Florida Residential Real Estate Legal Questions

A party to a contract has a duty to disclose any material fact to the other party when entering into the contract. Since the other party did not disclose to you the existence of a gym located on the floor beneath your unit,  That non disclosure would constitute fraud by ommision. Your remedy would be your right to sue him for rescission and be excused from further performance under the agreement. ... Read Answer

Condominium associations are cannot simply deny purchase and lease applications for any purpose that they want. In Florida, condominiums are governed by Florida Statute Chapter 718. This statute provides applicants certain protections, as does the Federal Fair Housing Act.  If you believe the processing of an application was handled improperly, contact an attorney for guidance.  The law office of Omid John P.A. assists applicants who have been denied by condominium associations. ... Read Answer

Hello! Yes, an experienced real estate attorney can prepare all the paperwork you need to aid in the sale of your Dad's home. In addition, they will review the title commitment, lien search, and any estoppel to make sure all is correct before closing as well as review any final closing statement and ensure your Dad is receiving every penny he should be in the sale of his home. ... Read Answer

You may have a case for fraudulent misrepresentation and /or fraudulent non-disclosure depending upon the facts. See FL case Johnson v Davis (google it). These cases are very fact specific so the knowledge and representations re the defects by the owners that sold directly to you are critical to proving your case. .+... Read Answer

Madame, I'm not sure of how this agreement obligates you (runs with the land)unless you assumed it. I'd have to read the documents. Check your closing documents when you purchased the home. Typically, title insurance is issued and the policy will cover unpaid assessments unless specifically excepted to in the title policy. This matter may fall under the scope of your coverage and you may have a claim against the policy.... Read Answer

Hello. First you should review your listing agreement with the real estate brokerage and see if you are obligated to stay with the listing brokerage for a fixed amount of time or if it allows for termination of the listing agreement at any time. The listing agreement should include all the terms regarding the listing of your property. An experienced real estate attorney can also review this with you to make sure you are within your rights of whatever you decide to do. ... Read Answer

Assuming the property is under contract and there is no agreement regarding the split of the proceeds, the closing agent will cut a check naming all 3 of you as payees and let you fight it out amongst yourselves. If not under contract, you may want to consider seeking a judicial partition and have the court can resolve the respective rights of the parties.... Read Answer

No, however, you should understand that title companies do not represent you for legal matters which often arise. Further, many attorneys are title agents and can provide title insurance and closing services at the same cost as title companies. Attorneys are required to carry malpractice insurance which can serve as a double layer of protection for you and the transaction. Attorney's are cheap insurance for parties in real estate transactions. Also, attorneys can prepare or review your contract. Realtors have no legal duties with respect to drafting contracts.... Read Answer

Hello, there are a lot of unknows here. Assuming the will is valid and assuming title between the gentleman and your boyfriend is as tenants in common, as it stands now your boyfriend owns 50% and gentleman owns 50%. When gentleman dies his 50% is probated based on his will so once that process is complete and assuming no issues along the way, your boyfriend would then own 75% and aunt own 25% as tenants in common (assuming the will divides his share in the real property equally between boyfriend and aunt). The will would not necessarily need to be redone. Perhaps an easier way is called a lady bird deed (enhanced life estate) where gentleman owns his 50% as a life estate, he can do whatever he wants with his portion until he dies, then it automatically passes to the "remaindermen" listed in the deed which would be boyfriend and aunt. Another possibility is if title is currently held as joint tenants with the right of survivorship then once gentlman (or boyfriend) dies, the property automatically vests in the surviving owner. So long story short: no, the will does not necessarily need to be redone but there may be better ways to go about the situation that will save the heirs time, money, and stress when gentleman dies. ... Read Answer

Dear Sir or Madame,   This easement would have been revealed by a survey or examination of a recorded  plat (if a subdivision) in the county public records. Mere existence of an utility easement is not a title defect. Regardless, I am certain the easement was in fact recorded in the public record and was probably noted in your title commitment (assuming you got title insurance) . I can't explain why you didn't know about the easement but any reference of this easement in the public record is considered notice to you. Again, this easement would have shown up if you'd gotten a survey. If you don't get a survey , title insurance will exclude all matters (encroachment, set-back violations, etc) that might have been shown on a survey. Remember title companys are not lawyers. They can't give legal advice and do not represent you for such matters.... Read Answer

Dear anonymous, Unpaid utility bills can operate as a lien against the property per Chapter 159 Florida Statutes. Title policies often provide the following exception: "Any lien provided by County Ordinance or by Chapter 159, F.S., in favor of any city, town, village or port authority, for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality." Certainly you don't have the responsibility to pay for someone else's debt, but that doesn't change the fact that there is a lien for unpaid utlilities. You may file an action against former owner or tenant for damages. If lien was from former owner you could file a claim against your title insurance carrier assuming the above exception was deleted from your policy.  Title agents routinely check for unpaid utility fees. The buyer can't get clear title unless lien is released and I assume that your sales contract gives the buyer the right to deem such lien a title defect.  ... Read Answer

While I hate to provide an answer of ‘it depends,’ a lawsuit of the type you are describing is very tricky and the factors that weigh to the strength are in the details of the transaction – what was said, written, known, disclosed, etc.  One of the keys is whether the problem was known and the condition was misrepresented or actively covered up.  If you sue, likely everyone will point fingers at one another, but, in the end, they are likely going to say something to the effect that it was unknown or that you had the opportunity to inspect.  And, the inspector will likely try to point to something in the contract that attempts to limit his or her liability.  Additionally, if real estate agents are involved, there could be issues with how they handled the transaction.  Long short, you may very well have a case, but you will need to sit down with an attorney to discuss the details of the transaction.  Unfortunately, litigation doesn’t come with guarantees so the best an attorney can do is make an assessment of the case – but, at least you will have all of your options following a consultation.  ... Read Answer