A Florida broker presents a written offer from a buyer to a seller. The seller verbally accepts all terms but says she'll sign the contract tomorrow. Before signing, the seller receives a better offer and refuses to sign the original contract. What is the buyer's legal position?
Correct Answer
B) The buyer has no contract because acceptance must be in writing
Correct: B - Under Florida's Statute of Frauds (F.S. 725.01), real estate contracts must be in writing and signed to be enforceable. Verbal acceptance is insufficient. Why not A: Verbal acceptance doesn't satisfy the Statute of Frauds for real estate. Why not C: Without a written signed contract, there's no basis for specific performance. Why not D: Courts cannot force parties to sign contracts they haven't agreed to in writing.
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In Florida real estate contracts, what legal term describes the requirement that all parties must agree to the exact same terms and conditions?
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John signs a contract to purchase a home in Miami for $400,000, believing it includes the adjacent lot. The contract's legal description only includes the house lot. Both parties signed, but John claims mutual mistake. Under Florida law, what is the likely outcome?