Seller Defaults on a Residential Sales Contract in Florida

Posted By on June 30, 2015

What happens when a seller defaults on a real estate contract?

It is true that in many residential real estate transactions, it is the buyer that has second thoughts about buying that home or condo and tries to find a way to back out of the deal. However, that’s not always the case; sellers often decide they don’t want to go ahead with selling their property, too.

So, in South Florida, what happens when the seller gets cold feet or the seller can’t perform what he or she contracted to do? The answer lies in the contract.

Does the Language of the Florida Residential Sales Contract Control?

Here in South Florida, most people who are selling a home, condominium, townhouse, or other residential real estate will use a “standard” residential purchase and sale contract form, one of several that are recognized in Florida for residential real estate transactions.

These residential purchase and sale contract forms, once signed by the parties, becomes the document that governs their transaction.

The contract, for instance, outlines what happens in the event of default by either the seller or the buyer (which is one more reason why it is so important to have a Florida real estate lawyer review your documents for you when you are buying or selling a house or condo here).

There is not just one sale contract form used here and throughout Florida; there several “standard” Florida real estate contracts which buyers and sellers can use. However, in the tri-county area of Broward County, Miami-Dade County, and Palm Beach County, most sellers and buyers execute one form which was drafted, finalized, and approved in a joint effort between the State Bar of Florida and the Florida Realtors (TM) association.

Is a “Default” Defined in the Sales Contract?

How and when a seller defaults on a residential real estate contract is spelled out in the contract itself. Pursuant to the language of the Florida Bar – Florida Realtors (TM) form ASIS-3 agreement, default is defined in paragraph fifteen (15) for both the buyer and the seller.

Reading that paragraph you will find the following description of when the Seller is consider to legally default on the deal:

(b) SELLER DEFAULT: If for any reason other than failure of Seller to make Seller’s title marketable after reasonable diligent effort, Seller fails, neglects or refuses to perform Seller’s obligations under this Contract, Buyer may elect to receive return of Buyer’s Deposit without thereby waiving any action for damages resulting from Seller’s breach, and, pursuant to Paragraph 16, may seek to recover such damages or seek specific performance. This Paragraph 15 shall survive Closing or termination of this Contract.

What does that mean? The Buyer can ask for their deposit to be returned to them and either sue the Seller for damages or seek to force the Seller to sell the property to the Buyer.

If the Seller fails to “make title marketable after reasonable diligent effort,” that is NOT considered a default. Sales contracts have time limitations within them; there is a deadline for closing a transaction. If the Seller cannot get clear title to the home or condo within that time period, despite his or her reasonable efforts to do so, then the Seller will not be considered in default under the language of this form contract paragraph (in this case, the buyer can either cancel the contact and receive his or her deposit or proceed with the transaction and accept the title as is).

Examples of a Seller default include:

  • Not allowing access to the property for inspections;
  • Not providing condominium documents to the buyer before the closing date; and
  • Not providing or disclosing material facts within the Seller’s knowledge that affect the value of the Property and are not readily observable to the Buyer.

How is a Breach of a Sales Contract Settled?

In instances where the Seller is in default as defined by the Default provision of the contract, what can the buyer do to settle the dispute? Again, the language of the contract itself will control what happens. In the form agreement referenced above, the parties agree to take their controversy to an alternative dispute resolution forum (aka mediation) before either party can file a lawsuit. The form contract also handles who pays what in fees and expenses in a mediation and any subsequent litigation.

According to paragraph 16:

DISPUTE RESOLUTION: Unresolved controversies, claims and other matters in question between Buyer and Seller arising out of, or relating to, this Contract or its breach, enforcement or interpretation (“Dispute”) will be settled as follows:

(a) Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to attempt to resolve such Dispute, failing which, Buyer and Seller shall submit such Dispute to mediation under Paragraph 16(b).
(b) Buyer and Seller shall attempt to settle Disputes in an amicable manner through mediation pursuant to Florida Rules for Certified and Court-Appointed Mediators and Chapter 44, F.S., as amended (the “Mediation Rules”). The mediator must be certified or must have experience in the real estate industry. Injunctive relief may be sought without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 may be resolved by instituting action in the appropriate court having jurisdiction of the matter. This Paragraph 16 shall survive Closing or termination of this Contract.

