Most Florida real estate contracts proceed smoothly under standard FAR/BAR terms until an unrecorded municipal lien or undisclosed structural flaw surfaces right before closing. Once a transaction breaks down, the dispute immediately shifts from simple negotiation to statutory default rules governing escrow freezes, specific performance claims, and deposit forfeitures.
Statutory Framework & Key Judicial Precedents
| Legal Category | Primary Authority | Mandatory Legal Standard |
| Seller Disclosures | Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) | Sellers must disclose known latent defects materially affecting property value that are not readily observable. “AS IS” clauses do not override this duty. |
| Escrow & Deposit Disputes | Lefemine v. Baron, 573 So. 2d 826 (Fla. 1991) | Contract clauses allowing a seller to keep an escrow deposit or sue for actual damages are void as unenforceable penalties under Florida law. |
| Specific Performance | Fla. Stat. § 95.11(5)(a) & § 48.23 | A strict 1-year statute of limitations applies to lawsuits forcing a sale. Claims require a recorded Notice of Lis Pendens to cloud title during litigation. |
| HOA & Condo Governance | Fla. Stat. Ch. 718 (Condos) & Ch. 720 (HOAs) | Regulates mandatory estoppel certificates (§ 720.30851), assessment collections, covenant enforcement, and Structural Integrity Reserve Studies (SIRS). |
| Landlord / Tenant | Chapter 83, Florida Statutes | Governs residential (Part II) and commercial (Part I) lease terms, 3-day statutory non-payment notices, and formal eviction procedures. |
Transactional Real Estate & Title Services
Proper contract execution and title clearance prevent property transfers from breaking down before closing.
- FAR/BAR Contract Examination: Drafting and reviewing Florida Realtors/Florida Bar Standard and “AS IS” contracts, establishing inspection contingency windows, financing deadlines, and title cure periods.
- Title Search & Municipal Lien Examination: Examining chain-of-title records to identify unreleased mortgages, probate flaws, judgment liens, and unrecorded municipal code violations.
- Estoppel Certificate Compliance: Requisitioning mandatory estoppel letters under Fla. Stat. § 718.116 and § 720.30851 to verify delinquent dues, special assessments, and architectural violations.
- Closing & Escrow Execution: Managing closing agent duties, issuing title insurance commitments, and executing escrow disbursements under Florida Bar trust accounting regulations.
Real Estate & Property Litigation Practice
When administrative resolution fails, real property rights are litigated in Florida Circuit Courts:
- Partition Actions (Fla. Stat. Ch. 64): Circuit court lawsuits forcing the judicial sale or division of real property jointly owned by co-tenants, unmarried couples, or inherited heirs who disagree on disposition.
- Quiet Title Lawsuits (Fla. Stat. § 65.011): Judicial proceedings to remove clouds on title, eliminate wild deeds, extinguish tax deed claims, or resolve boundary line overlaps.
- Specific Performance Claims: Circuit court actions seeking injunctive relief to compel a breaching seller or buyer to complete the property transfer according to contract terms.
Frequently Asked Questions
What is the seller’s legal duty to disclose defects when selling “AS IS” in Florida?
Under Johnson v. Davis, selling a property “AS IS” does not eliminate a seller’s legal duty to disclose known latent defects that materially affect property value and cannot be easily discovered during a visual inspection.
What is the statute of limitations to enforce a Florida real estate contract?
Under Florida Statute section 95.11(5)(a), a lawsuit for specific performance seeking to compel the sale of real property must be filed within one year of the contractual breach.
How are conflicting escrow deposit claims handled in South Florida?
If buyers and sellers cannot resolve an escrow dispute, the escrow holder files an interpleader lawsuit under Florida Rule of Civil Procedure 1.240, placing the escrowed funds into the circuit court registry until a judge determines entitlement.
Legal Representation & Office Location
Reinfeld Cabrera Tison handles real estate transactions, title clearance, and property litigation across South Florida:
- Office Address: 9625 W Sample Rd, Coral Springs, FL 33065
- Contact Phone: 954-866-4878 (954-866-HURT)
- Judicial Circuit Coverage: 17th Judicial Circuit Court (Broward County Courthouse, Fort Lauderdale), 11th Judicial Circuit (Miami-Dade), 15th Judicial Circuit (Palm Beach), and 16th Judicial Circuit (Monroe).
