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 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 […]

5 Must-Have Prerequisites for A Valid Contract to Sell Residential Real Estate In Florida

| April 26, 2016

In Florida, real estate transactions are governed by both real estate and contract law (other laws and regulations can also apply, like those related to mold, lead based paint, coastal control issues, etc.). As a result, transactions can quickly become complicated. Most Buyers and sellers know that all real estate transactions should have a written […]

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. […]

Options to Purchase and Rights of First Refusal in Florida

| April 19, 2016

Usually, the main parties to a residential real estate transaction are the seller and the party to whom the seller chooses to sell, otherwise known as the buyer. However, there are times when a third party becomes an indispensable party to a real estate transaction.  This is because of the third party’s power to purchase […]

How Do You Know If The Chain Of Title To Your Florida Real Estate Is Clear?

| April 12, 2016

Title Issues And Title Insurance At the end of most Florida residential real estate closings, the goal of the seller is to walk away from the closing table with money from the sale of his or her home. Easy enough. However, a buyer usually has a few goals he or she wants to achieve at […]

10 Popular Articles About Florida Real Estate Closings

| March 30, 2016

Since we receive many calls about real estate closings (from both buyers and sellers), I thought it would be a good idea to share some articles we have written in the past about Florida closings that answer some of the most frequently asked questions. Here are 10 articles that we hope you will find helpful: […]

Florida Residential Closing Costs

| March 15, 2016

We all know that when a home owner places their house or condo up for sale, they will incur expenses to sell the property (even if they are selling the property without a real estate agent). Florida residential property does not get sold without the home owner having to incur some costs and expenses. Some […]