Legal Question in Real Estate Law in Florida

no ins on property

I sold property and an old moble home. In the contract, drawn up by an attorney, It states that I was to receive, by the end of March yearly, a copy of the insurance and taxes paid. I contacted them when I did not receive it this year. I remined them it was in the contact they signed, and it was a breach of contact. I later found out they had not renew the ins. and the moble had burned up. What are my rights and if someone gets hurt on the property who is libable?


Asked on 6/19/07, 2:43 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: no ins on property

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.

Unfortunately, you failed to give much information in your question. If you were to get copies of the insurance each year, I have to guess that you took back a mortgage. Liability for any injury is the owner's responsibility but you are not protected in case suit is filed and he or she loses the property or a lien is placed against the property other than by virtue of the mortgage and the rights it provides to you.

By failing to maintain the insurance, the buyer breached his or her agreement with you and is grounds for a foreclosure action if there is a mortgage in place. I would suggest that you speak with an attorney to get detailed information on your legal rights in this situation.

Scott R. Jay, Esq.

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Answered on 6/19/07, 7:16 pm


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