The items that can invalidate a home sale contract in Florida

| Sep 30, 2015 | Real Estate Disputes |

Buying a home in Florida can be exciting, but it may also be fraught with extensive paperwork and legalese. At Cuevas, Garcia & Torres, P.A., our goal is to ensure that your process runs as smoothly as possible. Part of that includes looking for the items that could invalidate your home sale contract.

As the American Bar Association points out, one of the easiest ways to ruin a real estate transaction is to not clearly describe the property in the purchase agreement. For example, simply listing a mailing address would not suffice. There should be information that references a lot or other unique measurement that would without question ascertain the property.

Other significant issues that could lead to a dispute include the following:

  • Making agreements orally: Everything should always be put in writing and reviewed.
  • Failing to include deeds of trust and promissory notes: When financing a home, it is critical to ensure that the promissory note and deed of trust is included at closing.
  • A mismatch of intended use and zoning: A home zoned in a residential area should not be sold under the promise that it could be turned into a business.
  • An incomplete disclosure form: Florida law requires sellers to disclose information regarding defects in a home.

Real estate transactions should always be carefully reviewed to look for potential areas of risk. For example, if a seller intends on leaving certain items behind and the buyer is counting on it, the agreement should clearly identify those items. This often comes into play when discussing appliances or light fixtures.

You can avoid these issues by working with an attorney who understands residential home sale laws in Florida. For more information on this topic, please visit our page on residential real estate.

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