Typical Troublesome Scenariohome inspection magnified.jpg

You have just found the perfect home and you are ready to sign the purchase offer. Either you failed to fully read the contract or your home state’s laws allow you the right to terminate the contract if you are dissatisfied with the home inspection, so you assume you have the same rights in Florida and happily sign the contract. The home inspection report later reveals problematic issues that prompt you to want to immediately terminate the contract, but you soon learn that the form contract you signed does not afford you with such right. Instead, you are now forced to proceed under a contract to purchase a home you no longer desire.

Florida Law


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Would you be surprised to discover that the property you would like to purchase, which is subject to a foreclosure suit, has an invalid assignment of bid rights?

Improper Assignment of Bid Rights
As a transactional real estate attorney, I am surprised at the frequency I am discovering improper assignments of bid rights filed

It is commonly known that a buyer should perform due diligence before purchasing property. If the buyer fails to perform due diligence (obtaining a building inspection, phase I environmental report, mold inspection, Chinese Drywall inspection, survey, etc.) the buyer may incur significant unanticipated post-closing costs and liabilities.

When purchasing property at a foreclosure sale or a property that has recently been foreclosed, a buyer must be even more diligent in his or her inspection of the property and title to the property since the buyer, in most cases, is purchasing the property “as is.”

In any type of purchase, a buyer must be concerned with the title to the property. This is especially important in today’s market since so many properties are in foreclosure. What if the foreclosure suit named the wrong lender as the plaintiff? What if a junior lien holder was not named in the foreclosure suit? These situations and many other situations can leave a buyer with title to a property that is not insurable and can cost the buyer thousands and sometimes tens of thousands of dollars to correct.

Most title companies do not understand the complexity of legal matters involved in a foreclosure suit. Further, a title company does not represent either the buyer or the seller in a real estate transaction and cannot provide legal advice to either party.  


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“Title insurance” is a term that is frequently uttered when discussing real estate transactions. Title insurance costs money, which should grab your attention, but do you really know what it is? It is not just another closing cost reflected on a settlement statement. In fact, title insurance is a unique animal in the insurance world, and understanding its nuances can protect your investment – for much longer than you may think.

This post is a title insurance guide for potential buyers of real estate, and is intended to provide valuable information to real estate enthusiasts engaged in any aspect of a transaction. Although this post focuses on title insurance as it relates to the purchase and sale of real estate, it is important to note that title insurance also applies to lending transactions involving real estate.

What is Title Insurance and Why is it Unique?


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