Partition of Florida Homestead Property

| June 27, 2017

In Florida, “homestead property” is residential real estate which is occupied by a person or family as their permanent residence. The legal concept of “homestead” is provided by the Florida constitution.  Its purpose is to stop the family home, or homestead, from being sold to pay off debts incurred by the land owner.  Tullis v. […]

How Do You Terminate The Joint Tenancy of Florida Real Estate?  

| December 13, 2016

In Florida, there is more than one way to own an interest in real estate.  It’s important to understand these ways before “taking title” to the property at the closing table. One key question in deciding how to own property:  is the owner able to convey complete ownership in the future to a third party […]

Bartram: Florida Supreme Court Decision on Foreclosure Lawsuit Deadlines

| November 15, 2016

If you are being sued for foreclosure here in Florida, or you suspect you may be facing foreclosure in your future, then you need to know about this month’s Bartram ruling by the Florida Supreme Court.     1.  Why is the Bartram Case so Important? Opinions issued by the supreme court are the law […]

Florida Real Estate Contract Lawsuits

| November 1, 2016

In Florida, when a seller and a buyer sign a residential real estate contract for the purchase of a new home or condominium, they create legal duties for themselves. If these duties are not fulfilled, then under the contract there are consequences.  Those consequences are spelled out in both the contract and in Florida case […]

5 Key Issues Related to Florida Real Estate Contracts

| September 27, 2016

For real estate transactions in Florida the real estate contract controls the deal. This is the common understanding of most real estate professionals. However, these contract terms are based upon long standing legal principles which have been codified and become part of Florida’s contract law.  So, a more accurate statement is that Florida contract law […]

Rescission of a Residential Real Estate Contract in Florida

| September 20, 2016

When things go bad in a Florida real estate transaction, the buyer’s first thought may be to walk away. Just get out of the deal. Find another home to buy. However, is this possible? Can the buyer cancel transaction? Under Florida law (contract and case law), a buyer is able, under certain circumstances, to terminate […]

Florida Foreclosure Appeal on The Issue of Standing – Victory Against Bank of America

| September 6, 2016

We do not make a practice of sharing every foreclosure victory in a blog post. It is not our style. However, the recent publication of our appellate win against Bank of America merits some discussion today because the ruling on the issue of “Standing” may be helpful to others who are fighting against the foreclosure […]

Concealment, Nondisclosure And Silence By Florida Real Estate Sellers

| August 16, 2016

In Florida, in order to have a binding contract to purchase real estate, both the buyer and seller must sign a written agreement that includes the material terms of the deal (price, closing date, description of the property, financing, etc.).  That contract controls the transaction and it spells out the parties’ obligation to one another […]

What Happens When a Seller Defaults on a Florida Residential Real Estate Contract? – Part II

| August 2, 2016

What happens in a Florida residential real estate transaction when the seller doesn’t do his or her part and close the deal? Or, the seller makes a material misrepresentation about the property and the buyer purchases the property relying on that bad information?  In Florida, both contract law (see the residential sales contract) and real […]

What Happens When a Buyer Defaults on a Florida Real Estate Contract?

| July 26, 2016

In Florida, buyers breach real estate contracts all of the time and in all sorts of ways. When a buyer fails to meet his or her obligations under a sales contract, often times it leaves the seller wondering what steps to take now that the buyer has failed to close the transaction. Should the seller […]

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