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  1. #11
    Join Date
    Jan 2019
    Posts
    6

    Default Re: Earnest Money Release from Seller in Florida

    Thanks for the feedback.
    Yes. It looks like accepting the extensions was a mistake. I can't see how I am the one in breach of contract by the language in the agreement but if after a few attorney consultations they confirm this then I suppose I'll have to leave it be.

  2. #12
    Join Date
    Jan 2019
    Posts
    6

    Default Re: Earnest Money Release from Seller in Florida

    After researching my options this is what I ended up doing:

    1. Filed an affidavit with the county records office where the deed is recorded stating a "notice of contract" between buyer and seller.
    2. Informed seller I filed said affidavit.

    Doing this will cloud the title preventing the seller from selling to other parties.

    This had the desired effect and seller signed the Release and Cancellation form.

  3. #13
    Join Date
    Mar 2013
    Posts
    17,041

    Default Re: Earnest Money Release from Seller in Florida

    You got lucky. You did that without good cause. He could have sued you for Slander of Title, kept your money, plus additional damages.

  4. #14
    Join Date
    Jul 2010
    Posts
    7,626

    Default Re: Earnest Money Release from Seller in Florida

    You did make sure to undo what you did to cloud the title, correct?

  5. #15
    Join Date
    Jan 2006
    Posts
    38,714

    Default Re: Earnest Money Release from Seller in Florida

    Quote Quoting Blitz
    View Post
    After researching my options this is what I ended up doing:

    1. Filed an affidavit with the county records office where the deed is recorded stating a "notice of contract" between buyer and seller.
    2. Informed seller I filed said affidavit.

    Doing this will cloud the title preventing the seller from selling to other parties.

    This had the desired effect and seller signed the Release and Cancellation form.
    actually the cloud doesn’t prevent the property from being sold. It creates an air of doubt concerning whatever issue is involved. That can cause some buyers to back off. Depending on what the issue is, it may not cause any real problems.

    it can also cause the owner to sue you for slander of title which can allow the owner to sue you for money damages.


    It could have also also caused the seller to sue you for specific performance since, especially since you wanted to claim there was an active contract on the property.


    I suggest you buy some lottery tickets. You are a very lucky person.

  6. #16
    Join Date
    Mar 2013
    Posts
    17,041

    Default Re: Earnest Money Release from Seller in Florida

    Quote Quoting jk
    View Post
    actually the cloud doesn’t prevent the property from being sold. It creates an air of doubt concerning whatever issue is involved. That can cause some buyers to back off. Depending on what the issue is, it may not cause any real problems.
    Title companies might not write title policies and lenders might not lend. I'd call those real problems.

  7. #17
    Join Date
    Jan 2006
    Posts
    38,714

    Default Re: Earnest Money Release from Seller in Florida

    Quote Quoting adjusterjack
    View Post
    Title companies might not write title policies and lenders might not lend. I'd call those real problems.
    it all depends on precisely what is involved in the cloud. Some clouds are more or less ignored. Others will prevent lenders from lending for it and title companies from writing policies. Many times title companies will write a policy with an exclusion for the issue involving the cloud.

    In the situation at hand I believe it wouldn’t be a big issue as the op wanted out of the contract. If challenged, op would have to either act to purchase the home or release his claim. I think the op got real lucky action wasn’t taken against him.

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