A real estate broker is preparing closing documents for a client in Miami-Dade County. The deed contains an error in the legal description. The broker discovers this error one day before closing. What should the broker advise the client regarding recording this deed?
Correct Answer
A) Do not record the deed until the error is corrected
Correct: A - Do not record the deed until the error is corrected. The deed should not be recorded until the error is corrected, as recording a defective deed can create title problems and may not provide proper notice. Why not B: This option is incorrect because "Have the county clerk correct the error during recording" does not match the rule tested by the question. The correct answer is "Do not record the deed until the error is corrected". The deed should not be recorded until the error is corrected, as recording a defective deed can create title problems and may not provide proper notice. Why not C: This option is incorrect because "Record the deed as-is and file a correction deed later" does not match the rule tested by the question. The correct answer is "Do not record the deed until the error is corrected". The deed should not be recorded until the error is corrected, as recording a defective deed can create title problems and may not provide proper notice. Why not D: This option is incorrect because "Record the deed with a handwritten correction" does not match the rule tested by the question. The correct answer is "Do not record the deed until the error is corrected". The deed should not be recorded until the error is corrected, as recording a defective deed can create title problems and may not provide proper notice.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A general warranty deed provides the greatest protection to the grantee by guaranteeing that the grantor holds clear title and has the right to sell the property. It includes covenants that protect against all defects in title, even those arising before the grantor owned the property.
Intestate succession is the legal process by which a deceased person's property is distributed according to state law when they die without a valid will. State statutes determine the order of inheritance.
Marketable title is title that is free from reasonable doubt as to who the owner is and free from liens, encumbrances, or defects that would cause a reasonable buyer to hesitate before purchasing. It is also known as merchantable title.
More Titles Deeds Recording Questions
In a Tampa transaction, a buyer wants the Florida rule on chain of title. Which statement is correct?
In Florida's recording system, what does 'constructive notice' mean?
In a Tampa transaction, a buyer wants the Florida rule on general warranty. Which statement is correct?
Which answer most accurately states the Florida rule for general warranty?
Sarah is selling her Miami Beach condominium to Robert. At closing, she signs a deed that contains warranties that she owns the property and has the right to convey it, but provides no warranties against defects that existed before she acquired the property. What type of deed did Sarah most likely execute?
- → All of the following are essential elements of a valid deed in Florida EXCEPT:
- → John and Mary own property in Jacksonville as tenants by the entirety. John wants to secretly transfer his interest to his business partner without Mary's knowledge or consent. He executes a quitclaim deed to his partner. What is the effect of this deed?
- → What is the main difference between a general warranty deed and a special warranty deed in Florida?
- → Under Florida law, what does 'constructive notice' mean in the context of recorded deeds?
- → In Florida, what is the primary purpose of the documentary stamp tax on deeds?
- → Which deed is most commonly used in Florida residential transactions?
- → Which answer most accurately states the Florida rule for chain of title?
- → In Florida, all of the following situations would typically be excluded from standard title insurance coverage EXCEPT:
- → Non-single-family real property in Miami-Dade County is conveyed for $220,000. What total deed documentary stamp tax and surtax are due?
- → A Florida owner uses a quitclaim deed to transfer whatever interest the owner has to a family member. Which statement about that instrument is incorrect?
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