Legal Question in Real Estate Law in Florida

Contract for Sale and Purchase

In a real estate contract for sale and purchase there is a section ''Contract not recordable, persons bound and notice'' which states ''Neither this contract nor any notice thereof shall be recorded in any public records''. What is the purpose of this provision?


Asked on 6/25/09, 7:55 am

1 Answer from Attorneys
Lawrence Tolchinsky Sackrin & Tolchinsky, P.A.

Re: Contract for Sale and Purchase

The purpose of the provision is to avoid a cloud on the title to the property. If you record the Contract, the Contract becomes an item which affects the title/ownership of the property. When the owner tries to sell the home, the Contract will appear in the chain of title. If you were to record the Contract, the owner could sue you for adversely impacting title to the property.

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Answered on 6/25/09, 9:15 am


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