A developer sells a lot to a buyer and provides a warranty deed. The buyer receives the deed but fails to record it for six months. During this time, the developer fraudulently sells the same lot to a second buyer who immediately records their deed. Under Florida's race-notice statute, who has superior title to the property?

Correct Answer

D) The second buyer, because they recorded first and had no notice of the prior sale

Correct: D - The second buyer, because they recorded first and had no notice of the prior sale. Under Florida's race-notice recording statute, the second buyer who recorded first without notice of the prior unrecorded deed has superior title. Why not A: This option is incorrect because "Both buyers have equal rights and must share ownership" does not match the rule tested by the question. The correct answer is "The second buyer, because they recorded first and had no notice of the prior sale". Under Florida's race-notice recording statute, the second buyer who recorded first without notice of the prior unrecorded deed has superior title. Why not B: This option is incorrect because "The first buyer, because they received their deed first" does not match the rule tested by the question. The correct answer is "The second buyer, because they recorded first and had no notice of the prior sale". Under Florida's race-notice recording statute, the second buyer who recorded first without notice of the prior unrecorded deed has superior title. Why not C: This option is incorrect because "The developer retains title until the dispute is resolved" does not match the rule tested by the question. The correct answer is "The second buyer, because they recorded first and had no notice of the prior sale". Under Florida's race-notice recording statute, the second buyer who recorded first without notice of the prior unrecorded deed has superior title.