by Larry Tolchinsky | Closings, Florida Law, Florida Real Estate, Real Estate, REO (Real Estate Owned)
Buying or selling real estate here in Florida? If so, it is very important that you understand what all of those paragraphs in your sales contract mean to your purchase. Why? In a Florida residential real estate transaction, the written sales contract will control the... by Larry Tolchinsky | Closings, FAQs, Real Estate
According to the case law as of the date of this article, the contract is unenforceable because it lacks mutuality. Meaning, both parties did not have the same rights under the contract. See: Allington Towers North, Inc. v. Rubin, 400 So. 2d 86 (Fla. 4th DCA 1981)... by Larry Tolchinsky | Closings, FAQs, Real Estate
Last Update: 7/18/18 According to the case law as of the date of this article and under the standard FAR/BAR contract, all the litigation shall be in the county where the property is located. See: Sales v. Berzin, 212 So. 2d 23 (Fla. 4th DCA 1968) Robert Berzin filed... 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...