ATTORNEY’S FEES; COSTS: The parties will split equally any mediation fee incurred in any mediation permitted by this Contract, and each party will pay their own costs, expenses and fees, including attorney’s fees, incurred in conducting the mediation. In any litigation permitted by this Contract, the prevailing party shall be entitled to recover from the non-prevailing party costs and fees, including reasonable attorney’s fees, incurred in conducting the litigation. This Paragraph 17 shall survive Closing or termination of this Contract.

Can a Real Estate Lawyer Add Value and Help?

If you have signed an agreement to buy a home here in Florida, or if you’ve signed a contract to sell your residential real estate, then you should be familiar with and know your rights and obligations under your agreement.  Often times, clients will want to know how they can walk away from a deal without repercussions, including being be forced to pay damages and attorney fees. Usually, these situations can be resolved with the help of an experienced Florida real estate lawyer, through settlement negotiations, with the goal of avoiding a prolonged and expensive court battle.

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Do you have questions or comments? Then please feel free to Chat with Larry in the comments below, at info@hallandalelaw.com, or (954) 458-8655. If you have a specific or personal situation, please call or email Larry because he can’t answer specific fact questions in general comments.

Closing on Florida Real Estate: Seller’s Documents at Closing

Posted By on June 23, 2015

Selling your home or condo here in South Florida means marketing your residential property either by yourself (”For Sale by Owner”) or through a real estate broker to find a buyer who has the financial means (cash or mortgage loan) to pay for it. Depending upon the housing market, selling your condo, townhouse, or single family home can be a quick sprint or a long-term adventure.

Part of that journey for many Florida home sellers is enduring all of the steps required to get to the closing and consummating the sale of their property (the inspections, the appraisal, title searches, etc.). While residential buyers have their own responsibilities regarding a Florida closing, sellers of residential real estate also have duties to meet at or before closing, too (providing clear title, disclosing known defects, making repairs, etc.).

How and Why? Both Florida state law and federal statutes and regulations impose requirements upon sellers in the sale of their single family home, condo, or other residential property. These requirements include providing certain documents to a buyer at or before closing.

5 Common Seller Documents Used In Connection With a Florida Residential Real Estate Closing

 

1. Bill of Sale to Transfer Personal Property.

In Florida, when a homeowner sells their home there usually is personal property being sold along with the real estate. Common types of personal property sold with Florida residential real estate include, a range or an oven, a refrigerator, dishwasher, disposal, ceiling fan, intercom, light fixture(s), drapery rods and draperies, blinds, window treatments, smoke detector(s), garage door opener(s), security gate and other access devices, and storm shutters/panels, wine cooler, washer and dryer.  Under most Florida residential real estate purchase and sales contracts, the means by which these items are transferred to the buyer is through the use of a bill of sale, which is provided to the buyer at closing.

2. Deed.

The Deed, usually a Warranty Deed, is the document that memorializes the transfer of ownership from the seller to buyer.  That document is recorded in the public records of the county where the property is located to legally show that title to the property has been transferred. Until the Seller signs the Deed and it is recorded in the the county public records by the clerk’s office, the closing is not finalized and the land and the improvements there have not been legally transferred to the purchaser.

A Warranty Deed confirms certain warranties by the Seller onto the buyer — deeds can be “warranty deeds” or they can be Quit Claim Deeds where the Seller transfers the realty without warranty (a Quit Claim Deed basically means the property is being sold “as is” as it relates to the ownership of the property).

3. Agreement Related to Property Taxes.

At the closing table, the Seller is relieved of his or her duty to pay the ad valorem property taxes on the real estate being sold. However, a lot of times the taxes paid by the seller at closing are based upon the gross tax amount due from the prior year (it is done this way because a lot of times the exact amount of real estate taxes due for the year of the closing has not yet been determined by the taxing authority). In order to avoid the seller paying to much or to little in taxes at the closing, the parties may agree in a separate written agreement that they agree to prorate the taxes when the final tax bill is determined by the county taxing authority (In South Florida tax bills are sent out in November for the year in which the taxes are due).

4. Affidavit

In order to complete the sale, the Seller is required to provide an Affidavit in which he or she, or both, swear at closing that, among other things, there are no outstanding contracts for the sale of the property, there are no liens, encumbrances, mortgages, claims, boundary line or other disputes, against the Property, there have been no improvements made upon the Property within the past ninety (90) days for which there remain any outstanding and unpaid bills for labor, materials or supplies, there are no matters pending against Seller which could give rise to a lien that would attach to the Property, there are no judgments, claims, disputes, demands or other matters pending against Seller that could attach to the Property and there are no violations of governmental laws, regulations or ordinances pertaining to the use of the Property.  These representations are made by the seller under the full understanding of the law regarding liability for any misrepresentation.  Meaning, the seller can be sued if any of the information is knowingly false.

