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 […]

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 […]

Protecting a Bona Fide Purchaser of Florida Residential Real Estate

| July 19, 2016

Under Florida law, a “bona fide purchaser” of real estate is afforded certain protections including ownership and title. The rule essentially provides a buyer with superior rights to property over those who may have valid interests in the property, albeit unrecorded ones. The recording of documents in the public records are done so for important […]

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 […]

Do Florida real estate contracts require sellers to repair termite damage?

| July 5, 2016

According to the case law as of the date of this article, a provision in a real estate contract that requires a seller to deliver at closing a report from a licensed pest control company showing the property free of termites does not require a seller to repair termite damage.  In order for the seller […]

In Florida, can you have a valid contract if the buyer believes he or she is buying a particular piece of property while the seller thinks he is selling another piece of property?

| June 22, 2016

According to the case law as of the date of this article, there is no contract because there was never a meeting of the minds of the parties as to the particular property being bought and sold.  In this scenario, Florida law will allow a party to rescind or cancel a contract based upon a […]

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 […]

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