Can a Buyer Assign or Transfer Rights in Florida Real Property to Third Person Before Closing?

| June 28, 2016

In Florida, the closing process normally begins with a written sales contract where a seller commits to sell his or her home and a buyer commits to buying the property. That document creates an equitable interest in the property for the buyer. What some buyers and sellers may not realize is that after the parties […]

In Florida, can you have a valid contract if the buyer believes he or she is buying a particular piece of property while the seller thinks he is selling another piece of property?

| June 22, 2016

According to the case law as of the date of this article, there is no contract because there was never a meeting of the minds of the parties as to the particular property being bought and sold.  In this scenario, Florida law will allow a party to rescind or cancel a contract based upon a […]

If a real estate contract makes time of the essence, is it necessary for the seller to give the buyer an opportunity to close after the closing date has passed?

| June 14, 2016

According to Florida case law as of the date of this article, when a real estate contract contains a time is of the essence provision, it is not necessary for a seller to give notice to a buyer or give a buyer an opportunity to close after a buyer’s failure to perform on the closing […]

What Happens if the Home or Condo is Damaged Before the Real Estate Closing?

| May 31, 2016

People from all over the world come to Miami-Dade, Broward, and Palm Beach Counties looking for their piece of paradise. Snowbirds and people that are looking to relocate permanently love neighborhoods like Coconut Grove, Cityplace, Delray Beach, Weston, and Jupiter.     Many of these people actually pull the trigger and purchase a home.  And, […]

How do Express and Implied Warranties in a Florida Real Estate Closing Help Buyers and Sellers?

| May 24, 2016

Buying or selling real estate here in Florida? If so, it is very important that you understand what all of those paragraphs in your sales contract mean to your purchase. Why? In a Florida residential real estate transaction, the written sales contract will control the transaction. Anything that was said by or among the parties […]

What Happens If the Seller or Buyer Dies Before the Real Estate Closing?

| May 17, 2016

Sometimes, buying or selling real estate isn’t as easy as it is portrayed on TV. Even in a cash transaction where no lender is involved, the buyer and seller may have to deal with all sorts of complications, such as removing any clouds on title (like satisfying any outstanding mortgages or paying any tax liens) […]

Is a Florida real estate contract enforceable where the contract allows the buyer to cancel without giving the same right to the seller?

| May 16, 2016

According to the case law as of the date of this article, the contract is unenforceable because it lacks mutuality. Meaning, both parties don’t have the same right. See: Allington Towers North, Inc. v. Rubin, 400 So. 2d 86 (Fla. 4th DCA 1981) Related: 5 Must-Have Prerequisites for A Valid Contract to Sell Residential Real Estate In […]

In Florida, where do you file a breach of real estate contract lawsuit?

| May 12, 2016

According to the case law as of the date of this article and under the standard FAR/BAR contract, all the litigation shall be in the county where the property is located. See: Sales v. Berzin, 212 So. 2d 23 (Fla. 4th DCA 1968) Related: Florida Home Buyer Closing Day Checklist What Happens When a Seller Defaults on […]

What determines if you’re entitled to relief for a mutual mistake?

| May 9, 2016

According to the case law as of the date of this article, whether someone is entitled to relief for mutual mistake is determined from the terms of the contract or deed and the surrounding circumstances. See: Martin v. Paskow, 339 So. 2d 266 (Fla. 3d DCA 1976) Related: The 2007 Florida Case of Duggan v. Peacock […]

In Florida, how can you rescind a contract for the sale of real property?

| May 5, 2016

According to the case law as of the date of this article, in order to rescind a contract, you must prove fraud or misrepresentation using clear and convincing evidence. See: Scocozzo v. General Development Corp., 191 So. 2d 572 (Fla. 4th DCA 1966) Related: Misrepresentation by a Real Estate Professional: Claims for Negligent or Unintentional Misrepresentation […]