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 […]

What Happens if the Home or Condo is Damaged Before the Real Estate Closing?

| May 31, 2016

People from all over the world come to Miami-Dade, Broward, and Palm Beach Counties looking for their piece of paradise. Snowbirds and people that are looking to relocate permanently love neighborhoods like Coconut Grove, Cityplace, Delray Beach, Weston, and Jupiter.     Many of these people actually pull the trigger and purchase a home.  And, […]

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 […]

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. […]

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