Florida Residential Real Estate Legal Questions

Please do not go on his mortgage without owning the property.  Purchase the home by entering into a lease purchase that would give the seller enough money to cover his mortgage and you enough time to establish a good downpayment.  Then in a year or two, you can exercise you option and get a mortgage for more than the purchase price and use the additional money for a new roof. Give me a call to fully discuss. Sincerely yours, Holly Cohen 305 891 2810... Read More

If properly drafted and executed, it takes effect immediatly as between the Grantor and Grantee, however a deed should be recorded with the clerk of court to put 3rd parties on notice of title/ownership. This helps avoid intervening claims of  3rd party "secret owners"    Florida law states: No conveyance, transfer, or mortgage of real property, or of any interest in real property, nor any lease for a term of one year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice unless it is recorded according to law;... Read More

Typicaally, no one can give a mortgage on property that he doesn't own or have some legal rights to. There are exceptions like leases (possessory right) which can be mortgaged, but your case doesn't sound like one of these exceptions. The mortgage might have predated your ownership and you took property subject to the mortgage. I'd need more information. Note: a mortgage is a lein but gives no ownership interest to the holder.... Read More

  I'm a little unclear about your deed. You say "The deed states tenants in common with life estate to me." This suggest that you own a life estate, but  I expect that you own more than a life estate as banks will not usually lend money to owners of life estates .    You should have an attorney look at the deed . However,  to answer your question , if in fact you own a property with your brother, then he must sign any mortgage on the property as well. There is really nothing you can do about that. You could buy him out but if he refuses, you'd have to sue him for partition of the property by the court.... Read More

You may have some options at your disposal.  The issue is whether the lease requires the 60 day notice and whether how you provided the notice (by phone and by email) constitute proper notice.  If the lease is ambiguous as to what consitutes a "written notice," I'm inclined to argue that the email you provided suffices as written notice.  However, if the lease dictates something like the written notice must be sent by Certified Mail, Return Receipt, that could be problematic.  Nevertheless, you may have an argument on that one.  Really, you need to have your lease reviewed by an attorney to get all of your options.  Something you may want to lookout for is whether your landlord seeks to charge that "April rent" by charging against the security deposit.  If it is a security deposit, it covers damages above wear and tear; however, many landlords try to use it for missed rent.  Your landlord has a certain notice procedure he or she must follow regarding the security deposit and mistakes can adversely affect your rights as a tenant.  The long short is that in its ugliest form, whoever the victor, the end point would likely be small claims court.  Generally, it is best to negotiate an amicable solution (if possible).  However, in my experience, you may find the services of an attorney very helpful in such an endeavor.... Read More

From your description, I'm assuming you are the sole owner of the home.  If he has been paying rent each month, even though no written lease, you may be able to get him out through an eviction process - first giving at least 15 days notice (assuming rent was paid month-to-month).  It would be easier with a written lease, but since he's paid rent, there's a chance you'll be successful through the eviction process (it is quicker and cheaper).  The other legal options would be an unlawful detainer (guest that's overstayed their welcome) or an ejectment.  In my experience, when it is a significant other that's the problem, either they'll leave once the process gets started or it will take a formal filing of an ejectment.  I would suggest first consulting with an attorney so that you are able to discuss the details in confidence and get the details of your best option(s).  Second, once you have the options, I'd suggest, if possible, retaining the attorney to take care of the issue for you (reasoning is that the attorney can generally operate in the courts more efficiently and to prevent the issue from growing into a bigger, more emotional, problem).... Read More

Look into the COA documents - the answer should be in those documents.  Quite frankly, I would be highly surprised to see a situation where a board member is authorized where he or she is not an owner/member of the association.  In the declarations, I would expect to find a section describing the necessary qualifications, powers, and procedures for the board of directors.... Read More

