A general warranty deed contains a scrivener's error in the legal description, transposing two numbers in the lot number. The correct lot is clearly identified by the street address, and the parties' intent is obvious. What is the most likely outcome?
Correct Answer
B) The error can be corrected by a scrivener's affidavit
B is correct because Florida law allows scrivener's errors in legal descriptions to be corrected by affidavit when the error is obvious and the parties' intent is clear, as evidenced by other identifying information like the street address. A is incorrect because the deed is not void due to a correctable scrivener's error. C is incorrect because a new deed is not necessary when a scrivener's affidavit can correct the error. D is incorrect because the intent of the parties controls over the literal description when there's an obvious error.
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Previous Question
A warranty deed in Palm Beach County includes documentary stamp tax. If the property sold for $450,000 and the documentary stamp tax rate is $0.70 per $100 of consideration, what is the total documentary stamp tax due?
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Under Florida law, all of the following would make a deed voidable EXCEPT: