Equal Housing

HOMEOWNERS' ASSOCIATION DISCLOSURE LAW
(F.S. 689.26)

Effective July 1, 2003, it is the responsibility of the Seller(s) to disclose to the Buyer(s) that they are purchasing a home in a community where, (a), there is a mandatory OR voluntary homeowners' association, or, (b) there are, or will be, recorded restrictive covenants governing the use and occupancy of properties in the community, or, (c), there are assessments. The disclosure must be given to the Buyer(s) before a sales contract is executed. If it is not given until after contract execution by the Buyer(s), the Buyer(s) has the right to cancel the contract within 3 days of receipt of the disclosure, or prior to closing, whichever occurs first. The contract will not be voidable after closing.

New language required for the Contract for Sale and Purchase:

IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 689.26, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING.

If the contract DOES NOT contain this statement, it can be voided by the Buyer(s) anytime until closing!

To view and print the HOMEOWNERS' ASSOCIATION DISCLOSURE in Adobe .PDF format click here. 26k

To view the HOMEOWNERS' ASSOCIATION DISCLOSURE LAW (F.S. 689.26) and the proscribed disclosure format directly from the State of Florida's website in Adobe .PDF format click here. 99k

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