Assuming you've paid everything (including the attorney's fees and late fees, etc.), if the attorney hasn't released the lien, it may just be an oversight.  Bring it to the attention of the association and the attorney in writing.  If you're still getting no where, you may find it helpful to hire an attorney to straighten out the situation.  Unfortunately, getting the attention of the association's attorney can be tricky.  That's why putting it in writing with copies of the evidence that you paid everything will at least give you written evidence or your attempt to straighten it out should they attempt enforce the lien or something like that.  While frustrating, sounds like an oversight where you'll just need to get attention to it so that the release gets filed.  However, keep in mind that the ledger may show some type of outstanding fees - often lawyer's fees.  ... Read More

Generally, the answer is yes.  However, there are still a lot of outstanding variables for a blanket answer.  From your statements, I'm assuming this was a sales contract for residential real estate.  The standard contract should spell out the if/when of cancellation (which you state this didn't fall into an acceptable contingency to cancel) as well as the remedy if a party breaches.  If it is silent, you may have many remedies available (and some damages may be overlooked if you're not careful).  Sounds to me like you're at a point where a consultation with an attorney (particularly one versed in real estate litigation) would be to your benefit.  In my experience, these are situations where you don't want to sit around and wait, you should get legal consulation sooner rather than later.... Read More

Well, to answer your first question about whether you can take legal action against the property management company – sure; however, that’s not to say you’ll definitely be successful.  That said, if they were contracted to do A,B,C duties in exchange for your payment… and you paid, but they didn’t do A,B,C, that sounds like a pretty straightforward breach of contract case.  Without reviewing the actual contract, not much more I can surmise other than to look at it for your next step.  Generally, a service contract will have a provision dictating how to proceed in the case of a breach.  It should tell you whether arbitration or mediation are a first step as well as the proper venue and choice of law.  Litigation is not something most folks should do pro se – the rules are complicated and easily messed up. I’d suggest making an appointment with a local business litigation or contract litigation attorney and bringing your contract and the realtor’s photographs to discuss a detailed plan of action.  Even if you ultimately choose not to hire an attorney, it will at least give you the full picture of your case.... Read More

It all comes down to the contract.  And I’ll tell you, be cautious – realtors are notorious for popping up out of seemingly nowhere wanting their commission…even if you haven’t heard from them since giving notice that you wanted out of the contract.  The contract should have provisions that dictate what happens if you “cancel” the contract before the end of the term.  You’ll likely find that it is worth the money to hire a lawyer to review the contract and give you legal advice based on that review before proceeding.  You may be fine, but I’ve seen these situations go badly.  Last thing you want is to find all the revenue from the sale end up being spent on litigation.... Read More

With regard to the house itself, no, she wouldn’t be entitled to an interest in teh home say like an ex-wife may be entitled to the marital home.  Florida has no such thing as a common law marriage.  So, assuming you don’t do something like put her on the deed, the house should be safe in the event of a break-up.  Only caveat, if you two break up, she does have some rights to be in the home.  That is, you wouldn’t be able to just throw her out and change the locks.  You’d have to file an unlawful detainer or an ejectment to legally get her kicked out of the house.... Read More

The obvious answer is that with neighbors it is best generally to exhaust amicable options.  However, it appears that we’re down the rabbit hole a bit on that one.  So, what can you do?  From a non-court perspective, you can voice your frustration and either replace your hedges in defiance or live without hedges.  If you’re set on restitution, you’re probably looking a small claims court for the price of replacing the hedges.  If replacement costs over $5,000, then you’re in County Court.  Basically, you’ll need to prove the hedges were on your property and were your property and that the neighbor cut them (there’s some legal theories that can give you some room here, but essentially you need to prove they did it).  In a mix of the two, you might start with hiring a lawyer to fire off a solid cease and desist letter – that could do the trick.   If you would choose to litigate, you might find hiring a lawyer helpful so you can distance yourself from any anger or emotion that lawsuits can provoke.  Particularly with neighbors, these disputes can get a little heated if not managed properly.... Read More

Well, if your concern is whether having him move in will give him ownership rights in the property, the answer is no (assuming you don’t sign anything over to him).  However, once it becomes his primary residence, he doesn’t have rights to remain in the property.  That is, if things go south, you can’t just kick him out and change the locks.  Instead, you’ll probably have to file an unlawful detainer or ejectment.  Nevertheless, that’s really more of headache to be aware of rather than something to be concerned about with regard to losing any of your rights as the owner of the property.  Of course, that answer changes if you two get married or you start signing things over, but just having him move in doesn’t diminish your ownership. ... Read More

