Blog Posts in February, 2012
Posted on Feb 29, 2012 By Marco Island Attorney
Question: I have a contract to sell my condominium. The buyer just told me he is terminating the contract and can get his deposit back because the contract did not disclose that the buyer could ...
Continue reading "It's The Law: Condo And HOA Resales Require Disclosures" »
Posted on Feb 28, 2012 By Marco Island Attorney
Question: I am president of a condominium association. One of our units is in mortgage foreclosure. Our board is interested in buying the unit, renting it and eventually selling it at a profit when ...
Continue reading "It's The Law: Condo Association Can Buy Unit At Foreclosure" »
Posted on Feb 23, 2012 By Marco Island Attorney
Question: I took my car to the shop for repair. The bill was much higher than I expected and now the shop owner claims he will sell my car unless I pay the bill. Do I have rights? Answer: Vehicle ...
Continue reading "02/23/12 It's The Law: Statutes Provide Auto Repair Protection" »
Posted on Feb 20, 2012 By Marco Island Attorney
Q: My spouse got custody of our children in our divorce. I have since remarried and am doing well financially. I think our children would be better off with me. How difficult is it to change custody ...
Continue reading "It's The Law: Custody Changes Are Not Easy" »
Posted on Feb 19, 2012 By Marco Island Attorney
Q: I was in a car accident and am in the process of settling my claim for a substantial amount of money. My spouse just filed for divorce and claims my personal injury award is subject to division in ...
Continue reading "It's The Law: Divorcing Spouse Can Get Personal Injury Award To The Other Spouse" »
Posted on Feb 17, 2012 By Marco Island Attorney
Q: My grandfather’s will leave everything to his children and their “descendants by blood.” Our family has often gossiped that my uncle Frank is not really the father of my cousin ...
Continue reading "It's The Law: DNA Testing May Not Be Used To Determine Beneficiary" »
Posted on Feb 16, 2012 By Marco Island Attorney
Question: I bought a new car a few months ago and it has a lot of problems. It has been in the shop more than on the road. Doesn't Florida have a law that will make the dealer give me a new car? ...
Continue reading "02/16/12 It's The Law: Florida Has A Lemon Law" »
Posted on Feb 14, 2012 By Marco Island Attorney
Q: I heard Florida law provides that if I buy property and place it in joint names with my spouse, my spouse owns half of it and at divorce my spouse retains that half. I have a prenuptial agreement ...
Continue reading "It's The Law: Florida Gift Presumption Of Jointly Owned Property Loses To Pre-Nuptial Agreement" »
Posted on Feb 14, 2012 By Marco Island Attorney
Q: I am on a condominium board of directors. Some of our owners are not paying their assessments and others refuse to pay fines. We sent a demand letter and the owner claims that we are in violation ...
Continue reading "It's The Law: Fair Debt Collection Practices Act Does Not Apply To Condo Fines" »
Posted on Feb 9, 2012 By Marco Island Attorney
Question: If someone dies, how do his creditors get paid? Answer: Death is not generally a good method for avoiding creditors. In addition to the obvious disadvantage, Florida statutes credit ...
Continue reading "02/09/12 Its The Law: Dead Men Still Pay Bills" »
Posted on Feb 9, 2012 By Marco Island Attorney
Q: I heard a Realtor who was convicted of drunk driving lost his real estate license because of that conviction. I do not think drunk driving has anything to do with real estate sales. Can the Florida ...
Continue reading "It's The Law: Florida Real Estate Commission Regulates Brokers" »
Posted on Feb 8, 2012 By Marco Island Attorney
Q: I have an adjustable rate loan and my monthly payment has increased a lot over the past two years. At the time I got my loan, the lender showed me a chart under which my monthly payment would only ...
Continue reading "It's The Law: Florida's Deceptive And Unfair Trade Practices Act May Afford Relief To Borrowers" »
Posted on Feb 7, 2012 By Marco Island Attorney
Q: I am behind in my mortgage and I am afraid I will lose my home through foreclosure. What might happen if I don't get enough of money to pay the mortgage? A: Until the past few years, there was ...
Continue reading "It's The Law: Foreclosure, Forbearance, Forget It - Mortgage Problem Opportunities" »
Posted on Feb 6, 2012 By Marco Island Attorney
Question: I owned a house when I got married. Now I am getting divorced and my spouse wants half of the house. Do I get to keep the house? Answer: Section 61.075 of Florida Statutes governs ...
Continue reading "It's The Law: Increase In Value Of Non-Marital Asset Might Be Marital" »
Posted on Feb 3, 2012 By Marco Island Attorney
Question: I understand Florida has a lot of technical requirements that must be met to have a legally recognized marriage. A friend of mine told me that he got married in Florida without a license and ...
Continue reading "T's The Law: Marriage May Not Need To Meet All Legal Requirements To Be Valid" »
Posted on Feb 1, 2012 By Marco Island Attorney
Question: I am involved in a lawsuit and my attorney tells me the judge has ordered our case to mediation. Can you explain mediation? Answer: Mediation is a process under which a neutral mediator ...
Continue reading "It's The Law: Mediation Can Resolve Lawsuits" »