Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
Florida Real Estate Q&A Discussion Forum
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 4 years ago on . Most recent reply

User Stats

13
Posts
1
Votes
Alex Powell
1
Votes |
13
Posts

How to record a sales contract in Orange County, FL?

Alex Powell
Posted

Does anyone know how to record a real estate sales contract with the county? I'm in Orange County, FL. I'm dealing with a seller whom doesn't quite think he needs to abide by the contract he signed and I want to prevent him from trying to sell the property behind my back. 

Any direction will be greatly appreciated.

Most Popular Reply

User Stats

1,612
Posts
693
Votes
Peter Walther
  • Specialist
  • Winter Springs, FL
693
Votes |
1,612
Posts
Peter Walther
  • Specialist
  • Winter Springs, FL
Replied

I'm not an attorney and this isn't legal advice.  The contact itself probably isn't recordable since the seller's signature isn't notarized.  However, if you prepare and sign an affidavit of interest prepared in recordable form that can be recorded, with or without the contract as an exhibit.  You'll need to make sure it's indexed under the seller's name.  while the affidavit may not be constrictive notice I believe most title companies will decline to close and insure a purchaser without getting a release of the claimed interest.  Keep in mind there are laws against slander of title which the seller may claim you have done.  

Florida Slander of Title: Defamation Lawsuit Where Florida Real Estate Title is Disparaged – Can Actual and Punitive Damages Be Awarded? | About Florida Law

If you believe the seller has breached the contract, I think the correct thing to do would be to hire and attorney and file suit for the breach and ask that a lis pendes be recorded.  That should chill a sale to another buyer.

Loading replies...