Residential Transactions Lawyer in Plantation, Florida
When a home purchase goes wrong, the problem is usually one of three things: a deposit nobody will release, a defect the seller kept quiet about, or a title that is not clean enough to close.
The Law Office of Carlos M. Amor, P.A., works as a residential real estate attorney in Plantation, Florida, for buyers and sellers caught in exactly those situations. Attorney Carlos M. Amor is both a lawyer and a licensed Florida real-estate broker, so he understands how the contract, the escrow agent, and the closing table fit together.
This page explains how each of those three problems usually unfolds under Florida law and what you can do about it. If your transaction is stalled right now, call 954-453-7200 for a free consultation by phone, by video, or in person.
Three Residential Transaction Problems at a Glance
Attorney Carlos M. Amor limits this part of his practice to three kinds of residential matters. The table below shows how each one usually starts and what Florida law focuses on.
| Problem | How it usually starts | What Florida law looks at |
|---|---|---|
| Earnest money deposit dispute | A deal falls through and both sides demand the deposit | The contract’s deadlines and contingencies, and the escrow agent’s duties |
| Undisclosed property defect | The buyer finds a hidden problem after closing | Whether the seller knew of a material defect that was not readily observable |
| Failure to deliver marketable title | A title search turns up liens, gaps, or other defects | What the contract requires the seller to deliver and how long the seller has to cure |
If your situation falls outside these three categories, ask at the start of your consultation whether it is a matter Attorney Carlos M. Amor handles, so you can find the right help without losing time.
Who Gets the Earnest Money When a Florida Home Sale Falls Apart?
The contract decides who gets the earnest money when a deal ends. In most Florida residential sales, the deposit is held by an escrow agent, such as a real estate broker, a title company, or an attorney. That agent has to follow the contract rather than pick a side, and a broker acting as escrow agent also has to follow Florida’s broker licensing law.
What Triggers a Deposit Dispute
Most deposit fights come down to timing. Many Florida residential contracts give the buyer an inspection period and a financing period, and a buyer who cancels properly within those windows usually has the right to the deposit back. A buyer who misses a deadline, or cancels for a reason the contract does not allow, may put the deposit at risk.
Disputes also arise when each side says the other broke the contract first. For example, a buyer may say the seller refused reasonable access for an inspection, or a seller may say the buyer never applied for the loan on time.
How Escrow Disputes Are Resolved
When a broker holds the deposit and receives conflicting demands, Florida’s broker licensing statute requires the broker to promptly notify the Florida Real Estate Commission and use one of four approved settlement procedures:
-
Asking the Commission for an escrow disbursement order
-
Submitting the dispute to arbitration, if all parties agree
-
Filing an interpleader action so that a court decides who gets the funds
-
Mediating the dispute, if all parties consent in writing
The statute also allows a broker to return the deposit without that process in limited situations, such as when a buyer in good faith cannot satisfy the financing clause. Knowing which path your escrow agent must follow helps you push the dispute toward a decision instead of waiting indefinitely.
Can You Sue a Florida Seller for Hiding a Defect?
A Florida buyer may have a claim when the seller knew about a serious defect and did not disclose it. In Johnson v. Davis, the Florida Supreme Court held that a home seller who knows of facts that materially affect the property’s value must disclose them when those facts are not readily observable and not known to the buyer.
The rule has three working parts, and each one has to fit your facts:
-
Actual knowledge. The seller has to have known about the problem. A seller who did not know has no duty to disclose it under this rule.
-
Material defect. The problem has to significantly affect the home’s value, such as a roof leak, foundation damage, or a history of water intrusion.
-
Not readily observable. The defect cannot be something a buyer would have noticed during a normal walk-through or inspection.
An “as is” clause generally limits what the seller has to repair, but Florida courts have not treated it as permission to conceal known defects. Florida law also lists a few facts sellers do not have to disclose. Under section 689.25, Florida Statutes, the fact that a home was the site of a homicide, suicide, or death is not a material fact that must be disclosed.
Deadlines for Disclosure Claims
Florida gives a fraud claim a four-year limitations period. Under section 95.031, that clock starts when the buyer discovered, or reasonably should have discovered, the facts behind the claim. No fraud claim can be filed more than 12 years after the fraud itself.
Other claims tied to the contract, such as a claim on the written purchase contract, have their own deadlines. That is one reason to have the documents reviewed soon after the defect appears.
What Happens When a Seller Cannot Deliver Marketable Title?
Under most Florida residential contracts, a seller who cannot deliver the promised title gets a set amount of time to fix the problem. If the seller cannot fix it in time, the buyer may cancel and ask for the deposit back. Marketable title means a title reasonably free from doubt, one that a buyer would accept without fear of a lawsuit.
Common Title Defects
Title problems often surface when the title company runs its search before closing. Common defects include:
-
Unreleased mortgages or liens from a prior owner
-
Gaps in the chain of ownership or missing heirs’ signatures
-
Recorded judgments against the seller
-
Errors in legal descriptions or earlier deeds
Cure Periods and Your Options
Many Florida residential contracts give the seller a set number of days to cure a title defect after the buyer gives written notice. If the seller clears the defect, the closing moves forward. If not, the buyer usually chooses between accepting the title as it is and canceling the contract.