5. Power of Attorney

A Power of Attorney is a legal document that conveys legal authority upon a party to act on behalf of another party (the party granting the authority is the “principal” and the party receiving the authority is the “agent”).  A lot of times, a power of attorney is used when the seller, or buyer, is located out of state or is unavailable at the time of the closing.  A power of attorney used in connection with a closing is usually very specific, meaning that it is given only in connection with a particular transaction. When a power of attorney is used, it is recorded in the public records along with the Deed as part of the closing.

Sellers and Florida Residential Closings

Most closings (those where the buyer obtains a mortgage loan) involve more paperwork for the buyers than they do for the sellers of residential real estate. However, this statement is not true when the buyer pays cash for the property – then, the buyer generally only signs a closing statement. Banks and other lenders require lots of disclosures to be made to and by the buyer in a Florida residential real estate transaction. Banks will also require things like special endorsements to title insurance and certain  inspections be performed before they will finance the loan.

Sellers, meanwhile, usually do not have as many tasks to perform after the buyer has signed the purchase and sale contract — the big job for many Florida residential sellers is to keep on top of things and make sure that the closing is moving forward efficiently and that things are not getting delayed because they didn’t make their home available for inspection, for example. However, things can become complicated for a seller if title issues arise for things like mechanic’s liens or there are survey issues or issues related to improvements made to the property without permits.

Having a real estate lawyer represent the seller at the closing table can be just as important as having legal representation when you are buying Florida residential real estate. The expense is not as high as many assume it to be, and for sellers who do meet with surprises having legal counsel in place can be a godsend to get that deal completed and the home sold.

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Do you have questions or comments? Then please feel free to Chat with Larry in the comments below, at info@hallandalelaw.com, or (954) 458-8655. If you have a specific or personal situation, please call or email Larry because he can’t answer specific fact questions in general comments.

5 THINGS TO KNOW ABOUT WITH FLORIDA CLOSINGS

Posted By on June 16, 2015

Here in South Florida, closings on residential real estate happen every day: condos are purchased for retirement homes and as investment rentals; homes in neighborhoods like Coconut Grove, Brickell, and Palm Beach are sold to families that may be moving across town or from across the country. In Miami, there are lots of residential real estate closings occurring which involve foreign buyers who may be experiencing for the first time American (and Florida) real estate laws at work for the very first time.

Florida real estate lawyers are hired all of the time to represent buyers and/or sellers in these residential closings, to help answer questions and guide their clients through the closing process.

 

These days, the most frequently asked closing questions that most clients want answered relate to the following five topics:

1. Does Florida Require Everyone to Sit Around the Closing Table at the Same Time?

You may hear lots of talk about “when is the closing” and the “closing table” when selling or buying a home here in South Florida. That time period is when the residential real estate transaction closes; the time when the buyer pays the purchase price and the seller transfers the keys to the home along with the remote control for the garage.

However, what some buyers and sellers may not realize is that Florida does not require everyone to be at the closing table, facing each other, and signing all the closing documents at the same time, when the transaction closes. Here, residential closings can be done in what is called a “mail away.”

Closing documents can be sent to either the buyer or the seller via overnight delivery, email attachment, or fax. Funds can be provided by online transfer or by wire. Here, attorneys or real estate brokers act on behalf of the buyer or seller using a power of attorney. In these situations, it is entirely possible that the buyer and seller never meet.

2. How Do I Address and Learn About The Environmental Issues That Impact Florida Closings?

In South Florida, homes are built in an area known for its environmental uniqueness. Not only are we accustomed to dealing with the risk of hurricanes and the damage that they can cause, but property here is subject to things like mold and other naturally occurring matter.

With these issues, comes State and Federal environmental laws designed to protect real estate, and particularly residential real estate. Closings in South Florida are impacted by several environmental concerns, including requirements to disclose the dangers related to lead paint, asbestos, toxic mold, and/or radon when buying a home in our communities.

