Do Not Sign a Real Estate Contract in Naples Until You Read This

As you are negotiating, writing a contract, and fulfilling the terms of the contract to buy or sell a home in Naples or Southwest Florida, here is how you stay out of trouble.

In Florida, we are fortunate to have a couple sets of time-tested contracts that have been used for many years, and are updated regularly to keep up with the times with current issues. For this reason we recommend that you do not change any terms of these standard contracts except in extremely rare circumstances. Of course there are areas for “Other Terms and Conditions”, and many different types of addendums that can be used to add to or change the original terms of a contract.

Here are a couple other tips which will help everyone stay out of trouble. Of course, you can always call or text Janet Berry at 239-450-1892 or her experienced team, and I recommend that as step number 1.

1. No Verbal Contracts! In Florida, only written contracts, signed by all parties, are valid. In the heat of contract negotiating, we often find ourselves verbally negotiating because of time constraints or a list of other reasons, but only after ALL parties to the negotiation are aware that verbal negotiations are not valid in Florida, and nothing is binding until it is in writing and signed.

2. Once it is in writing, make sure you, and all parties, read it, and agree with it. Whether it is a contract, a proposal, a report, an addendum or amendment, invoice, etc. make sure you understand it, and that it fully represents your understanding. If your understanding of what is written (not an explanation of what is written) is not what is written, do not sign it.

3. Document everything (or let us do it). Use your smartphone, use the systems we have in place, use a notebook, take photos and videos, etc. and preferably do it while it is still fresh in your mind. Send yourself a text, email, or voicemail, or do whatever you need to do to document it. It does not need to be formal, but everything needs to be documented in case of dispute.