Legal Question in Real Estate Law in Florida
Recanting Signature on Real Estate Purchase
A couple is in the middle of a divorce. The husband is attempting to buy a home in the state of Florida. The wife signs legal documentation acknowledging the purchase of the real estate, as required by law, and the purchase is made. Is there any law that allows the wife, after signing, to recant her signature (for example, within 72 hours) and cancel the purchase contract? Also, what financial liability does the wife incur by signing?
2 Answers from Attorneys
Re: Recanting Signature on Real Estate Purchase
I have no idea what you mean when you say "legal
documentation acknowledging the purchase of the
real estate, as required by law," One
would have to study the documents she signed in order
to advise you as to her rights. There is no
period of time in which one can rescind signing
a purchase agreement or first mortgage, unless the
documents themselves grant that right.
Fl. Real Property Recission Rights
Facts: A couple is in the middle of a divorce.
The husband is attempting to buy a home in Florida.
The wife signs legal documentation acknowledging
the purchase of the real estate,and the purchase
is made.
Q. Is there any law that allows the wife, after
signing, to recant her signature and cancel the
purchase contract? What financial liability does
the wife incur by signing?
A. On a Purchase Money Mortgage ther is no Right
of Recission. If this was a Refinance, then there
would be a three day right of recission. You were
required to sign the mortgage to waive homestead
rights. This did not create any personal liability.
If your husband does not pay, he will lose his home.
You would be joined in any lawsuit but just to
wipe-out any claims you might make; not for money
from you.