FLORIDA REAL ESTATE LAW

Selling and Buying Real Estate

Florida is a common law state so selling and buying real estate in Florida is similar to selling and buying real estate in other states, but Florida has its own peculiarities. Construction lien laws, homestead laws, conveyancing laws, recording laws, environmental laws, zoning and building laws -– all of these vary from those in other states.

Florida abolished the doctrine of Caveat Emptor (Let the Buyer Beware) for residential property, but not for commercial and industrial real estate. So, it’s important for residential sellers to comply before selling Florida real property.

Selling Florida land and buildings using the standard Florida Bar and Florida Realtors contract forms generally favors buyers, so sellers need to modify those forms with addenda and amendments to level the playing field.

Real Estate Legal Forms Books

St. Petersburg Board Certified Real Estate Lawyer James W. Martin has written four volumes of Florida real estate legal forms books, including these:

• Florida Real Estate Sales Contracts: A Collection of Forms for Lawyers
• Florida Real Estate Lease Agreements: A Collection of Forms for Lawyers

Florida Real Estate Frequently Asked Questions

James W. Martin has drafted the Florida Real Estate Law FAQ to answer some of the questions that attorneys are asked regarding Florida real estate.

Articles on Real Estate and Contract Drafting

James W. Martin has also written articles published by the American Law Institute and The Florida Bar regarding real estate law and contract drafting, which are available as downloads on the Attorney Profile page for James W. Martin.

Florida Lawyer Blog Entries for Real Estate

James W. Martin’s blogs have many tips and comments regarding Florida real estate law. They are found in the blog under the topic Real Estate, and can be further refined by clicking on a Tag. All blog entries can be seen in the Archives.

Real Estate As a Florida Probate and Trust Estate Asset

The trust or probate estate of a Florida decedent often owns real estate in the form of a homestead, a home, a house, an office building, or land.