Legal Question in Real Estate Law in Florida
Can Seller cancel contract based on inaccurate information given prior to signin
Have a contract for sale to a realtor/buyer based on his written market analysis/appraisal. Due to subsequent information, the house was appraised by professional appraisers(3) and it is worth substantially more than the sales amount (appraised at more than $50,000 higher ). The home belongs to my Father and he has not signed the paperwork. It was handled by my brother who has a power of attorney to handle his affairs as my Father was seriously injured in an auto accident several months ago and will never be discharged from the hospital. The contract was signed as a realtor/buyer to answer that question ahead of time. The buyer now wants a 3% commission plus expenses of approx $5,000 which he refuses to itemize in order to cancel the contract. We think it is fair to reimburse him for reasonable expenses incurred, but a 3% commission in our opinion is absurd. ( Note: the realtor who provided the appraisal is the same one who is the buyer )
1 Answer from Attorneys
Re: Can Seller cancel contract based on inaccurate information given prior to si
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.
Generally, a Contract is a binding agreement between two parties and is enforceable in a court of law. You have raised some interesting issues regarding the Buyer/Realtor providing a market study analysis which shows the property to worth substantially less than the actual market value. I believe that the Realtor may have breached his/her ethical obligation to deal in a fair manner with your father and brother. More specifically, the realtor may have violated the rules of the Florida Real Estate Commission (FREC).
It is important to know whether the Realtor disclosed his/her status as a Realtor on the face of the Contract. If not, there could be serious reprecussions. Also, just how much did your brother/father rely on the Realtor's representations as to value.
I strongly suggest that you consult with an experienced real estate attorney to discuss all of the specifics of your situation. While compromise may be a reasonable answer to your situation, the facts may help define the scope of a settlement.
Scott R. Jay, Esq., 305-249-8000