your name to the LLC. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

I would be very concerned about security and yes I think the association should pay not only for a new key but new locks on your doors.  The Board should be made aware of this immediately and if it is an outside property management company, appropriate action should be taken to remove them or verify that they have a secure process and procedure.  You might also want to determine if the need for a key is legitimate.  The claim usually is that they need for immediate emergency access.  Do they also need access for rental management purposes?  Overall, the association members need to balance the personal security needs for their units, versus the need for the association to have this sort of access.... Read More

There are a lot of good attorneys in Florida that also do that, some charge that much, many of them don't, for residential property. Some collect up front, and some at closing.  I question whether a California can solicit business from Florida borrowers without violating unauthorized practice of law statutes in Florida (Florida Bar might be interested in jumping into that analysis!).  And since I am assuming they are not licensed to practice in Florida, they may also be violating a statute that prohibits collection of an advance fee for this sort of activity, unless you are an attorney. Many of the refinance and work out programs are handled with the lender directly, not by any third party.  From what I have seen, and we do these short sale filings and negotiations and try to get the communications flowing with the lender and borrower, other than explaining programs to borrowers, most of the lenders are familiar with these programs and offer them as one of the solutions. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

Sounds like you need to get another lawyer.  Many issues here, and additional facts are necessary for a more complete analysis, but an action to have the mortgage voided due to fraud and forgery is possible.  The lender might be able to get paid for their loss through any title insurance that was issued.  And the notary might be able to be sued under the correct circumstances.  But a different litigator may be necessary at this point. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

I am pretty sure you cannot legally stop them from accessing someone else's property to view into your yard.  Bigger question to me is why are they raising the issue and what authority do they have to tell you what color your pool is?  Is there something in the HOA documents?  If code enforcement has not issued citation, then the HOA could only take action if there is a violation of the association documents.  What can you do to stop them?  Theoretically, you don't have to do anything if you have not violated any restriction.  If they have nothing to enforce, they should not be wasting everyone's time.  But it is probably not worth your effort to try to get the board replaced at the next election, which is the only other way that the HOA might stop. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.  ... Read More

Assuming that the assets are solely in the wife's/decedent's name and it is not Homestead, the property will be subject to probate. If the lot fee is not paid, the remedies available to the owner of the lot or the Association, as the case may be, may be pursued. You will need to review whatever the agreement is regarding that. The brother should not have any personal liability going forward (if what you say is true about title and other agreements being in the wife's name only). As for the "living will," that is not the same as a "will" or "last will and testament". The "living will" typically addresses end of life medical decisions and whether the individual should be kept alive through artificial means. You will need to find out if there is a "will" for the decedent and try to determine who the heirs are and how the property is supposed to be distributed. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

I think you are asking what happens if a tenant resides in a house that is subject to a short sale.  This actually gets very complicated and may depend on the terms of your lease, what notices you have received, etc.  The general rule (subject to exceptions) is that the lease document is binding in accordance with its terms.  A short sale by itself would not require that a tenant vacate the property, but such a sale would be subject to the terms of the lease.  However, there are a lot of people in a short sale transaction that will want the tenant out of the property.  Perhaps the buyer in the short sale might accept the lease and allow the tenant to remain in the property for the rest of the term.  If not, usually one of the conditions of the short sale contract is to deliver the property free and clear of tenants and leases. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

I strongly urge you to hire counsel to pursue this. I think the first step is to provide written notification to the Board, and you probably will need to cite statutes and applicable provisions of the association documents. That is why you need a knowledgable attorney. Also, since you mention an upstairs unit, I assume you are dealing with a condominium association and not a Homeowners Association. This can involve a higher level of fiduciary duty on the part of the board, and I think it is inappropriate for the property manager to give you the response that he or she gave. Ultimately, it may be necessary to file a complaint with the Florida state regulatory division for condominiums, and maybe also against the property manager if they have given you advice that is wrong. It is primarily up to the Board to enforce the regulations of a condominium, but if they do not, you may need to also file a private enforcement action. An experienced condominium attorney can advise you about that. You should also talk to the attorney about filing a lawsuit for your damages against the tenants and the owner of the upstairs owner.  it may certainly be that under the condominium documents the Association would have no or limited liability for these repairs. If you have insurance, and/or to the upstairs owner have insurance? You may be able to put in a claim for repair or reimbursement. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.  ... Read More

I strongly urge you to hire counsel to pursue this.  I think the first step is to provide written notification to the Board, and you probably will need to cite statutes and applicable provisions of the association documents.  That is why you need a knowledgable attorney.  Also, since you mention an upstairs unit, I assume you are dealing with a condominium association and not a Homeowners Association as you indicate.  This can involve a higher level of fiduciary duty on the part of the board, and I think it is in appropriate for the property manager to give you the response that he or she gave.  Ultimately, it may be necessary to file a complaint with the Florida state regulatory division for condominiums, and maybe also against the property manager if they have given you advice that is wrong.  It is primarily up to the Board to enforce the regulations of a condominium, but if they do not, you may need to also file a private enforcement action.  An experienced condominium attorney can advise you about that. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

Partition would have to be brought in North Carolina, subject to North Carolina law and rules.  It is a court case, like litigation, although if friendly and everyone agrees, should be fairly easy.  Of course if everyone agrees, you would not need a partition action. However, I am not licensed to practice in North Carolina, so anything that I say could be incorrect and should be verified with a North Carolina licensed attorney. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