In fact, the Environmental Protection Agency has an online tool where you can input a location or zip code and learn about the environmental concerns of a particular area. Go here, for instance, to read about the EPA information about Miami, Florida, environmental concerns.

3. Does a Cash Transaction Change The Way a Closing Occurs?

It’s interesting to learn how often homes are purchased for cash here in South Florida. Meaning, buyers don’t obtain a mortgage or home loan; instead, they pay the entire purchase price in cash.

Routinely, buyers coming from foreign countries buy their Florida condo using cash. Buyers coming from South America, for instance, are accustomed to the practice of paying cash for real estate because in their part of the world, this is the standard way of doing things.

According to CoreLogic, South Florida leads the country in cash sales for residential homes. Their studies show that in 2013, for instance:

  • Miami-Miami Beach-Kendall, Fla. = 56.6% cash sales (no. 1 in the USA)
  • West Palm Beach-Boca Raton-Delray Beach, Fla. = 56.1% cash sales (no. 2 in the USA)
  • Fort Lauderdale-Pompano Beach-Deerfield Beach, Fla. = 55.6% cash sales (no. 3 in the USA), and
  • Cape Coral-Fort Myers, Fla. = 55.2% cash sales (no. 4 in the USA).

Buying a home or condo for cash can make a big difference in a Florida closing. In many ways, things are simplified and transactions close quicker: there is no lender to deal with because there is no mortgage. Lenders aren’t involved to underwrite a loan and to demand things like flood certifications, income verification, review appraisals, and require that insurance policies be prepaid, for instance.

However, the absence of a lender means that the buyer needs to be that much more diligent in protecting their interests in the transaction. Banks can complicate things, but lender involvement also helps to identify potential risks and problems in a deal.

4. Can Realtors Give Advice Even Though They Are Not Lawyers?

For many sellers and buyers, their real estate agent becomes their confidant during the purchase process. Agents can be friendly and helpful, and are there to answer questions and calm fretful nerves. However, that doesn’t mean that they are lawyers or that they have the ability to provide legal advice.

Even though there are standardized real estate forms, like sales contracts and property disclosures, these forms are legally binding (some forms have been approved by lawyers and realtors for use by Florida real estate professionals). However, even though real estate agents usually provide these forms to the buyer or seller — the agents shouldn’t answer questions about what the language in those documents mean — that’s giving out a legal opinion which is a violation of Florida law (it’s called the unauthorized practice of law).

5. Will Florida Closings Change in a Big Way on August 1, 2015?

Beginning August 1, 2015, the disclosure forms used in a Florida residential real estate closing will change dramatically. The HUD-1 Form will no longer be used, for instance (that is the document that shows all of the costs related to closing the transaction, including the costs and expenses related to obtaining a mortgage). Instead, a new Closing Disclosure (CD) will be used (it replaces both the HUD-1 Form and the current Truth-in-Lending Disclosure form).

Deadlines for closing will change, too. New time frames will be required by the new law, including a three (3) day deadline for mortgage lenders to provide their home loan closing documents. For more on these requirements, check out the information provided here by the Consumer Financial Protection Bureau (CFPB).

Transitioning to the new requirements will be confusing for many, including some closing agents. That’s why having an experienced real estate lawyer by your side to guide you through the closing process can be invaluable. The cost of hiring a lawyer is usually less than most clients fear.

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Do you have questions or comments? Then please feel free to Chat with Larry in the comments below, at info@hallandalelaw.com, or (954) 458-8655. If you have a specific or personal situation, please call or email Larry because he can’t answer specific fact questions in general comments.

Big Changes In Florida Real Estate Closings: The HUD-1 Settlement Form Replaced With TRID

Posted By on June 9, 2015

On August 1, 2015, closings will be different here because of changes in federal law and replacement of HUD-1 Form

As part of any closing on residential real estate (homes, condos, townhouses, vacation property, etc.)  federal law requires that buyers and sellers receive as part of their Closing Documents a “HUD-1 Settlement Statement” known by most as the “HUD-1” form.

However, things have changed. The Department of Housing and Urban Development (”HUD”) is no longer responsible for overseeing residential mortgage industry in the United States now; pursuant to the Dodd-Frank Act, HUD has turned over the reins for federal oversight of national mortgage banking to the Consumer Financial Protection Bureau.

