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?

Posted By on 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 substantial misunderstanding of the parties as to the subject matter of the contract, even if the mistake was entirely innocent on both sides and there was no fraud or misrepresentation.

See: Jones v. Walter C. Hardesty, Inc., 100 Fla. 155, 129 So. 497 (1930)



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