First, the terms of the rental agreement will control.  Typically, if you back out before the lease term begins, you could still be liable for the entire rent due during the term, less the amount of rent received by the landlord from a replacement tenant.  Possibly though, the deposit might be the sole remedy of the landlord.  Again, look at the lease. Second, there is a difference between a deposit and a "security deposit".  For residential property, a security deposit is made to ensure that the condition of the property at the end of the lease term.  If you never occupied, then you should be able to get the security deposit returned. Again, review the lease agreement that you signed. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

Giving a warranty deed when you have a quit claim deed is a risky proposition.  You need to be cautious when giving a warranty deed because it opens you up to some very risky title issues.  You should consult with a real property attorney to discuss if this would be an appropriate option for you. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

Are you asking whether you have any liability as a realtor listing the property? No, I don't believe so, unless you had knowledge that the tree branch was going to fall.  Damaged homeowner should talk to their homeowner's insurance and make a claim since the damage occurred because of a storm. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

The short answer is yes, but the lien is not enforceable against the property so long as the property is truly homestead and continues to be homestead.  Of course whether the lien is correct may be another question.  If you are talking about a mortgage or security interest that you voluntarily give, then such lien can attach to the property and be enforced through foreclosure. If it is judgment lien based on something else, then it generally cannot be enforced by foreclosure.  Your question implies that a "credit company" (is that a credit card company?) has put a lien on property. Generally they cannot do that in Florida without going through a lawsuit. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

Florida law will govern the specifics and I think I see two basic issues.  As to the first issue, it sounds as if the new will that was deemed invalid had the better plan.  I understand, based on the old will, that each of the three of you now own an undivided 1/3 interest in each of the three units.  An attempt by any of you to sell will be frustrated by the fact that none of you own a unit in its entirety.  The solution should be simple if all of you are cooperative.  All three of you should convey one of the units to you, and all three of you should convey each of the remaining units to the others. The second issue is how the ownership and sale of a triplex is handled under Florida law.  Are the units divisible for ownership purposes - similar to a condominium?  Or, under the law, are the units divisible at all?  If not, then there is nothing to accomplish in dividing the three units among the three of you except perhaps to satisfy a need for each of you to claim occupancy privileges as to a particular unit.  You should confer with a good real estate attorney in your area to learn your options.  If the three of you are not cooperative in finding a solution, then the State of Florida will almost certainly have a mechanism whereby the owner of a fractional interest can file an action for a forced sale of the complex.      ... Read More

I think you probably mean that you want to get off of the promissory note as that is the obligation to repay the amount of money. Being on the mortgage usually goes along with being on the note if you are a co-owner of the property, although sometimes promissory notes are given just in an individual name and joint owners sign the mortgage just to allow the mortgage lien to attached to jointly owned property. But being on the mortgage loan usually does not result in any additional liability for you if you are no longer an owner of the property. Unfortunately the only way to get yourself off of the note is to have the loan refinanced. It is rare that a lender would allow a note signer to be released from the note obligations unless the remaining owner gave some additional collateral or security for the loan. If you are still a co-owner of the property, you are entitled to force a sale through something called a partition action. This may not result in the best sales price, and sometimes can result in the other owner sabotaging the house and/or the process through noncooperation, trashing the house, etc. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.  ... Read More

I think you probably mean that you want to get off of the promissory note as that is the obligation to repay the amount of money. Being on the mortgage usually goes along with being on the note if you are a co-owner of the property, although sometimes promissory notes are given just in an individual name and joint owners sign the mortgage just to allow the mortgage lien to attached to jointly owned property.  But being on the mortgage loan usually does not result in any additional liability for you if you are no longer an owner of the property. Unfortunately the only way to get yourself off of the note is to have the loan refinanced.  It is rare that a lender would allow a note signer to be released from the note obligations unless the remaining owner gave some additional collateral or security for the loan. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

That is a tough question and a tough situation. First, if you noticed the buckling of the floor and didn't raise that prior to closing then you might not be able to be successful in any claim against the seller for a defect. However, if he knew about the defect prior to closing and did not disclose it to you, then you may have some leverage and remedy against him. You should talk to a residential real estate defects litigator to get an idea of how these types of cases are being decided in your jurisdiction. As for the wine, I don't think there is a general rule about" abandoned property" such as this. Usually you look first at the contract to determine the intentions of the parties. You might be justified in keeping the wine if you can establish that it was your expectation that it came with the wine cooler. However, if you can't establish that claim, and you are not successful in establishing that the seller "abandoned" the wine, then I do not think that you will ultimately be successful. However, after talking with a litigator, I would try to use the wine as some sort of leverage to get the seller to pay for repairs of the residential property. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

I think so (I assume you are a licensed realtor or broker).  You are the procuring cause.  You can contact your local association of realtors and see if they have developed standards that you can rely on in this situation.  Also, it may depend how long you wait after closing and after your discovery of the transaction to alert them to your claim.... Read More

Have you provided the written notice to your landlord required by F.S. Section 83.51?  You should review Chapter 83 of the Florida Statutes. The relevant part of F.S. Section 83.56 is as follows:   83.56 Termination of rental agreement. -(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows:(a) If the landlord's failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable.(b) If the landlord's failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.  The remainder of the above statute as well as all of Chapter 83 are available online.   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