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Contracts & Property Deeds

Real Estate Contracts & Property Deeds in Florida: Ensuring Secure Transactions

Contracts and property deeds are the foundational documents in virtually every Florida real estate deal—whether you’re buying a single-family home, selling a commercial building, or transferring property within a family. These documents must comply with Florida law, accurately reflect the terms of your agreement, and protect your interests.

The Role of Real Estate Contracts

A real estate contract outlines the terms a buyer and seller agree to transfer property. Key provisions typically address:

  • Purchase Price & Payment Terms: Whether financed or cash-based, clarity on the price, deposit, and contingency deadlines is crucial.
  • Inspection Contingencies:  In Florida, it’s common to include inspection periods during which buyers can evaluate the property for defects or environmental concerns.
  • Closing Date & Conditions:  The contract should specify when and where closing will occur, as well as any conditions that must be met beforehand—like financing approval.
  • Default & Remedies: If one party breaches, the contract dictates what happens next—such as forfeiture of deposits, specific performance, or termination.

Potential Pitfall: Relying on a generic, boilerplate contract can leave buyers and sellers vulnerable to overlooked issues, inaccurate representations, or noncompliance with Florida law.

Understanding Property Deeds

A deed is a legal instrument used to convey property ownership from one party to another. Common deed types in Florida include:

  • Warranty Deed:Offers the broadest protection, guaranteeing that the seller holds clear title and has the right to transfer it, and providing covenants against any title defects.
  • Special Warranty Deed: Limits the seller’s guarantees to defects that arose during their ownership, rather than extending back through the property’s entire history.
  • Quitclaim Deed: Conveys whatever interest the grantor has (if any) without any warranties. Often used for intra-family transfers or resolving minor title issues
  • Life Estate Deed / Lady Bird Deed: Allows a property owner to transfer property while retaining the right to live in it until death. The property passes to the remainder beneficiaries automatically upon the owner’s passing, potentially avoiding probate.

Key Requirement:  Florida law mandates that deeds be signed by the grantor in the presence of two witnesses and be properly notarized to be recorded in the county’s public records.

Common Contract & Deed Issues

  • Improper Execution: A deed may be invalid if not correctly witnessed or notarized.
  • Ambiguous Terms: Contracts lacking clear price terms, contingency dates, or default remedies can create grounds for legal disputes.
  • Title Defects: : If a property has unresolved liens or ownership claims, even a seemingly valid deed might not guarantee a clear title.
  • Zoning and Use Restrictions: Failing to verify that the property’s intended use is compatible with local ordinances can lead to significant problems post-closing.

How Smith Cors Law Helps

At Smith Cors Law, we focus on safeguarding your interests throughout any transaction. Our attorneys:

  • Draft & Review Contracts: We ensure every clause complies with Florida statutes, addresses your specific needs, and offers robust protections.
  • Prepare & Validate Deeds: Our team can recommend the optimal deed type and help execute it lawfully, ensuring seamless recording.
  • Perform Title Searches:  We work with title companies and utilize public records to verify ownership, liens, or encumbrances.
  • Negotiate Disputes: Should a disagreement arise—whether it’s about inspection results, missed closing dates, or title defects—we advocate for solutions that protect your position.

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A Secure Foundation for Your Property Transactions

In Florida’s competitive real estate market, details matter. Well-crafted contracts and properly executed deeds are the backbone of any secure transaction. By partnering with Smith Cors Law, you’ll gain peace of mind knowing that seasoned attorneys are watching out for your best interests from the initial agreement to the final transfer of title.
If you’d like to learn more about how we can tailor contracts and deeds to your unique situation, contact us. Our commitment to detail and understanding of Florida real estate law will help you avoid pitfalls and ensure a smooth path to closing.

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