Sharing What I Know About
Florida Real Estate Law
Sharing What I Know About Florida Real Estate Law
AboutBartram: Florida Supreme Court Decision on Foreclosure Lawsuit Deadlines
If you are being sued for foreclosure here in Florida, or you suspect you may be facing foreclosure in your future, then you need to know about this month’s Bartram ruling by the Florida Supreme Court. 1. Why is the Bartram Case so Important? Opinions...
Florida Real Estate Contract Lawsuits
In Florida, when a seller and a buyer sign a residential real estate contract for the purchase of a new home or condominium, they create legal duties for themselves. If these duties are not fulfilled, then under the contract there are consequences. Those consequences...
Florida Foreclosure Appeals
Florida is a “judicial foreclosure state.” Under our banking laws, when a bank seeks to exercise its right to obtain ownership of real property because of a breach of a mortgage, or a promissory note secured by a mortgage, it must file a lawsuit. This is true for any...
5 Key Issues Related to Florida Real Estate Contracts
For real estate transactions in Florida the real estate contract controls the deal. This is the common understanding of most real estate professionals. However, these contract terms are based upon long standing legal principles which have been codified and become part...
Rescission of a Residential Real Estate Contract in Florida
Last Update: 4/14/21 Learn about the different ways to rescind a contract including using the force majeure provision because of the coronavirus. When things go bad in a Florida real estate transaction, or an unplanned event occurs, the first thought a buyer or seller...
Florida Foreclosure Appeal on The Issue of Standing – Victory Against Bank of America
Last Update: 8/17/18 We do not make a practice of sharing every foreclosure victory in a blog post. It is not our style. However, the recent publication of our appellate win against Bank of America merits some discussion today because the ruling on the issue of...
Concealment, Nondisclosure And Silence By Florida Real Estate Sellers
Last Update: 4/14/21 In Florida, in order to have a binding contract to purchase real estate, both the buyer and seller must sign a written agreement that includes the material terms of the deal (price, closing date, description of the property, financing, etc.). ...
What Happens When a Seller Makes A Mistake Or Commits Fraud?
Last Update: 3/25/20 Common issues buyers have with sellers of Florida residential real estate. What happens in a Florida residential real estate transaction when the seller doesn’t do his or her part and close the deal? Or, the seller makes a material...
What Happens When a Buyer Defaults on a Florida Real Estate Contract?
Last Update: 3/25/20 In Florida, buyers breach real estate contracts all of the time and in all sorts of ways. When a buyer fails to meet his or her obligations under a sales contract, oftentimes it leaves the seller wondering what steps to take now that the buyer has...
Protecting a Bona Fide Purchaser of Florida Residential Real Estate
Under Florida law, a “bona fide purchaser” of real estate is afforded certain protections including ownership and title. The rule essentially provides a buyer with superior rights to property over those who may have valid interests in the property, albeit unrecorded...
