Sharing What I Know About
Florida Real Estate Law
Sharing What I Know About Florida Real Estate Law
AboutWhat 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...
4 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...
