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Ask Irwin Law Your Own Question

Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4715
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I rented my condo through Re-max in Jacksonville, Florida and

Customer Question

I rented my condo through Re-max in Jacksonville, Florida and went overseas. While abroad my wife and the Re-Max agent did alterations to my condo without my consent. They also let the tenant out of the lease 3 months early without my knowledge.
the total cost including late charges which Re-Max did not charge is about $5491.00
My question is, is it legal do do these costly things even though my wife agreed to it. We both signed to lease the condo but when out of the country they did not notify me or get consent. Not even an email.
Thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.

I am not sure what your question is. Are you contemplating a suit against Re-Max? Are you trying to assess your chances? If the answer to your question is negative regarding your chances of success, will you automatically rate that as a poor or bad answer?

Customer: replied 1 year ago.

I am trying to get compensated for money spent which I as a joint owner of the condo did not agree to. 3


Re-Max did not ask my permission on any money spent.


 


Thanks for your reply

Expert:  Irwin Law replied 1 year ago.

You originally referred to it as "my condo". Is it in your name jointly with your wife? If it is in fact jointly owned did both of you sign the management contract? Where did the money come from to pay for what was done? Did you ever instruct the agent in writing that they had to have your approval as well as your wife's before spending money?

Customer: replied 1 year ago.

We both signed the management contract and NO I did not instruct the agent in writing that that they could spend the money. My wife did but I was out of the country.

Customer: replied 1 year ago.

I never got an answer

Expert:  Irwin Law replied 1 year ago.
Hello again. I just received your last information. The site has had some tech problems over the weekend. A co-owner of property, i.e. your wife, has the apparent authority to direct the management company without the consent of the co-owner. Her authorizations with regard to management and the expenditure of funds binds you and bars any recovery by you as co-owner. I presume that you don't wish to sue your own wife over this, but the management company undoubtedly would have the right to, if you go after them.
I hope this Answer is helpful and that you will give it a positive rating. If you have any follow up questions please send back a Reply. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.
Expert:  Irwin Law replied 1 year ago.

hello again. I do not understand your "bad service" rating. You said : My question is, is it legal do do these costly things even though my wife agreed to it. My answer was "Yes", it was "legal". If you try to sue ReMax for breach of the management agreement, they will have numerous legal defenses to assert. In addition, they will most likely (I would) cross-file against your wife for any damages that you are suing them for on the grounds that she misrepresented her authority. I could easily have told you that you have a good case vs ReMax, but in truth you don't. That's why they'll ignore you and their attorney will ignore your attorney. We do not tailor our information to what the customer obviously wants to hear. I hope you will come to understand that the legal information I have provided may well save you a great deal of frustration and legal expense, and you will adjust this rating to a positive one.

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