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... by Larry Tolchinsky | Condos and Townhouses, Florida Condominium Law, Florida Law, Florida Real Estate, Real Estate, Real Estate Title
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....
