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Contingency Clauses and EMD: When Can a Florida Buyer Legally Get Their Deposit Back?
- February 2, 2026
- Real Estate
A Florida buyer generally recovers their Earnest Money Deposit (EMD) if they cancel a real estate contract strictly in accordance with a valid contingency and provide proper written notice before the deadline expires. These contingencies, typically related to financing, inspection, title issues, or mandatory disclosures, are the legal exit ramps built into most purchase agreements.[ ... ]
Marketable Title vs. Insurable Title: Why the Difference Matters in Your Florida Closing
- February 2, 2026
- Real Estate
When you buy property in Florida, you are acquiring a legal bundle of rights known as title, which encompasses more than just the physical land and building. But not all titles are created equal. In the world of real estate, the distinction between a marketable title and an insurable title is a point of frequent confusion and significant risk. The difference determines whether you are buying a clean asset or a potential future legal headache. He[ ... ]
The Johnson v. Davis Rule: What Florida Sellers Must Disclose About Property Defects
- January 28, 2026
- Uncategorized
Perhaps you just discovered major water damage behind freshly painted walls. The seller never mentioned leaks. Now you're wondering whether Florida law required disclosure of this problem before you signed the contract. The answer lies in a landmark Florida Supreme Court case that changed how property transactions work throughout the state.[ ... ]
Florida Earnest Money Deposit Dispute: Who Gets the Money When a Deal Fails?
- January 28, 2026
- Real Estate
It’s a common scenario: Your real estate deal just collapsed. Now thousands of dollars sit frozen in escrow, and nobody agrees on who gets it back. The seller claims you breached the contract. You believe the seller's failures killed the transaction. Meanwhile, the escrow agent refuses to release a penny without written authorization from both sides or a court order. Florida earnest money deposit disputes trap buyers and sellers in expensive stando[ ... ]
How to Navigate Probate When Real Estate Is the Main Asset
- November 18, 2025
- Real Estate
Navigating probate when real estate is the main asset involves a court-supervised process to transfer the property’s title to the rightful heirs or beneficiaries, and it often presents unique challenges. When a property is part of an estate, specific legal steps are required to manage and eventually distribute it, a process that can become complicated. A real estate attorney can offer crucial guidance on handling these matters, fr[ ... ]
What to Expect in a Partition Lawsuit
- November 17, 2025
- Real Estate
When co-owners of a property cannot agree on how to manage or divide it, disputes can escalate into a partition lawsuit.. This court-ordered process aims to resolve disputes over joint ownership. These situations are often complex and emotionally taxing, but they don’t have to reach the courtroom. However, by address[ ... ]
Boomer Inheritance and the Real Estate Time Bomb
- November 4, 2025
- Estate Planning & Probate
Many families in Florida are confronting new questions about wealth transfer as baby boomers age. Property makes up a large part of that transfer, but real estate often comes with unexpected legal and financial complications. Families who expect a smooth inheritance sometimes discover that disputes, tax questions, and title issues create serious problems. This growing issue has been called boomer inheritance and the real estate time bomb, and familie[ ... ]
What Happens When a Loved One Leaves a Home Behind Without an Estate Plan?
- November 3, 2025
- Real Estate
Losing a loved one often raises questions about what happens to their property, especially if a home is left behind. Families sometimes find themselves in a situation where no will or estate plan exists, which often creates uncertainty about ownership, financial responsibilities, and how the property should be used. What happens when a loved one leaves a home behind without an estate plan? The answer involves Florida’s intestacy laws, probate court, and the[ ... ]
How Foreclosure May Help You Complete a Loan Modification in Florida
- July 14, 2025
- Foreclosure Defense
Most Florida homeowners facing foreclosure view it as the end of the road. The thought of losing a home is emotionally overwhelming, and the legal process itself can be difficult to navigate. However, what many people don’t realize is that foreclosure does not always mean losing your home—and in some cases, it may even serve as a critical opportunity to se[ ... ]
What to Expect During Foreclosure Litigation in Florida
- June 17, 2025
- Foreclosure Defense
Nobody expects to find themselves in a foreclosure situation. In fact, the opposite is true. Buying a home is often a milestone of financial stability and personal achievement. Unfortunately, life doesn’t always follow a predictable path. Unforeseen hardships—such as sudden job loss, medical emergencies, divorce, or rising living expenses—can throw even the most financially responsible homeowners off course.[ ... ]
