Legal Question in Real Estate Law in Florida

Re: Breach of Warranty

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Re: Breach of Warranty

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 you are instructed to stop here, and do not read any further.

You have two main options. First, if you purchased an Owner's Title Insurance Policy at the closing, you can file a claim against this policy. The purpose of the policy is to insure clear and marketable title to the real property which includes any unpaid mortgages.

Your other option is to sue the Seller under the terms of the Warranty Deed. You may have to pay a retainer to your attorney and front court costs.

As you can see, it is easier and less burdensome to follow the first option by filing a claim against the title insurance.

I strongly suggest that you consult with a qualified real estate attorney in your area to review this and all other legal questions regarding this matter.

Scott R. Jay, Esq. 305-249-8000