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Per Florida statute 95.031, is this for all citizens of

Customer Question
Per Florida statute 95.031...

Per Florida statute 95.031, is this for all citizens of Florida defrauded thus given 12 years statutrws run out? Or is 95.031 oly given to govt, municipalities only in FL?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Florida, citizens of Florida as said above

Lawyer's Assistant: Has anything been filed or reported?

Im simply asking is it 12 years to file per fraud committed by my attorneys my realtor & the buyer of my homesteaded home ... all colluded , thus committed fraud ? I have email documenting the evidence

Submitted: 1 month ago.Category: Real Estate Law
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Customer reply replied 1 month ago
I'm going to sleep now, after waiting for a short answer since i think, 2 hours have passed.
Customer reply replied 1 month ago
I am having difficulty deciphering this FS95.031 Florida statute. If it only specifies govt. municipalities & the like and NOT INDIVIDUAL CITIZENS of Florida then statutes of limitations per fraud run out in 2 years per atty's, then 5 & 5 years per general other people. Can someone interpret the intentions & parameters per fraud by acts of collusion by 3 entities my atty, , my realtor & the real estate buyer of my homes atty. FS 95.031 for me please?
Customer reply replied 1 month ago
Is an attorneys work product (a quit claim deed) a product liability subject for a case befitting FS 95.031 i.e., 12 year statutes run. ? Subject is , Fraudulent Concealment willfully cased by 1. my atty his partner mayor of FT Lauderdale, per their work product a quit claim deed. My realtor acting/ lying in behalf secretly supporting the buyers & their atty. sue me & my deaf disabled sister, the FARBAR aka realty sale contract's space for my signature was forged , all while i was in Europe at the time. . per Hess v. Phillip Morris so. 3d FLA 2015
while my atty email wrote, he must see if his 4 law partners had a conflict of interest per a bank or a realty firm ,.my atty gave legal advice defectively omitting 3-5 days are added to 20 days to Answer a petitioners motion. Not explaining a rule adding postage time for mailing is fraud . This while my atty . had refused to support his work product the quit claim, the subject of the petitioners lawsuit is A quit claim the buyer/Petitioner filed suit for breach of contract because his mortgage co. required clear tile. his reasoning , the Quit claim was defective. 2. My atty chose to write, 7 months later that his partner gave legal advice to Petitioners atty. back 7 months before , thus my atty's created fraudulent conflict to abandon his fiduciary duty to his clients the defendants . My atty. e-filed paid for & med my sister to perform the alleged quit claim deed, which stopped the buyer from getting a mortgage all while the buyer's sale FARBAR aka realty contract stated no financing required ie, all cash.
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3/14/2018
Real Estate Lawyer: Wendy, Moderator replied 1 month ago
Wendy
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Customer reply replied 1 month ago
I'm patiently waiting for an answer the simplest question is : Is Florida Statute 95.031 applicable within 12 years , per willful fraud by 3 attorneys & 1 realtor who conspired to materially help their client , via frivolous & breach of contract lawsuit forcing a deaf disabled person & her elderly mother sell a $900,000 home at a price of $400,000.
Real Estate Lawyer: Lori, Lawyer replied 1 month ago
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 1,232
Experience: Real Estate Attorney with over 25 years experience
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H​ello. I am a licensed FL attorney with over 25 years experience. Give me a moment to review and type my reply.

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Customer reply replied 1 month ago
ok,
Real Estate Lawyer: Lori, Lawyer replied 1 month ago

S​ection 95.031, Fla. Stat applies to all causes of action and merely describes how to compute the time frame under applicable statute of limitations. Depending on the cause of action -- the statute of limitations starts at different points of time.

In FL - breach of written contract has a statute of limitations of 5 years from the date of the breach. Torts such as fraud have a 4 year statute of limitations. Negligence by the realtor/broker would be 4 years as well.

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Customer reply replied 1 month ago
why does FS 95.031 say 12 years per products & per Hess v. Phillip Morris Florida*****.
Real Estate Lawyer: Lori, Lawyer replied 1 month ago

I​f you did not discover the fraud right away -- that is okay. You have 4 years from the date you discovered the fraud. The 12 years is the outside deadline so that if you don't discover the fraud right away -- you have an outside deadline of 12 years from the date of the commission of the fraud. Thus, you discovered or should have discovered it within 12 years.

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Real Estate Lawyer: Lori, Lawyer replied 1 month ago

that is the same concept (an outside deadline) that is only applicable in product liability cases under 95.031 (2)(b).

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Customer reply replied 1 month ago
Is an attorneys work product a product? & thus 12 years statutes run? I am well statutes toll v. attorney mkalproctice etc. = 2 years, & the variable dates such as 4, 5 & 6 years statutes toll . That is why I'm asking why does FS95.103 say 12 on products.
Customer reply replied 1 month ago
your words "an outside deadline" how does that apply to my question please?
Real Estate Lawyer: Lori, Lawyer replied 1 month ago

an attorney's work product is not a product -- it is services. The attorney can be sued for negligence or breach of contract. Professional malpractice is 2 years.

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Real Estate Lawyer: Lori, Lawyer replied 1 month ago

T​he 12 years as an outside deadline does not normally apply to attorney malpractice. If the attorney defrauded you or engaged in theft/conversion, you may be able to sue the attorney for fraud - within 4 years of discovery of (or should have discovered) the fraud but in no event later than 12 after the fraud was done.