 

CFPB Changes Closing Requirements For Consumer Protection

The CFPB has a mission to protect American consumers from wrongdoing, and that mission may be different from HUD’s mission, which protects the housing industry overall. Accordingly, it’s not a real surprise to anyone involved in the real estate industry that consumer protection laws will require a review and an update of closing requirements in residential mortgages that add more protections for consumers.

So, effective August 1, 2015, the HUD-1 Form will not be the only document used in Florida residential real estate closings. With this change in oversight from HUD to CFPB comes new requirements for residential mortgages and a new form developed by the CFPB called the “TRID forms,” short for the TILA-RESPA Integrated Disclosure forms.

What has happened, legally, is this: regulation of mortgage lenders in the United States is stricter now because of the mortgage fraud scandals of the past few years. The Consumer Financial Protection Bureau has been given the marching orders to be the federal watchdog over these new home loan requirements instead of HUD. Specifically, CFPB is responsible for implementing changes in the following two federal laws that apply here:

  • the Truth In Lending Act (TILA) (protecting consumers by requiring bank tell potential borrowers specific things about credit terms) and
  • the Real Estate Settlement Procedures Act (RESPA) (protecting borrowers by making lenders given full info on potential home loans to help consumers make their mortgage decisions).

Closings Will Be Different With TRID Forms

There are going to be several distinct differences in closing requirements after August 1, 2015, here in Florida. These include:

1. Some current forms used in residential closings here in Florida will not be used any longer; these are (1) the good faith estimate; and (2) the TIL or truth-in-lending document.
2. New closing documents required by federal law will be (1) a loan estimate and (2) disclosures. The loan estimate replaces the old good faith estimate and the TIL. The disclosures will be used instead of the HUD-1 and will have some of the same information as the current TIL.
3. Mortgage lenders will have to give their prospective home loan borrower a mortgage loan estimate within 3 days (not 72 hours but full days) of the date of their mortgage loan application.
4. Mortgage lenders will have to provide their home loan closing documents within 3 days (not 72 hours) of the closing date, not the current 24 hour time frame.
5. Title insurance for the new owner is shown as “optional” in the new forms and the current suggestion that the seller pay for the buyer’s title insurance policy (not the lender’s policy) has been omitted.

Will It Be Harder to Close on a Home Purchase After August 1, 2015?

There are some critics of the changes that have been implemented in the residential closing process by the CFPB. They argue that these changes are going to hurt both buyers and sellers by making it harder to close on a home purchase here in Florida and elsewhere.

Why? For one thing, under the new TRID forms, there is a 3-Day Waiting Period when any changes are made to a TRID form. The process will be, according to CFPB procedure, to provide 15 additional days to close the deal – which means that a buyer that signs a contract to buy a home in 30 days may require 45 days to close.

  • Buyers that need to move into the new home by a specific date may be faced with a real dilemma here if closing is delayed: what do they do with the moving van and all its contents?
  • Sellers may face burdens here, too, if they have deadlines (like the purchase of a new home – they may need the sale proceeds of the current transaction to close on their new home) that must be met by a certain date and the closing is delayed.

Florida Real Estate Lawyers Can Help

For both buyers and sellers, the next few months are going to be stressful as this change is implemented. Closings in the next 60 days will be particularly intense as many may see it as an advantage to get their closing done before August 1, 2015, when the new laws and legal requirements take effect.

If you have any questions about your Florida residential real estate closing, your home loan, or the closing process, feel free to contact a Florida real estate lawyer for answers. Remember: real estate agents and brokers are in a business where they must always be closing deals in order to make a living. That business interest is understandable, we all have bills to pay, but it may not coincide with giving you, the buyer or the seller, the best guidance in this situation.

 

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Do you have questions or comments? Then please feel free to Chat with Larry in the comments below, at info@hallandalelaw.com, or (954) 458-8655. If you have a specific or personal situation, please call or email Larry because he can’t answer specific fact questions in general comments.

Title Insurance and Closing Your Florida Home Purchase

Posted By on June 2, 2015

When you buy a house or other residential real estate here in Florida, you are buying both the land as well as the improvements to it (the building, the sewage system components buried under the house, the fence, the landscaping, etc.). If you are buying a condominium, then you are buying an ownership interest in a condominium, where you have an undivided shared interest in the common areas as well as individual ownership of your particular condo unit.

Of course, the seller can only transfer ownership what he or she owns, so it’s very important to make sure that the buyer is getting the property that he or she is paying to receive (free of any liens or encumbrances); in a real estate transaction, the buyer expects to receive “clear title” to the property.

