Author: Benjamin Boyhan
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What are some defenses to a breach of contract claim?
If you enter a contract in Florida, but you are unable to perform your obligations under the contract, then you might be sued for breach of contract. If you are sued for breach of contract, the following defenses might help you defend against the lawsuit: Statute of limitations – Parties only have a certain amount…
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Satisfaction of Mortgage in Florida
Once you finish paying off your mortgage, that does not mean you are totally free from the mortgage. The final step is receiving a notice from your lender that the mortgage has been paid in full and a Satisfaction of Mortgage has been recorded. Your lender has an obligation to record a Satisfaction of Mortgage…
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How does a spouse waive homestead rights in Florida?
In general, you cannot transfer your homestead to anyone or any entity if you have a spouse or minor children. The reason is because a spouse or minor children automatically inherit homestead property. However, your spouse has the option to waive his or her homestead rights. There are two ways to waive homestead rights, by…
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What are some examples of a seller default in a Florida real estate contract?
Each contract is different and likely has a provision that defines what constitutes a default. The contract may provide for a time for seller to cure a default, usually a specified number of days. The contract for your specific transaction should be carefully reviewed to determine what constitutes a default. Some general examples of a…
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Is Specific Performance available to sellers in real estate transactions?
Specific performance can be an available remedy to sellers in real estate transactions, but it is rare for a seller to be granted specific performance. Specific performance is only awarded by a court if money damages are an inadequate remedy. Specific performance defined – Specific performance is an equitable remedy that can be ordered by…
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Defenses to a specific performance lawsuit
Specific performance is an equitable remedy that can be ordered by a court when a contract is breached. Specific performance forces the breaching party to perform the contract pursuant to the terms of the contract. Elements of specific performance: To defend against specific performance, the first step is to show that one or more of…
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A warning to real estate sellers: Beware of specific performance
Specific performance is an equitable remedy that can be ordered by a court when a contract is breached. Specific performance forces the breaching party to perform the contract pursuant to the terms of the contract. In the context of real estate, a specific performance lawsuit is commonly the buyer forcing a breaching seller to sell…
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What does a buyer need to prove to sue a seller for specific performance?
Specific performance is a remedy more commonly used by buyers when sellers refuse to close on a real estate transaction. If a seller refuses to sell, the buyer might be able to file a specific performance lawsuit to force the seller to sell the property to the buyer. A buyer seeking specific performance in Florida…
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Why hire an attorney over a title company for your Florida real estate transaction?
In Florida, a title company or law firm can close your real estate transaction. Why go with one over the other? It surprises people to learn that the cost of an attorney closing your real estate transaction is often the same as a title company. The best argument for using an attorney over a title…
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What type of trust should you choose?
There are many different types of trust, which can make it hard to choose a trust. However, there are only two initial choices to make that will really help narrow down your choice. The two initial choices are whether you want a revocable or an irrevocable trust. A revocable trust is one that can be…