Do Florida real estate contracts require sellers to repair termite damage?

| July 5, 2016

According to the case law as of the date of this article, a provision in a real estate contract that requires a seller to deliver at closing a report from a licensed pest control company showing the property free of termites does not require a seller to repair termite damage.  In order for the seller […]

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 […]

Can a judge deny a partition?

| May 26, 2016

According to Florida case law as of the date of this article, in extreme cases, a judge can deny a partition if the judge determines that equity will not result if the remedy of partition is granted. See: Condrey v. Condrey, 92 So. 2d 423 (Fla. 1957)   Related: Is Sharing Ownership of Florida Real Estate […]

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 […]

Is a Florida Real Estate Contract Void When The Method of Payment is Not Identical to The Terms of The Agreement?

| May 4, 2016

According to the case law as of the date of this article, if the seller accepts payment then the contract is not void because the seller has waived the obligation of the buyer to comply with that contract term. See: Caldwell v. Snyder, 949 So. 2d 1048 (Fla. 3d DCA 2006) Related: What Happens When a […]

Does a Breach of Contract By One Party to Florida Real Estate Contract Discharge the Other Parties Obligations Under The Agreement?

| May 3, 2016

According to the case law as of the date of this article, a material breach by one party to a real estate sales contract may be considered a discharge of the other party’s obligations thereunder. See: Nacoochee Corp. v. Pickett, 948 So. 2d 26 (Fla. 1st DCA 2006). Related: What Happens When a Seller Defaults […]

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