 

Real Estate Title in Florida

To protect real estate ownership and to promote the transfer of real estate between buyers and sellers, Florida law has evolved to establish a definition for clear title. Title to real estate in the State of Florida is protected by longstanding laws and court case precedent. If there are conflicts between who is the proper owner of a piece of Florida real estate, then our courts will look to our case law for guidance on how to determine who is the lawful owner of that property.

Tax liens, mechanics’ liens, construction liens, foreclosures, inheritance, eminent domain, and other claims can be made against Florida real estate which can impact an owner’s title to the property. Normally, a seller cannot sell the land and its improvements without clear title; when an issue is found during a title search, then that issue is usually called a “cloud on the title,” and the closing is either delay or cancelled until the cloud is removed.

How a Home Buyer Protects Real Estate Title

As part of the closing process in Florida, the buyer will not only have a “title search” performed to make sure that title is clear, but the buyer will also purchase insurance to protect against any errors or omissions made in that title investigation. Title insurance protects the buyer after the closing is completed, allowing the buyer to feel safe that he or she is the legal owner of the real estate and he or she has marketable title (the home, the condo, the townhouse, the land tract where the house will be built, etc.) to the property.

What is Title Insurance?

Title insurance is an insurance policy purchased for Florida real estate (in some jurisdictions, it can include personal property, too). It is insurance that protects either owners of real property, or lenders who are making home loans or mortgages, against any claims or losses resulting from real estate title problems. If the buyer is getting a mortgage, then they can expect their lender to insist that a title insurance policy be purchased as part of the deal.

Title insurance policy premiums are part of the closing costs in a Florida home purchase. The policy is purchased as well as the “title search” which is a search of the existing real property records for the lot, tract or parcel of land.

How much do these policies cost? They are not unreasonable, and are tied to the price of the home. Title insurance rates are covered by Florida law and title insurance companies are overseen and regulated by the Florida Department of Financial Services.

Title Problems

There are all sorts of issues that are covered by title insurance, including missing or defective documents, outstanding tax bills, claims by creditors and government agencies, as well as construction related liens. In fact, some of these items can cause title to be outright void or invalid.

Examples of clouds on title include:

  • If a home owner builds a swimming pool and fails to paid the pool builder, then that builder can cloud the title by filing a claim of lien against that home and demand his bill be paid before he will release his lien.
  • If a home owner fails to pay his property taxes, then the taxing authority may file a tax lien in the real estate records for that property, clouding title until the taxes are paid.
  • If a condo owner does not pay assessments, then the Condo Board may file a claim of lien against the condo and create a cloud on the title to the condo which helps the Condo Association get paid when the condo is sold or transferred.

Because of our recording system, when liens are filed and recorded in the real estate property records, then it is easy to investigate and find what needs to be done to clear up title. Tax liens, for instance, are easy to locate allowing a buyer to insist that the seller pay off outstanding property taxes before closing.

However, there may be title issues that are not as easily discovered. Some claims may exist that are not filed in the real estate records down at the clerk’s office. For example, there may be an heir or beneficiary who appears years down the road with an inheritance claim to the lot superior to the ownership interest of the seller or someone may appear with a claim to ownership of an easement right. Thus, some issues are hard to find even during a title search. Consequently, title insurance requires a deep understanding of real estate law and so many other areas of law, including probate and construction law, just to name a few.

Title Insurance Isn’t Complete Protection Against Challenges

Title insurance works to protect buyers against these hidden dangers. However, the title insurance policy alone isn’t always enough to help a buyer who discovers that they don’t have clear title to their home after they’ve have closed the transaction.

Often, the new home owner may need to file a lawsuit against the former owner, for example, to clear the title to the property. Also, if the title company who closed the transaction knew or should have known of any title problems before closing, and they failed to notify the buyer before closing, then there may be a lawsuit against that title company for negligence.

If you or a loved one have a title question in a pending real estate transaction, or have a concern about some of the items listed on a title insurance commitment,  then it may be in your best interest to contact a Florida real estate lawyer to discuss the situation and learn what actions you may be able to take to protect your interests.

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Do you have questions or comments? Then please feel free to Chat with Larry in the comments below, at info@hallandalelaw.com, or (954) 458-8655. If you have a specific or personal situation, please call or email Larry because he can’t answer specific fact questions in general comments.

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