In 1985 the Florida Supreme Court decided that buyer beware does not apply to residential real estate. From then, Florida law placed an affirmative duty on sellers to disclose to buyers all material defects that they actually know about and that are unobservable to the buyers. As a consequence, buyers can rely on a seller’s representations about the house. But whether a particular representation is material under Florida law depends upon the circumstances of the transaction.
Proceedings supplementary in Florida how to use them and how to avoid them
Proceedings supplementary in Florida allows a judgment holder to enforce the judgment against the judgment debtor’s property that is held by a third party. Normally the judgment creditor can only enforce the judgment against property of the judgment debtor in that party’s possession that is not exempt from execution. But if the judgment debtor transfers real or personal property to another party to avoid the judgment then the judgment creditor can use proceedings supplementary to pursue that property.Real property title related claims like quiet title and slander of title in Florida
Quiet title is a claim under Florida law to remove a cloud on title to real property. It is established in and regulated by Chapter 65 of the Florida Statutes. It is often used where a party records an improper lien or claim against the ownership of real property. Slander of title is used to obtain damages flowing from a lien or claim that was wrongfully recorded against the title.The differences between eviction and ejectment in Florida
An eviction in Florida is predicated on the concept that the occupant has a legal right to occupy the premises. In contrast, an ejectment is based on the reality that the occupant has no such legal right. Evictions and ejectments are similar in that both are controlled by specific statutes and both result in the removal of people from real property. But the procedures involved in each claim are very different.