Property Sold Our Without Owners Knowledge In Broward
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Florida law allows individuals to force the sale of a jointly owned property through a partition action. Regardless of their percentage ownership interest, any co-owner has the right to initiate this legal process to seek the sale and division of the property's proceeds.
If you back out without cause, the buyer can bring legal action for breach of contract. That means you could be facing a lawsuit where the buyer seeks compensation. Depending on the buyer, the lawsuit may seek financial compensation or even specific performance, forcing you to sell your home.
In Florida, a partial owner of a property can force the sale of a property by filing a partition lawsuit.
If the seller breaches a contract and basically refuses to close on a property in the state of Florida, the buyer has potentially the remedy of specific performance. Of course, this must be drafted into the contract before the parties execute a contract.
Florida, as with most other states, prohibits the removal of a co-owner from the title of real property without their consent.
The co-owner who wishes to sell the property or the estate's personal representative can file a partition action, or a formal adversarial lawsuit, in the probate proceeding under Florida Statutes §733.814 at any time before the estate is closed.
A property certificate of title will tell you who legally owns a property and if there are any easements, covenants, caveats or mortgages relating to the property.
Request a Certified True Copy of the Title from the LRA: This can confirm the legitimacy of the title held by the owner. Check for Encumbrances: Verify whether there are any encumbrances or annotations on the title, such as mortgages, liens, or notices of adverse claims, which could affect ownership.
IMPORTANT: Deeds related to Broward County properties must be recorded with the Broward County Records Division in downtown Fort Lauderdale. Click here to visit their website.
