by Larry Tolchinsky | Closings, FAQs, Real Estate
Last Update: 11/11/18 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: Rawson v. UMLIC VP, L.L.C in which the... by Larry Tolchinsky | Closings, FAQs, Real Estate
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) The Case Of A Real... by Larry Tolchinsky | Closings, FAQs, Florida Real Estate, Real Estate
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... by Larry Tolchinsky | Closings, FAQs, Florida Real Estate, Real Estate
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... by Larry Tolchinsky | Closings, FAQs, Real Estate
Last Update: 5/21/18 Florida Real Estate Law Relating To Recission 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... by Larry Tolchinsky | Closings, FAQs, Real Estate
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...
