Sharing What I Know About
Florida Real Estate Law
Sharing What I Know About Florida Real Estate Law
AboutWhat 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)...
In Florida, where do you file a breach of real estate contract lawsuit?
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...
What determines if you’re entitled to relief for a mutual mistake?
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...
In Florida, how can you rescind a contract for the sale of real property?
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...
Is A Florida Real Estate Contract Void When The Method of Payment Is Not Identical To The Terms Of The Agreement?
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...
Does A Breach Of Contract By One Party To Florida Real Estate Contract Discharge The Other Parties Obligations Under The Agreement?
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 2006). A...
Is it Too Late for a Purchaser to Withdraw Their Rescission Once the Seller Accepts it?
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...
What Remedies Are Available For a Breach of a Real Estate Contract in Florida?
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...
5 Must-Have Prerequisites for A Valid Contract to Sell Residential Real Estate In Florida
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....
