Florida Real Estate Legal Questions

You are a 50% owner, not a tenant. You can obtain the homestaed exemption by timely filing for the same. You do not owe your son, the co-owner, any rent. What would be appropriate is for you to solely pay the costs of ownership: ie insurance, property tax, utilities, etc. Best regards, Mike Hagen, Hagen Law Firm, Fort Myers FL... Read More

OK, so if a seller fails to disclose a material defect that he knows or should know about the home and the buyer is not expected to know of this defect upon a reasonable inspection, then the buyer can sue the seller for the damages that were caused by the material omission. Additionally, you could also sue the sellers broker if the sellers broker knew or should've known of the condition, but failed to report it to you. Finally, you may also be able to sue the home inspector that you hired prior to closing. You should consult with an attorney here in the state of Florida About possible representation. Keep in mind that there is a statute of limitations that you need to comply with or else you will be forever barred from seeking and relief in court        ... Read More

As part of a Partition Action is an accounting of expenses.   In general, a co-owner can be entitled to reimbursement for real estate expenses such as real estate taxes, insurance, mortgage payments and yes, HOA fees. A petition for reimbusement/accounting would have to filed with the Court.  ... Read More

In the event that a buyer breaches a real estate purchase agreement prior to closing, the standard remedy is the forfeiture of the earnest money deposit. However, any forfeited sum must maintain a reasonable proportionality to the breach; otherwise, it may be deemed a penalty rather than an enforceable liquidated damages provision. Generally, an amount equivalent to approximately one percent of the property’s purchase price is considered reasonable and enforceable. Any forfeiture exceeding this threshold may be subject to legal challenge, and the seller may have grounds to pursue recovery through litigation. Retaining legal counsel is advised for specific guidance on the matter.... Read More

Generally, if a buyer signs a contract to purchase property from a seller, then if the buyer backs out after the inspection period expires, then the buyer forfeits the earnest money deposit that was deposited. You should review the contract with an attorney here in Florida for more specific advice.  ... Read More

Is the property you and his homestead? Is it your primary residence or is it a rental?  If it is your homestead, have you filed for homestead tax exemption (it is just an indicator that it is your homestead, not mandatory)?   If the property is your boyfirend's homestead, and depending on the type of judgment, the attorney may be precluded from foreclosing.  ... Read More

Merely because the owner died does not give the eventual successors to owner's interest to change the terms of the agreement.  First, unless and until the family members opened a probate and someone is appointed as a personal representative, no family member had the legal authority to act on anything.  Second, no attorney answering questions on these types of internet sites can provide the kind of specific advice you need, as it will require a review of the actual terms and conditions of the entire contract, the deed, and any probate court papers to advise on the potential rights and remedies of both sides.  One suspects, without knowing, the contract said you had to make the monthy payments regardless of death of owner, and as a practical matter, you should have held aside the monthly payments as your obligations under the agreement were equally still in effect and the day of reckoning was sure to come.  All this said, it is entirely possible that a negotiated settlement could result in a workout where it is more affordable for you to catch up.  Consultation with counsel well versed in probate and real estate as soon as possible is going to be to your best benefit as once a default notice is issued, penalties, higher interest rates, and attorneys fees may well be added to the balance due. ... Read More

The legal standard is that the seller knew or should have known of the defects and he/she didn't tell you about it. The defects must be latent; in other words, not visible to the common eye. I am afraid what the inspector said is correct. They normally have a very tight contract with limited liability. It got through underwriting 'cause it passed the inspection. File a complaint against the realtor at myfloridalicense.com The real estate commission is who regulates realtors. Obvioulsy, the realtor must have done something wrong. So far you have not said so. Proving it was a latent defect and that the seller knew or should have known can be more than $20K if the other side fights it. Even if he does not fight it, you have no guarantee you'll ever see the money. With due respect, you will have to eat this expense. Get a loan from the equity on the home. Still go ahead and complain against the realtor anyhow if he/she did something wrong. You would probably get attorney's fees from the other side if you win the case but you will have to pay your lawyer in advance. Once he wins the case, then he can go after the attorney's fees. By the way, you may not be able to get attorney's fees for litigating the issue of attorney's fees. Even if you win the attorney's fees on top of the damage caused to you by the defective house there is no guarantee that you will ever see any money. Now, do you see all the minefields you are facing? ... Read More

If two (2) owners to a piece of property cannot agree on whether to sell it or keep it, then one party can force the other party to sell it by filing a partition action in court. One possible solution to avoid selling it is to allow one party to reside in it, and to refinance the mortgage in his/her name, and buy out the other party that is not going to live there. ... Read More

You write that your wife is a 1/3 owner.  Is she a joint tenant, a tenant in common, or perhaps a 1/3 owner of an entity which owns the property?  The answer to your question could be different depending on how  your wife owned her 1/3.   I will assume, since it is most likely, that your wife's daughter and son in law owned their interest as tenants by the entirety and your wife was a tenant in common.  IF so, her son in law now owns 2/3 of the property and your wife 1/3 as tenants in common.  If so, her son in law can't sell the property without her consent (unless there as an agreement allowing the majority owner to do so or he forges your wife's signature).  However, if he wants to sell and she does not, he may be able to get a court to partition the property, either dividing it up (if feasible) or dividing the proceeds of sale.... Read More

Dear Anonymous:     If the deed list you both, and does not set forth a percentage interest that you own (i.e.: 60/40) then he cannot sell the house without you signing off on the deed to a new owner, and you own the percentage indicated on the deed , or absent a percentage listed, you own 50%.     That  said, because your boyfriend contributed all of the funds to purchase the home, he can try to assert an equitable lien on the property so that he would get more of the closing proceeds.  This becomes a little more complicated and transcends this forum.  However, he cannot sell this home out fron you.  I would try and work out an agreement where you are paid 50% at the closing.  If he doesn't agree you might want to consult an attorney.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade/Boca Raton 954-316-3496/561-962-2785... Read More

The trust document is what governs. If it was created legally in SC, then I do not know why you have to research SC law regarding that issue. I would have to see the trust document, but I am not licensed in SC. Feel free to reach out to me at sgarciavidal@garciavidallaw.com.    Thanks. ... Read More