Sharing What I Know About
Florida Real Estate Law
Sharing What I Know About Florida Real Estate Law
About4 More Title Issues That Can Derail A Florida Closing
Last Update: 11/7/21 In Florida, oftentimes right before a residential real estate transaction is set to close the deal is derailed because of conflicting legal interests between the parties to the transaction (the seller and the buyer) and a third party with an...
Do Florida real estate contracts require sellers to repair termite damage?
According to the case law as of the date of this article, a provision in a real estate contract that requires a seller to deliver at closing a report from a licensed pest control company showing the property free of termites does not require a seller to repair termite...
Can a Buyer Assign or Transfer Rights in Florida Real Property to Third Person Before Closing?
In Florida, the closing process normally begins with a written sales contract where a seller commits to sell his or her home and a buyer commits to buying the property. That document creates an equitable interest in the property for the buyer. What some buyers and...
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?
Last Update: 7/18/18 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...
If a real estate contract makes time of the essence, is it necessary for the seller to give the buyer an opportunity to close after the closing date has passed?
Last Update: 7/18/18 According to Florida case law as of the date of this article, when a real estate contract contains a time is of the essence provision, it is not necessary for a seller to give notice to a buyer or give a buyer an opportunity to close after a...
What Happens if the Home is Damaged Before Closing?
Last Update: 8/9/20 People from all over the world come to Miami-Dade, Broward, and Palm Beach Counties looking for their piece of paradise. Snowbirds and people that are looking to relocate permanently love neighborhoods like Coconut Grove, Cityplace, Delray Beach,...
Can A Judge Deny A Partition?
Last Update: 11/15/18 According to Florida case law as of the date of this article, in extreme cases, a judge can deny a partition if the judge determines that equity will not result if the remedy of partition is granted. Is An Oral Agreement Not To Partition Florida...
How do Express and Implied Warranties in a Florida Real Estate Closing Help Buyers and Sellers?
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...
What Happens If the Seller or Buyer Dies Before the Real Estate Closing?
Last Update: 8/1/18 Sometimes, buying or selling real estate isn’t easy. Even in a cash transaction where no lender is involved, the buyer and seller may have to deal with all sorts of complications, such as removing any clouds on title (like satisfying any...
Is a Florida real estate contract enforceable where the contract allows the buyer to cancel without giving the same right to the seller?
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)...