A title company may agree to insure over a problem, but that does not always make the title marketable. That difference can decide who keeps the deposit.
How Attorney Carlos M. Amor Helps Buyers and Sellers
The same three problems look very different depending on which side of the contract you are on. Attorney Carlos M. Amor represents both buyers and sellers, and the work changes with the role.
When You Are the Buyer
For buyers, the focus is usually on recovering a deposit or holding a seller accountable for a hidden problem. That work can include sending a formal demand to the escrow agent, documenting when and how a defect was discovered, or reviewing whether the seller’s title defect gave you the right to walk away. When a claim is strong, a clear written demand may resolve the dispute without a lawsuit.
When You Are the Seller
For sellers, the goal is often keeping a deposit the buyer forfeited, answering a disclosure claim, or clearing a title issue fast enough to save the closing. Expect a review of what you disclosed, what the buyer knew, and whether the contract deadlines were met. Where a title problem can be cured, acting quickly may keep the sale on track.
What to Do if Your Transaction Is Stalled Right Now
The steps you take in the first few days often shape how a residential transaction problem ends. Before you send any demand or sign anything new, consider these steps:
-
Gather the signed contract, every addendum, and all emails or texts with the other side and the agents.
-
Write down every contract deadline, including inspection, financing, title, and closing dates.
-
Keep copies of inspection reports, photos, and repair estimates.
-
Avoid posting about the dispute or making admissions in writing.
-
Talk with an attorney before a deadline passes.
A short review of the contract at this stage may show that your position is stronger or weaker than it first appears.
A Plantation Attorney Who Knows the Closing Table
Residential transaction problems sit at the intersection of contract law and how deals actually close. At The Law Office of Carlos M. Amor, P.A., one attorney handles both sides of that picture for you.
-
Lawyer and licensed Florida real-estate broker. Attorney Carlos M. Amor reads the contract as a lawyer and understands escrow, inspection, and closing practice from the broker’s side.
-
More than fifteen years of Florida real-estate experience. He brings long familiarity with Florida residential sales to each file.
-
Personal attention. You deal directly with Attorney Carlos M. Amor from the first call through resolution.
-
A focused practice. He handles earnest money disputes, undisclosed defect claims, and marketable title problems, so the advice fits the problem you actually have.
-
Local knowledge. His office in Plantation serves buyers and sellers across Broward County and South Florida.
Every transaction is different, and outcomes depend on the contract and the facts. To find out where you stand, call 954-453-7200 and schedule your free consultation.
FAQs: Residential Real Estate Attorney in Plantation, Florida
A Florida buyer who cancels properly within a contract contingency, such as the inspection or financing period, may get the earnest money back. A buyer who cancels outside those windows, or for a reason the contract does not allow, may lose the deposit to the seller.
A Florida escrow agent holding a disputed deposit typically waits until the parties agree or a settlement process decides who gets it. When a broker holds the funds, Florida law requires the broker to promptly notify the Florida Real Estate Commission and begin an approved procedure such as mediation, arbitration, or a court case.
An as-is contract generally does not protect a Florida seller who knowingly concealed a material defect that was not readily observable. The as-is clause mainly addresses repairs, while the duty to disclose known hidden defects comes from Florida case law.
A Florida fraud claim against a seller must be filed within four years, and the clock starts when the defect was discovered or should have been discovered. Florida law also sets a 12-year outer limit from the date of the fraud.
Marketable title in Florida means title reasonably free from doubt that a buyer would accept without fear of litigation. Insurable title means a title company is willing to issue a policy, which may include exceptions, so a title can be insurable without being fully marketable.
If a Florida seller cannot cure a title defect within the time the contract allows, the buyer can usually choose to accept the title as it is or to cancel the contract. A buyer who cancels on that basis may recover the deposit under standard Florida residential contract terms.
Talk With a Residential Transactions Lawyer in Plantation
A stalled deposit, a hidden defect, or a clouded title can feel like the whole purchase is slipping away, but each one has a defined path under Florida law. The Law Office of Carlos M. Amor, P.A. is located at 300 S. Pine Island Rd, Suite 3032, Plantation, Florida 33324. Call 954-453-7200 to schedule a free consultation with Attorney Carlos M. Amor by phone, by video, or in person.
Call today to protect your investment and your property rights
This page provides general information about Florida real estate law and is not legal advice. Results depend on the specific facts of each matter.
ATTORNEY CARLOS M. AMOR
Carlos M. Amor is a skilled and experienced attorney and real estate broker. His legal practice in South Florida focuses on real estate litigation, real estate investments, tax deed and foreclosure auction purchases, traditional real estate transactions, short sales, foreclosure defense, and civil litigation. Carlos thinks “outside the box” and takes a practical approach to finding solutions that benefit his clients. [ ATTORNEY BIO ]