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Customer reply replied 1 month ago
I know 2 years per atty's. malpractice etal ... so you are saying attorney " work product " or a realtor is not in the legislatures intent for a product per 12 years discovering fraud ? This is simply my one reason coming to just answer 2 days ago.
Customer reply replied 1 month ago
i must rush out now caring for my disabled sisters needs, ill be back in 30 min.
Real Estate Lawyer: Lori, Lawyer replied 1 month ago

Okay. Yes, that is what I am saying. An attorney's " work product " or a realtor is not the legislative intent for a "product" for the 12 years to apply under 95.031.

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Customer reply replied 1 month ago
You look familiar, if you married my friends i.e, friend of Dr Dave. (Veterinarian) & Richard Zaden Esq. sent me to your boss a bankruptcy firm ..... an atty. with a turban , ( I cant recall his name) the law firm was way out West Broward Co. .
Customer reply replied 1 month ago
Do you know the FS statute giving language realtors & attorneys work product is not a product. Makes me wonder why its called work PRODUCT. its odd a contract isn't a product, by definition, legislated by FL congress.
Real Estate Lawyer: Lori, Lawyer replied 1 month ago

There isn't a statute to say it is NOT a product. Products is defined by case law and under the comparative fault statute:(d) “Products liability action” means a civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product. The term includes an action alleging that injuries received by a claimant in an accident were greater than the injuries the claimant would have received but for a defective product. The substance of an action, not the conclusory terms used by a party, determines whether an action is a products liability action.

All attorney services are defined by case law as negligence or malpractice.

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Customer reply replied 1 month ago
Now I realize.... its despicable attorneys are given a pass ,thus willfully cheat their clients, only to protect the firm, not the client from said Atty's defective work product, then conspire aid abet a petitioner atty. willfully hiding said 7 months , utilizing clent privelege to an attorney not said atty's petitioner , all while breaching fiduciary duty & client privacy , in other words using giving client privilege to an attorney who sued his long standing clients , . .
I found the reasoning googling key words:
The Work-Product Privilege in a Nutshell
by Thomas D. SawayaPage 32The work-product privilege or doctrine 1 originated in the seminal case of Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385 (1947, in which the U.S. Supreme Court held that statements of witnesses obtained by an attorney prior to trial were privileged and thus protected from discovery. The Court reasoned that to allow otherwise would be contrary to the public policy underlying the orderly and just prosecution and defense of claims. Florida's courts subsequently adopted the work product privilege2 and it eventually became incorporated into the Florida rules of civil and criminal procedure.3 When applying the work-product privilege, courts generally use the same principles in both civil and criminal cases.4Fla. R. Civ. P. 1.280(b)(3) defines work product as "documents and other tangible things . . . prepared in anticipation of litigation or for trial." This rather broad definition has been narrowed because judicial labor over a constant flow of litigation has resulted in a set of rules and principles aimed at applying the doctrine with consistency and precision. These rules and principles are premised on a court's initial interpretations which relate the doctrine to policy considerations rather than to legal concepts of privilege and relevance.5
Customer reply replied 1 month ago
bye
Customer reply replied 1 month ago
Lori's answer my be wrong. There is civil procedure rules stating when Z & S atty firm's work products are not during defense & petitioning , ie Z& S attys work products are ideas & thus protected from blame. I'll dig further & cite specific procedural rules & statutes i f i can find them....... otherwise please read between my lines & try to explain why a quit claim deed aka a title produced by Z&S attorneys , then 9 years after said atty e-files & pays for doc stamps etc. the quitclaim a suit is brought v. myself, my deaf sister & our elderly mother for breach of contract . The buyers reasoning he needed a mortgage to buy our homesteaded house but the FARBAR (FL realtors sale contract) agreed "no financing" all cash payment. Thus the buyer breached, & my attys Z&S aided abetted B Esq ( buyer/ petitioners atty.) & Z&Sesq's willfully delayed admitting, having given legal advice to the buyer/petitioners atty. Mr B Esq. ( not a conflict with the buyer himself but the buyers atty. B esq himself personally) who was given legal advice from my attorney S esq who had 9 years previously produced the quit claim for my sister & mother.
our atty's Z&S created a conflict to abandon us, allegedly due to his liabilities created by Z&S' defective quit claim, although it became self cured before 9 years passed. yet Z&S neglected to give that legal advice to us. . Thus I reason, my atty's Z&S willfully committed fraud covering up errors in their quit claim work product, which has nothing to do with defense or litigation or a crime 9 occurring years prior to the suit brought by the buyers via their atty. B Esq..
Customer reply replied 28 days ago
As per your responses above weeks ago, i interpret your words to mean There are civil procedure rules stating when Z & S aka my long standing atty firm's work products.....that i was & continue requesting your advice about. But know this , the atty's work product was a quit claim deed not anything to do with defense or petitioner work .. In other words your word alluded to my long standing atty's Z& S ' work products are ideas & thus protected from blame. You see a quit claim deed is not an idea its a title contract.i was sued frivolously by an atty for a buyer of our homestead , per breach of contract , int that there may be a cloud in the quit claim, taht was doc stamps paid for produced & e-filed by my atty's Z&S. in 2001 . More to the case, the petitioner's FARBAR sale contract offered 100% cash NO FINANCING NECESSARY , yet their mortgage company found the defective title , ie the cloud. Specifically in that my father was not enjoined on that 2001 quit claim deed made by my ATTY'S Z&A. . I learned that quit clam became self cured over 5 years which in fact 9 years had passed at time of lawsuit suit & sale contract , & my father had passed away in 2001 .
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