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. […]

Is a partition provided for only those who have joint interests?

| April 21, 2016

According to Florida case law as of the date of this article, yes, a partition is provided only for those who have joint interests such as joint tenants, tenants in common, or joint heirs against their co-heirs. See: Garcia-Tunon v. Garcia-Tunon, 472 So. 2d 1378 (Fla. Dist. Ct. App. 2d Dist. 1985). Related: Is Sharing […]

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: […]

Are Florida Real Estate Brokers Liable For The Harm Caused by Their Agents?

| January 19, 2016

Florida residential real estate brokers operate businesses that are heavily regulated. It makes no difference if they are affiliated with a large national chain like Coldwell Banker, Century 21, or RE/MAX, or they run a local operation.   Every single real estate broker operating in the State of Florida has to comply with our real […]

3 Types Of Unconventional Mortgage Agreements

| January 6, 2016

Most people in Florida give a mortgage as security to finance the purchase of their new single family home or condominium. It’s a relatively simple process: the buyer finds a conventional mortgage lender; applies for the loan; furnishes the necessary documentation to the bank (tax returns, proof of employment, credit report, etc.); the home is […]

How Do Lawyers Help With Florida Residential Real Estate Closings?

| December 8, 2015

Last Update: 02/22/16 When it’s time to actually close on your new home or condo here in South Florida, it can be intimidating to see just how much paperwork is involved.  Even if it’s a small house or condo, closings can take lots of time (hours!).  Why? Even when there are no problems, it can […]

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