Legal Question in Real Estate Law in Florida

default on agreement for deed

I am in a agreement for deed. The owner did not file the agreement. He did not want to pay doc stamps. I have separated with my other half and cant pay all by myself without seller everything and that will only get us another month. If i break the agreement i know he would have to file the deed to foreclose, in which he already has the house. Is this pretty much a fore closer and he cant personally sue me for the whole amount of the house? Or can he sell the house and sue me for the full amount of the house. In which he will make double the money.


Asked on 10/30/07, 11:10 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: default on agreement for deed

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.

While your question is rather confusing, I believe you want to know if the current owner can sell the house and also sue you for the full amount of the house. A court will not allow the other party to profit improperly such as this. If the house is sold, you would only be responsible for any deficiency in the amount received versus the amount you agreed to pay plus any attorney's fees and court costs incurred.

Scott R. Jay, Esq.

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Answered on 10/30/07, 11:52 am


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