no clear title in florida
UPDATED: Oct 1, 2022
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no clear title in florida
We were supposed to close on a house in Florida on Feb 7. The title company could not issue clear title at that time. The realtor told us that we have to give them 30 days to provide clear title and we can not get out of the contract for those 30 days. Is this correct?
Asked on February 28, 2018 under Real Estate Law, Florida
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, it is not correct: an inability to provide clear title at closing is material, or important, breach of contract and you could get out of the contract for this; there is no inherent right to take extra time to try to clear title. That said, the best pay to proceed if you are almost done with the 30 days they requested (as appears to be the case) is to send the seller a "time is of the essence" letter reiterating the original closing date and what happened, setting a new closing date after this 30-day period, declaring that time is of the essence (& briefly explain "why": e.g. you are incurring rental or storage costs; you have to be out of your current location; etc.). In the letter, state that if they cannot close and provide clear title on the new date, you will consider the the contract breached and terminated by their breach, and will expect your deposit back and compensation for any costs you have incurred due to the breach. Sending such a letter and putting the seller on clear notice generally helps if the matter ends up in court for some reason. Send the letter some way or ways you can prove delivery.
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