Legal Question in Real Estate Law in Florida

I purchased a condominium from an individual in Florida. The contract was a "Contract for Deed" with the seller financing the property. I am now being transferred to another state and wish to sell the condominium myself. After talking to a Realtor, she made the statement that since the seller is still listed as the owner on local tax records, he is the only one that can sell the property. Is this true and what would be my legal remedy?

Thank you,

Mel Smith


Asked on 6/04/10, 1:28 pm

1 Answer from Attorneys
Alterraon Phillips APLaw, LLC

It all depends on what the terms of your agreement states and what you, the buyer, and seller intended. It maybe an issue where the mortgage/note held by the seller and deed were not recorded yet. If this is the case, I recommend you record it as soon as possible. The last thing you would want to happen is the seller to resale the property again to someone else. If the seller states they did not plan on transferring the deed to your name until the loan is paid off, you could sue for specific performance to ask the court to have the deed transfered to your name while the seller holds the mortgage (provided your sales agreement does not say different).

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Answered on 6/06/10, 7:57 pm


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