Can I back out of an “as is” contract for deed within 30 days if I find mold in the home after signing?

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Can I back out of an “as is” contract for deed within 30 days if I find mold in the home after signing?

There is nothing in the contract about any of this. Can I get my deposit back?

Asked on August 23, 2012 under Real Estate Law, Florida

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 11 years ago | Contributor

The answer to this depends on the contract that you signed.  You used the term "contract for deed."  That is a very specific type of contract under Florida law and has very specific requirements.  If you, indeed, signed a "contract for deed," you should consult an attorney to review it and see how you can void the contract.  If you signed what I suspect you signed, which is an "as is" PURCHASE CONTRACT, you may still have recourse.  The standard Florida As Is Purchase Contract (published by "FAR/BAR" - the Florida Association of Realtors and the Florida Bar) allows for an inspection and cancellation after inspection.  You should take the contract to a lawyer promptly as time deadlines apply.  It will be much easier to deal with this now than to wait.


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