Legal Question in Real Estate Law in Florida

Re: RE: sale contract

It is NOT obvious that the sale would be as is. In fact, litigation among family members is common. You should have a contract drafted by an attorney familiar with Florida real estate law. There are many other issues that must be considered in an intra-family agreement.

Re: RE: sale contract

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.

No, a sales contract is not required by law but any prudent person would require a contract. This is especially so when dealing with a family member in order to avoid and misunderstandings which might cause the family to become enemies. If there is a lender involved, you will need to have a written Contract.

I would strongly suggest that you invest in a consultation with a reputable real estate attorney who can work with you on this transaction. An attorney should be engaged to draft the closing documents so why not hire him or her now? The cost difference will probably be minimal, if any.

Scott R. Jay, Esq.