Your Legal Obligations When Selling a Home in Florida

Your Legal Obligations When Selling a Home in Florida

If you are selling a home in Florida, you are responsible for fulfilling certain legal obligations when you execute an “As-Is” contract. These include, but are not limited to:

• Seller represents to buyer that seller knows of no facts that materially affect the value of the property that have not already been disclosed.
• Seller represents that he or she has not received any written or verbal notice from any government agency or entity of any code violations.
• Seller disclaims any warranty regarding the property’s physical condition or history.
• Seller represents that no unpermitted improvements or additions have been made to the property unless otherwise disclosed to the buyer.
• Seller represents that there is access to and from the property.
• If the property is a rental property that will be occupied by tenants after closing, seller discloses that fact and provides buyer with copies of written leases within five days of the effective contract date.
• If an inspection identifies any necessary or open building permits, the seller will provide the buyer with all plans or other documentation relating to the property improvements that are the subject of the open or needed permits, and will cooperate with the buyer to resolve permit issues.
• Seller will inform the buyer if the seller is a foreign person as defined by the Foreign Investment in Real Property Tax Act (FIRPTA).
• Seller must maintain the property until closing.
• If applicable, seller will furnish buyer and closing agent with copy of owner’s title insurance policy within five days of the contract effective date.
• At closing, seller must remove all personal property from the property and deliver all keys as well as access codes and other electronic entry devices.
• At closing, seller will assign any assignable contracts and warranties to the buyer, at buyer’s option and cost.
• At closing, seller will pay any liens by a public entity that have been certified and confirmed prior to closing.

Whether you are buying, selling or financing real estate in Florida, it is in your best interest to have an attorney with real estate law expertise to advise and guide you regardless of the size of the transaction.

A qualified real estate attorney can:

• Negotiate, draft, or review the purchase and sale contract.
• Oversee the closing process to ensure compliance with the terms and conditions of the contract.
• Perform a title search or review the title insurance commitment to determine whether there are any liens or encumbrances on the property).
• Draft or review customary closing and title clearance documents.
• Represent your interests in connection with closing related issues.

Jurado & Farshchian, P.L. assists both buyers and sellers with real estate transactions and questions. Please call one of our experienced real estate attorneys at (305) 921-0440, or email us at info@jflawfirm.com today.

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