According to Florida law, common claims against house flippers often involve allegations of fraud and misrepresentation (failure to disclose), breach of contract, and violations of consumer protection laws:
1. Fraud and Misrepresentation: House flippers may be sued for fraud if they knowingly conceal, fail to disclose, or misrepresent material defects in the property. These sellers
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What is The Penalty for Falsifying a Quit Claim Deed
According to Florida law, falsifying a quitclaim deed in Florida can result in criminal prosecution for forgery. Additionally, recorded forged deeds are void and do not convey title to property. This is true regardless of proper witnessing or notarization.
Florida courts have consistently held that “the mere recordation of a forged deed does not affect…
What Happens When Banks Don’t Give Proper Notice of Foreclosure to the Borrower?
Case Example of Precluding Foreclosure Summary Judgment Based Upon Bank’s Failure to Comply with 30-Day Notice
For details of the case, read: Cobbum v. Citimortgage, Inc., 158 So. 3d 755 (Fla. Dist. Ct. App. 2015).
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Christy Cobbum and Patrick Downey first bought their home here in Florida with a home loan from ABN AMRO…
Avoiding Foreclosure After a Major Storm (Hurricane)
Picking up the pieces after a major storm or hurricane can be extremely frustrating, incredibly confusing, and emotionally draining. There’s so much to think about—the welfare of your loved ones and friends, the status of your belongings, the condition of your property, and more. On top of that, you must also deal with the damage…
Can a Quit Claim Deed be Contested?
According to Florida law, a quitclaim deed can be contested in Florida on several grounds based on defects in execution (they must be signed in the presence of two subscribing witnesses), lack of capacity, fraud, duress, undue influence, forgery, or violations of constitutional protections such as homestead rights (to be valid, it must be executed…
5 Things to Know Before Buying a House without a Realtor
For most people, buying a home is one of the biggest milestones in a person’s life. The purchase of a house or condo may be the largest purchase they ever make. Many savvy potential buyers will carefully investigate not only potential neighborhoods and homes, but they will consider other factors like mortgage interest rates, demographics,…
Florida Condominium Negligence
Florida condominium associations are legally responsible for many things, like upkeep and repair of the common areas. The failure to meet these legal duties may result in a negligence claim against the Condominium Association if someone gets hurt because of its neglect. For details on these kinds of claims, read our earlier discussion in: Common…
Top 10 Problems When Two Siblings Inherit a House
Inheriting a home with a sibling can be complicated from buyout disputes to maintenance battles. Get insights on how to solve them.
Inheriting a family home is often a bittersweet milestone. On one hand, it is a generous gift that can build wealth and preserve family history. On the other, it often arrives during a…
Who Pays For a Partition Action in Florida?
According to Florida law, in partition actions, costs and attorney’s fees are generally paid by all parties in proportion to their respective interests in the property, as required by statute, with the court having discretion to adjust these allocations based on equitable principles.
Every party shall be bound by the judgment to pay a share…
Can You Partition Homestead Property in Florida?
According to Florida law, the homestead exemption does not preclude a court-ordered sale in a partition suit if the property is indivisible and such a sale is necessary to protect the beneficial enjoyment of the owners in common to the extent of their interests in the property:
We hold, with the First District, that our…