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 […]

4 Title Issues That Can Derail A Florida Closing

| July 12, 2016

In Florida, often times right before a residential real estate transaction is set to close the deal is derailed because of conflicting legal interests between the parties to the transaction (the seller and the buyer) and a third party with an interest in the property. Who are these third parties? Two common examples: contractors who […]

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 […]

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 […]

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 […]