You’re in a tough spot.  The realtor could be correct; however, it all really comes down to how “fix” should be legally interpreted.  Is a patch enough to be considered a “fix” and therefore you agreed to it?  Or, as you (and I’m sure most buyers would) see it, fix means a permanent fix?  Of course, if you do the walk through and the pool level is down, arguably, it doesn’t matter because the patch is not working as a temporary or permanent fix.  Practically, here’s the issue – if you back out due to the pool, your contract probably states that your escrow goes to the seller (and may even allow for some other damages).  That said, there’s a consideration as to how much it is going to cost to fix the pool.  Ideally, you would be able to negotiate this fix into the contract.  Keep in mind, too, that the realtor wants the deal to go through because even though he’s “your” realtor, he probably gets at least half of the commission.  Legally, keep in mind that to “win” this argument means a lawsuit and having the court agree with you that the Seller failed to live up to the contract (breached it) and therefore, you’re owed your money back.  I would advise contacting a local real estate attorney to review your contract and discuss the details, and perhaps negotiate a resolution for you.... Read More

Wow – I’m sorry to hear about your experience.  Sounds like you might have a suit – likely to be filed in small claims (if it is for less than $5,000).  Before any attorney could weigh the strength of your claim, we’d need to take a look at your rental agreements.  Lady bugs, while not, for example, cock roaches, are still bugs and certainly take away from your enjoyment.  I’d say you may find it helpful to have a consultation with an attorney to review the rental agreement and discuss your options.  While you don’t necessarily need a lawyer to file and prosecute a small claims case, you may find it helpful to have one.  Again, though, without looking at the agreement, I can’t really tell how strong your claim (legally) would be.... Read More

Broken down in its simplest form – it comes down to your contract with your property manager.  You lease itself should be between you as owner and landlord and the tenant as tenants.  However, of course, you hired the property management company so you wouldn’t need to deal with the day to day problems (at least that’s my assumption).  So, to answer your question directly – what’s your recourse against the property management company?  Sounds like it may be a breach of contract.  Of course, your likelihood of success comes down largely to what your contract with the company says.  If you just want to be rid of them (rather than suing them), you would essentially be arguing the same thing – that is – that the company breached the contract.  Again, to be clear, this comes down to your contract with the property management company.  I’d say to sit down with a lawyer to discuss the contract and all of the facts and see what your options are… then create your game plan.... Read More

Well, I’d have to see the contract to be sure I’m not missing something, but breaking down your fact scenario to its most basic form – an entity tried to sell you a home it did not own.  That’s not allowed.  So, from what you’re saying, I’d say yes you should at least be entitled to what was spent.  Now, contracts do not allow for punitive damages, but you could have other damages.  However, I need to note, that it is possible that the contract has some language limiting potential damages.  I would get into an attorney’s office with that contract sooner rather than later.  The details need to be discussed in a confidential environment and that contract needs reviewed by an attorney.  Then, you’ll know your legal options and can proceed accordingly.... Read More

Well, yeah, it would probably get them to take you to court… probably to foreclose on a lien they’ll put on your property for non-payment.  In my experience, you will lose that battle.  You mention your purpose is that you think there’s “something fishy going on with the board of directors.”  Do you have any evidence of this?  You say that it isn’t shown in the financials given to owners, so the next step is to ask what raises suspicion?  Perhaps your first step is to address your concerns with the membership and, perhaps, raise it at a board meeting.  Look to your HOA documents for some guidance in what your board can and cannot do and what regulations exist.  From your facts as stated, no one can really say whether you have any legal recourse or not.  So, on that alone, you may find it helpful to sit down with an attorney in a confidential environment to discuss what evidence you have (or suspicions) and then consider your options.  That said, in response to the question you posed regarding having them take you to court – if you do that, you are taking a very big risk.... Read More