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Blog Posts in May, 2012

It's The Law: Handicap Accommodations In Condominium

Question: I am disabled and have difficulties negotiating the step into my condominium. My therapist says a ramp is needed but my condominium said a ramp is not allowed because it is a material ...
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It's The Law: Purchase Option Should Be Definite

Question : I want to sign a lease for an option to purchase. The Landlord has provided me with a lease, and added a paragraph that says "tenant has an option to purchase this property." That ...
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05/31/12 It's The Law: Undue Influence Voids Will

Question: My sister has been hanging around my mother a lot recently. I hear that mom has now changed her will so that my sister gets everything. That does not seem fair. Can I challenge the will? ...
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It's The Law: Contract Can Set Amount Of Damages For Breach

Q: I signed a contract to sell my condominium and the buyer backed out. I was lucky to sell it to another buyer, but it sold for $40,000.00 less than the first contract. The buyer under my first ...
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It's The Law: Real Estate Brokers Can File Liens For Commission

Q: I am selling my pizza shop and I have a dispute with my Realtor. He has threatened to file a lien to protect his commission. Can he do that? A: In 2005, Florida's legislature decided that ...
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It's The Law: Federal Law Limits Debt Collector

Question: A bill collector is hounding me at work and at home. He calls me all the time, sends me letters and is making my life miserable. Isn't there a Federal law that limits actions by debt ...
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05/24/12 It's The Law: Alimony Can Be Modified

Question: I am divorced and paying my ex-spouse alimony. He claims he needs more money and is going to take me back to court. Can my ex-spouse do that? Answer: It's complicated. Section 61.14 of ...
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It's The Law: Real Estate Brokers Have Strict Escrow Obligations

Q: I recently signed an offer to purchase a condominium. I gave the Realtor a deposit check for $10,000.00, but asked him to hold it until I could get some money into the account. He said he could not ...
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It's The Law: Contractor Must Be Given Opportunity To Repair Before Suit

Q: I hired a contractor to do some remodeling and add a room to my home. There are a lot of problems with the construction and I want to sue. Somebody told me I have to give the contractor notice and ...
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It's The Law: Rescission May Be An Option In Recession

Question: I have a contract to buy a house. The house backs up to a park like area that the seller told me was preservation property that could not be developed. I just read an article in the ...
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It's The Law: Recovery For Defective Construction May Be Limited By Economic Waste

Q: I hired a contractor to build a custom home. When he got done, I found that the dimensions of many rooms were not true to the plans, elevation of the garage was 1 foot lower than it was supposed to ...
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It's The Law: Salt Or Battery?

Question: I am having an argument with a friend. He claims there is no difference between salt and battery from a legal standpoint. I claim there is. Can you help end our debate? Answer: First, ...
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05/17/12 It's The Law: Pre-Nuptial Agreements Are Enforceable

It's the Law Pre-Nuptial Agreements are Enforceable (05/17/12) Question: I am thinking about entering my second marriage. I want to protect my assets in divorce and make sure they pass to the ...
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It's The Law: Don'T Count On Your Banker To Protect You

Question: A while back I borrowed money from the bank to buy some real estate. The initial interest rate was very low, but it was adjustable. The interest rate has increased and I can not afford the ...
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It's The Law: Save Our Home's Property Tax Cap Is Constitutional

Q: I am a resident of New York but own a winter home in Florida. My next door neighbor and I bought our homes at about the same time and same price. My neighbor’s home is his primary residence ...
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05/10/12 It's The Law: Attorneys' Fees Can Be Awarded in Divorce

It's the Law Attorneys' Fees Can Be Awarded In Divorce (05/1012) Question: I am going through a contentious divorce. My spouse fights about everything and even makes up things to fight about. ...
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05/03/12 It's The Law: New Law Fixes Forgotten Issues In Divorce

Question: A friend of mine recently went through a bitter divorce from his second wife. Shortly after the divorce, he died but did not change his will. His will left everything to his now ex-wife. His ...
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It's The Law: Florida Homestead Tax Breaks

Question: I am new to Florida and understand that my home gets special taxes treatment. Can you explain? Answer: If Florida is your permanent and primary residence, you are eligible for homestead ...
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It's The Law: Sellers Need Attorney Representation

Q: I am selling my real estate. Somebody suggested I use a title company for my closing but most of my friends recommend using an experienced attorney. What exactly does an attorney do for a seller in ...
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