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Blog Posts in March, 2012

It's The Law: Time For A Contract Performance May Not Be Critical

Q: I recently made an offer to purchase a house which included a time limit for the seller to accept. The seller did not sign and return the offer until after the time for acceptance passed. We moved ...
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03/29/12 It's The Law: Contracts Come In Many Forms

Question: I thought I had a contract with my customer. I started writing but, we ended up making deals by telephone. I did everything I thought I was supposed to, but now he refuses to pay because he ...
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It's The Law: Timeshare Contracts Need Special Language

Question: I own a timeshare week and want to sell it. One of my friends is in real estate sales and said she would help me. Is there anything different about timeshare sales as opposed to sales of ...
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It's The Law: Triple Damages Available For Bad Checks

Question: I got a check the other day that bounced. What claims can I make against the person who gave it to me? Answer: A check is considered worthless if it is drawn on an account with insufficient ...
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It's The Law: Wills Must Meet Statutory Requirements

Q: One of my friends told me a story about someone’s last will and testament that was rejected by a court because it was not properly executed. What are the requirements for a valid will in ...
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It's The Law: You Might Get A Commission Even Without A Listing

Question: I was working with a Realtor to sell my house and he did. We have no formal agreement for a commission, but he wants one. Do I have to pay? Answer: A listing agreement or contract to pay a ...
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It's The Law: Violations Involving Checks And Drafts

Q: I sold some used furniture and the buyer gave me a bad check. What can I do to collect? A: Passing a bad check in Florida is a criminal action which also gives rise to civil liability. Your first ...
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03/22/12 It's The Law: Who Repairs Water Damage In A Condominium

Question: I live on the ground floor of a condominium. Some of my windows do not lock and I think it's a security problem. I asked the president of our condominium to arrange repair for the ...
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It's The Law Be Careful With Contract Contingencies

Question: I received an offer to purchase my house, but the offer has a lot of contingencies. The contingencies include sale of the buyer's home, financing and inspections. I am concerned that the ...
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It's The Law: Virtual Adoption Can Create Heirs

Q: A friend of mine was raised by his uncle from the age of 2. The uncle died without a will. The uncle's other children now claim that my friend has no right to share in the uncle's estate. ...
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It's The Law: A Real Estate Broker Can File A Lien

Question: I am selling some property and arguing with my broker about his commission. He said he will file a lien if I do not pay him. Does a real estate broker have a right to file a lien? Answer: ...
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It's The Law: Unemployment Compensation Might Be Available Even If You Quit

Q: I gave my boss two weeks notice that I would be quitting. He got so mad he fired me on the spot. Can I get unemployment compensation? A: Unemployment compensation is a rather complicated system of ...
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It's The Law: Will Can Impose Marriage Restrictions

Question: My father has a clause in his will that I only get something if I am married to a person of a particular religious faith. Is that legal? Answer: The right of a person to include restrictions ...
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It Is The Law: Short Sales And Deeds To Lenders Can Be An Option

Q: I am in over my head on a condominium and cannot make the mortgage payments any longer. Friends of mine have told me I should try a short sale. Other friends tell me I should just deed it back to ...
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It's The Law: Loaning Your Car Equals Liability

Question: One of my friends keeps borrowing my car because his is always breaking down. Am I liable if he hurts someone? Answer: A motor vehicle is considered a dangerous instrumentality. In Florida, ...
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It's The Law: Virtual Visitation Can Be Ordered By The Court

Q: I am divorced. My company is downsizing and moving our entire operation to North Carolina. I currently see my children and all of their school events and they stay with me every other weekend. ...
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It's The Law: A Contract Can Be Created By E-Mail

Question: I received an e-mail offer for a car I am selling. I sent back an e-mail accepting the offer, and now the buyer claims we did not have a contract because we did not sign a contract. Is the ...
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It's The Law: A Durable Power Of Attorney Is Important When Ill

Question: My wife is very ill and our insurance companies and others will not talk to me about her case because they say I have no authority. Can you help me find a way to deal with these problems? ...
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It's The Law: All Might Not Be Lost In Foreclosure Assistant Scam

Q: A friend of mine lost his job and fell behind on his mortgage. He was contacted by a person claiming to work for a mortgage assistance company, who promised to help him keep his home. He paid the ...
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03/01/12 It's The Law: Condo Purchasers Have Protections

Question: I am looking at buying a condominium. If I buy from a developer, I understand Florida law requires a lot of disclosures. What if I buy from a non developer? Answer: Florida's original ...
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It's The Law: Attorney Fees Can Be Recovered If Provided By Statute Or Contract

Q: A company I do business with has threatened to sue me. I know law suits can be expensive and am wondering if I will be able to get my attorney fees paid as part of the suit? A: With very limited ...
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