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Real estate law involves a person’s right relating to the ownership and possession of land, buildings or structures on land. Every home purchase involves a number of potentially complicated legal issues and a great deal of paperwork. Below are certain real estate laws in Florida that everybody should follow to avoid any kind of complications in buying and selling.
- No Discrimination in housing: It is against Florida law to discriminate in the sale, rental, financing or provision of real estate brokerage service in the appraisal of housing based on race, color, religion, sex, national origin or family status. Persons who believe they may have been discriminated against one of the above factors should contact the Florida commission on Human Rights to determine if they are eligible to file a complaint under the Florida Fair Housing Act.
- Records of Deeds: In Florida, real estate records are kept in each county. It is important that new buyers must record their deeds at the public record office, located in each county courthouse. Recording a deed gives notice to the whole country that a particular piece of property has been sold.
- Tenancy in Common: In Florida, tenancy in common is a form of co-ownership. They share the right to possess, sell or encumber the property. Unlike joint tenants, tenants in common do not have the right of survivorship. If one of the owner dies, his/her interest will be transferred to their heirs.
- Joint tenancy:In Florida, although it is a common way for a husband and wife to own a property, there is no requirement that joint tenants be married to one another. Each individual owner in joint tenancy has a right to sell, encumber and possess the entire property. When one joint tenant dies, his/her interest in the property is automatically transferred to the remaining joint tenants. This transfer of ownership is known as right of survivorship.
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