Legal Question in Real Estate Law in Florida

Home Warranty

Are we required to transfer our Home Warranty protection plan to new owners

or can we cancel for a refund of our money - they did not specify they wanted

it included in the contract. We had a flyer that stated washer/dryer, extra

fridge in garage, home warrantee, bookshelves could all be included but they

specified only the shelves. Would this be included in personal property?


Asked on 3/21/05, 9:37 am

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Home Warranty

Based on the information provided in your question, the answer is "no," but without actually reading your contract there is no way I can give you any definitive answer or meaningful guidance. If the buyer has not made this an issue, you are probably fine with cancelling the home warranty on the date you close. You can also prepare a letter giving the buyer the option of paying for the transfer/extension of the home warranty at closing and stating that if payment is not made then the warranty will be cancelled and this way you have it in writing that the buyer elected to forego the continuation of the home warranty. If you have a real estate lawyer handling your closing, this is a question for that lawyer to handle.

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Answered on 3/22/05, 8:53 am


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