It's the Law

Q: My son wanted to ride go carts at a local track. Before the track let him ride, I had to sign a release form on behalf of my son. My son ended up driving off of the track and broke both legs. The track operator says the track is not liable because I signed a release. Is that correct? Full story »

Q: A few years ago I was in business with a partner. He took over the business, and now the landlord claims I owe money under a lease because I signed a guarantee. I am not in the business any more so I do not think the landlord should be able to sue me. Am I right? Full story »

Q: I live in a condominium. Ours is part of a bigger development. Under the covenants of the bigger development, a master homeowners association was also created. When I asked the president of the master association to take action against a noisy tenant in our building, he said that the master association did not have any authority to take that action. How can that be? Full story »

Q: I am on the board of directors of a condominium association. A few owners have stopped paying assessments and are rumored to be in mortgage foreclosure. Some of these units have not paid assessments in over 12 months. What can we do?
A: Your board is in a tough position. But it could be worse. In some condominiums that were purchased primarily by investors, a form of urban blight has crept in as a majority of owners stopped paying assessments, leaving the cost of operating the association on the shoulders of the few who did pay. If your condominium has only a few owners who are not paying assessments, you should review each unit on a case by case basis.
Condominium associations have a right to place a lien on units for unpaid assessments. The lien can be foreclosed just like a mortgage, which means that a foreclosure judgment will order the unit sold if the assessments are not paid.
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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? Full story »

Q: I am getting divorced. A friend told me Florida has a new law about child custody. Will that affect my case?

A: Earlier this year, Florida’s Legislative modified the child custody provisions of Florida Statute Chapter 61. That chapter deals with divorce, child support and related issues.
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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? Full story »

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 our divorce case. Can my spouse get part of my award? Full story »

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 the bank. Can you explain these options? Full story »

Q: I have a contract to purchase a condominium under construction. I just got an updated budget from the developer, showing an increase in the annual expenses and assessments. Can I terminate the contract? Full story »

My uncle left me a condominium in his will. I just found out the condominium has a mortgage on it. Will I have to pay the mortgage or will the estate pay it off before I get the condominium? Full story »

Q: I made an offer to purchase some property. The husband and wife owners signed the contract, but made changes. The husband brought me the contract. I made additional changes and the husband and I both signed it. Now, the sellers refuse to close. Can I sue for specific performance? Full story »

Q: I found a condominium that I really liked, but it went under contract just before I made an offer. The owner and I agreed to enter a backup contract. Closing under the earlier contract has been extended three times. Can I force the owner to sell to me? Full story »

Q: I got a judgment against someone that owes me money. Then I found out the judgment is not automatically paid and we do not imprison people for failure to pay debts. I know this guy has a lot of money in the bank, so how can I get it? Full story »

I am paying child support for my three children. One of my children turns 18 soon and I plan on reducing my payment by one-third. My ex-spouse tells me I have to go to court to do that. Can’t I not automatically reduce the payment? Full story »