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?


Asked on 11/12/99, 12:25 pm

2 Answers from Attorneys

Randall Reder Randall O. Reder, P.A.

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.

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Answered on 11/16/99, 9:52 pm
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

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.

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Answered on 11/17/99, 8:42 am


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