Is a Florida real estate contract enforceable where the contract allows the buyer to cancel without giving the same right to the seller?

| May 16, 2016

According to the case law as of the date of this article, the contract is unenforceable because it lacks mutuality. Meaning, both parties don’t have the same right. See: Allington Towers North, Inc. v. Rubin, 400 So. 2d 86 (Fla. 4th DCA 1981) Related: 5 Must-Have Prerequisites for A Valid Contract to Sell Residential Real Estate In […]

In Florida, where do you file a breach of real estate contract lawsuit?

| May 12, 2016

According to the case law as of the date of this article and under the standard FAR/BAR contract, all the litigation shall be in the county where the property is located. See: Sales v. Berzin, 212 So. 2d 23 (Fla. 4th DCA 1968) Related: Florida Home Buyer Closing Day Checklist What Happens When a Seller Defaults on […]

What determines if you’re entitled to relief for a mutual mistake?

| May 9, 2016

According to the case law as of the date of this article, whether someone is entitled to relief for mutual mistake is determined from the terms of the contract or deed and the surrounding circumstances. See: Martin v. Paskow, 339 So. 2d 266 (Fla. 3d DCA 1976) Related: The 2007 Florida Case of Duggan v. Peacock […]

In Florida, how can you rescind a contract for the sale of real property?

| May 5, 2016

According to the case law as of the date of this article, in order to rescind a contract, you must prove fraud or misrepresentation using clear and convincing evidence. See: Scocozzo v. General Development Corp., 191 So. 2d 572 (Fla. 4th DCA 1966) Related: Misrepresentation by a Real Estate Professional: Claims for Negligent or Unintentional Misrepresentation […]

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 […]

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 […]

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. […]

css.php