A married couple in Florida is selling their homestead property. The husband signs the contract to sell, but the wife is out of the country and unavailable. The buyer wants to proceed. What is the status of this contract under Florida law?
Correct Answer
B) Void because both spouses must sign to convey homestead property
Correct: B - Under Florida Constitution Article X, Section 4, both spouses must join in the execution of contracts to sell homestead property. The contract is void without both signatures. Why not A: One spouse cannot unilaterally convey homestead property. Why not C: The contract is void, not merely voidable. Why not D: While POA could work, the question doesn't indicate one exists.
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Previous Question
A Florida real estate contract specifies a purchase price of $400,000 with the buyer providing a $25,000 earnest money deposit. The contract requires an additional deposit of 5% of the purchase price within 10 days of the effective date. What is the total deposit amount the buyer must provide?
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Under Florida law, which of the following does NOT make a real estate contract void?