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Not infrequently in the context of a purchase and sale transaction, the title search may reveal a defect in title. Most real estate contracts define a defect in title as a matter which renders title “unmarketable”. Subject to specific exceptions and qualifications in a real estate contract, generally, a marketable title is one that must
If you see something, say something, and if you say something do something. In the world of real estate, if you gratuitously say you will do something, you may be required to do it in a careful and prudent manner. In Muchnick v. Goihman, 43 Fla.L.Weekly D986 (Fla. 3 DCA May 2, 2018), the
On June 14, 2018, Mr. Rubin, as Chair of the Florida Bar Board of Legal Specialization and Education (2017-18), presented the annual Excellence in the Promotion of Board Certification Award to the Florida Statewide Guardian ad Litem Program. See the below link: https://www.floridabar.org/news/tfb-news/?durl=%2F__85256aa9005b9f25.nsf%2F0%2Fbaab9e1b03e6546a852582b400472855 * * * * * * * * * * *
It is not uncommon for the owner of real property to grant to one person the right to purchase the property if the owner accepts a bona fide offer to purchase the property from another person (right of first refusal). For example, a tenant might want to have the opportunity to own the leased premises
On December 8, 2016, Mr. Rubin was a guest on the South Florida News and Talk IHEART radio network show “Legal News and Review”. Mr. Rubin discussed the Florida Bar’s Board Certification Program and how it is a benefit to both the public and the lawyer who becomes Board Certified. The Board Certified lawyer must
A written contract for the conveyance of real property must contain all of the essential mutually agreed upon terms. One essential element is the agreed upon description of the real property to be conveyed. If the description of the land described in the contract cannot be determined by a surveyor reading the contract, with or
A natural person must be mentally competent to legally convey real property by deed. That is not a novel or surprising proposition. Suppose a woman in her nineties is selling her home and she attends the closing to sign the deed and other closing documents. She is not represented by an attorney, and she arrives
The Florida Constitution exempts every Florida resident’s homestead from “forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon”, except for “the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field, or other labor performed
In a typical real estate transaction, an attorney may owe duties to the client, the lender, the title insurer, and the other party to the purchase and sale. For example, in Palm Beach County, an attorney could simultaneously be the escrow agent who holds the deposit, the title agent who examines evidence of title and
The primary purpose of Florida’s Marketable Record Title Act (“MRTA”) is to extinguish title claims that predate the root of title. MRTA eliminates ancient claims and defects in title and, as the Act’s title indicates, promotes the marketability of title (i.e., title that is free of stale claims, defects, and adverse interests). The “root of
