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 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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