Legal Question in Real Estate Law in Florida
If in purchasing property with my sisters, I had to write mortgage notes to them. One of the statements in the document was that I HAD ONE YEAR FROM THE DAY IT WAS LISTED to sell it, or we had to do something else.
They made me put some date in there that I knew wouldn't work. But they insisted. It was February 25. But the house was NEVER LISTED THEN.
The property was finally listed, after alot of renovation work on my part, on JUNE 2.
Can they demand that I stick to Feb 25, even though the property was not officially listed until June 2?
1 Answer from Attorneys
I am sure there is more to your issue with your sisters and I wish there was a straight forward answer to your questions, but in contract questions like this the court tries to look at what was the intent of the parties at the time of signing the agreement. Was it to give you one year from the date you listed the property to sell it or was the intent to give you a time limit (up to FEB 25th) to have it listed and on the market to be sold within 1 year from that date. In such a case where you have people arguing both sides, the court puts liability on the drafter of the agreement and rules in favor of the other party if it cannot be determined what the true intent of the agreement is.
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