Florida Negotiating and Drafting Transaction Cost Provisions

State:
Multi-State
Control #:
US-ND1208
Format:
Word; 
PDF
Instant download

Description

This form provides boilerplate contract clauses that make provision for how transaction costs, both initially and in the event of a dispute or litigation, will be handled under the contract agreement. Several different language options are included to suit individual needs and circumstances.

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FAQ

After you sign an agreement in Florida, you should generally assume that the contract will be enforced. Despite common misconceptions, there is no automatic 'cooling-off' period in our state. Parties do not necessarily have the right to cancel an agreement just because they acted quickly.

A Standard Clause to be used in a commercial contract to allocate litigation costs and expenses to the losing party in a dispute by requiring the losing party to reimburse the prevailing party for the prevailing party's litigation costs and expenses.

Know whether your purchase is subject to the cooling-off rule. In Florida, if you contract for services to be rendered in the future on a continuing basis, you are entitled to a three-day cooling-off period.

Under Florida law, contracts involving goods priced at $500 or more, promises to pay the debts of another, promises made in consideration of marriage, and promises that cannot be fulfilled within one year must be written to be valid.

Grounds for rescission: To seek rescission of a contract, the party must have valid legal bases. Common grounds for rescission in Florida may include fraud, misrepresentation, mistake, duress, undue influence, or other factors that render the contract voidable.

Can a seller sue you for backing out? Again, the short answer is yes. If you back out of a signed contract for a reason not explicitly stipulated as a contingency, not only do you risk losing your earnest money, but the seller could possibly seek further legal action.

Know whether your purchase is subject to the cooling-off rule. In Florida, if you contract for services to be rendered in the future on a continuing basis, you are entitled to a three-day cooling-off period.

Ing to Florida law, a buyer or seller is able to terminate a residential real estate contract and walk away from the deal without penalty by seeking rescission. Rescinding a real estate contract means the contract is considered to have no force and effect from the beginning or that the contract is canceled.

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Florida Negotiating and Drafting Transaction Cost Provisions