Legal Question in Real Estate Law in Florida

Re: Closing on sale of property

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It depends......Are you the Buyer or the Seller?

If you are the Seller, then you are legally responsible for all obligations up through the date of the sale. Most likely, you signed a Warranty Deed stating that the property was free and clear of all encumbrances other than taxes for the current year. You also probably signed an Affidavit of No Liens at closing wherein you affirmatively stated that there were no liens other than current taxes and agreed to be responsible for any encumbrances if found later. If litigation is required, you may be held liable for court costs and attorney's fees.

If you are the Buyer, you may have the initial obligation subject to reimbursement from either the title company and/or the Seller.

Either way, I strongly suggest that you contact a qualified real estate attorney to discuss your rights and obligations.

Scott R. Jay, Esq.