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Undisclosed Structural Issues: The “Material Defect” Standard
- June 17, 2026
- Real Estate
Under Florida's material defect standard, structural problems become legally significant when they affect a home's value, safety, financing, or resaleability. Florida common law requires residential sellers to disclose known material defects that are not readily observable. When structural damage goes undisclosed, the buyer absorbs repair costs and value losses that the seller knew about. The legal question centers on whether the defect was serious enough t[ ... ]
Proving “Actual Knowledge”: How to Catch Sellers Who Hid Defects
- June 10, 2026
- Real Estate
Sellers rarely admit they hid property damage. That reality makes proving a seller knew of defects in Florida one of the more challenging parts of a real estate dispute. Florida's disclosure obligations require sellers to reveal known material defects that a buyer cannot easily observe. When a seller stays silent about serious problems, the buyer faces the burden of proving what that seller actually knew.[ ... ]
“As Is” Does Not Mean “License to Lie”: The Johnson v. Davis Duty to Disclose
- June 3, 2026
- Real Estate
Buying a home "As Is" in Florida does not mean the seller had permission to stay silent about known problems. The Johnson v. Davis duty to disclose requires sellers to reveal material defects they knew about before closing, regardless of "As Is" language in the contract. Many buyers assume "As Is" leaves them with no options after discovering hidden damage. That assumption is incorrect under Florida law, and understanding why may change how a buyer evaluate[ ... ]
The “Time Is of the Essence” Trap: Missing a Deadline by One Day in Florida Real Estate
- May 5, 2026
- Real Estate
A single missed day on a Florida real estate contract may cost a buyer thousands in lost earnest money. The phrase "time is of the essence" appears in most FAR/BAR contracts, and it turns every deadline into a hard legal boundary with no built-in flexibility. Understanding how deadlines are calculated under a FAR/BAR contract and what defenses exist when things go wrong may help protect a deposit before time runs out.[ ... ]
Closing Cost Confusion: The 2025 Update to FAR/BAR Paragraph 9
- March 20, 2026
- Real Estate
The question of who pays closing costs in Florida has become clearer thanks to a recent 2025 update to the standard FAR/BAR residential purchase agreement. Paragraph 9, which governs how closing expenses get divided between buyers and sellers, now includes explicit language about "Closing Services" fees. This change addresses a source of frequent disputes at Florida closing tables. Before this update, buyers and sellers often disagreed about which party owed[ ... ]
New 2025 Condo Rider: You Now Have 7 Days (Not 3) to Cancel
- March 10, 2026
- Real Estate
Buyers in Florida now have seven business days to cancel a condominium purchase after signing and receiving the required documents. This expansion from the previous three-day window reflects Florida's response to condominium safety concerns and enhanced disclosure requirements. The seven-day period applies to resale contracts entered into on or after July 1, 2025. Many buyers sign contracts without realizing when their cancellation clock actually star[ ... ]
You Don’t Need to “Assign” Your Rights: Claiming Funds as the Owner of Record
- February 24, 2026
- Foreclosure Defense Real Estate
The Florida statute governing foreclosure surplus provides direct rights to the former homeowner, who is the owner of record. Many people receive letters claiming they must sign an "Assignment of Rights" to recover their money. Florida law says otherwise. Recovery companies often present assignment agreements as the only path to surplus funds. This creates unnecessary confusion and may cost former homeowners thousands in fees. The truth is simpler: if you wer[ ... ]
Did You Get a Letter Saying You Owe 30%? Florida’s 12% Fee Cap Explained
- February 20, 2026
- Foreclosure Defense Real Estate
A letter arrives claiming you have surplus funds from a foreclosure sale. The company offers to recover your money for a 30% fee. Before you sign anything, Florida law has something important to say about surplus funds recovery fees in Florida. Many former homeowners receive these letters. The funds often sit unclaimed with the court clerk for a long time after the property loss. The amounts often reach thousands of dollars, making a 30% cut feel like a secon[ ... ]
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[ ... ]
