Legal Question in Real Estate Law in Florida

Re: Buyer Beware

The statute of limitations for claims of breach of contract and/or fraud in the inducement have elapsed, which means that the buyer's time to file a claim against the seller based on the theories mentioned has run out. You should consult with a real estate litigation attorney and review all of the documents executed by the buyer and seller in relation to the transaction in question to make sure your interests are properly protected in the event the buyer files a lawsuit. I would be happy to assist you with this matter.

Re: Buyer Beware

I would certainly believe that the statute of limitations would be a successful defense against an action brouhgt by the purchaser.

Re: Buyer Beware

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: Pursuant to Florida Statute Section 95.11(2)(b): Actions other than for recovery of real property shall be commenced within five years if the action is based on a a legal or equitable action on a contract, obligation, or liability founded on a written instrument. Therefore it sounds like the opposing party may be barred by the statute of limitations from maintaining a cause of action against you. It is also possible that you have other defenses however, you need to show your contract to an attorney to be able to determine your exposure. Good luck.

Randall Gilbert