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Updated almost 4 years ago on . Most recent reply

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Alex Powell
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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.

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Peter Walther
  • Specialist
  • Winter Springs, FL
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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.

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