Is it Too Late for a Purchaser to Withdraw Their Rescission Once the Seller Accepts it?

| May 2, 2016

According to Florida case law as of the date of this article, yes, it is too late for the purchaser to withdraw their rescission offer once the seller accepts it. See: Hammond Realty Co. v. Wheaton, 90 So. 2d 292 (Fla. 1956) Related: What Disclosures Are Required in Florida Residential Real Estate Transactions? _______________ Do you […]

What Remedies Are Available For a Breach of a Real Estate Contract in Florida?

| April 28, 2016

According to Florida case law as of the date of this article, a breach of a real estate contract can give rise to a specific performance claim (compelling the seller to sell or the buyer to buy) or a damages claim.  The contract should be reviewed to determine which of these remedies is available under the […]

Who has the right to bring a statutory action for partition?

| April 25, 2016

According to Florida case law as of the date of this article, generally, a fee title holder of an undivided interest in a parcel of real property has the right to bring a statutory action for partition without any concern about his or her reasons for seeking partition. See: Garcia-Tunon v. Garcia-Tunon, 472 So. 2d 1378 (Fla. Dist. […]

Is a partition provided for only those who have joint interests?

| April 21, 2016

According to Florida case law as of the date of this article, yes, a partition is provided only for those who have joint interests such as joint tenants, tenants in common, or joint heirs against their co-heirs. See: Garcia-Tunon v. Garcia-Tunon, 472 So. 2d 1378 (Fla. Dist. Ct. App. 2d Dist. 1985). Related: Is Sharing […]

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