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In the state of Florida, do both spouses have to sign a contract of sale for it to be a legal and binding contract?
Port Orange, FL
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Posted about 1 month ago in Contracts / Agreements
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I signed a contract of sale on a house. I applied for the loan within the 5 day time frame stated in the contract and I have all documentation to prove it. My loan was denied. I cannot get the seller to call me back and he has not returned my earnest monies. My secretary noticed that it only has the husband's name and signature. She said in the states of North & South Caroina, both spouses have to sign a contract of sale. It only takes one to buy, but both to sell. Is it the same in Florida?
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In the state of Florida, do both spouses have to sign the contract of sale in a residential real estate transaction, for it to be legal and binding? I already know that if I have my loan denial documentation I am entitled (the website asked for specifics on the situation, thats why I put in there about the loan denial) to the earnest monies back. I just want to know if both spouses are liable, or if it was illegal for the husband to enter into a contract without the wifes signature. Answers (2)
Earl Kenneth Mallory
This attorney is licensed in Florida and 1 other state.
Posted about 1 month ago.
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You should see a lawyer to review the contract and the circumstances. If there was a financing contingency in the contract, You should be entitled to a return of your deposit.
Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted about 1 month ago.
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Yes, you need to consult a lawyer. Good luck to you.
God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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