Conroy, Conroy & Durant, P.A.2026-07-15T13:45:03Zhttps://www.naplespropertylaw.com/feed/atom/WordPressOn Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[Can you rescind a property purchase agreement in Florida?]]>https://www.naplespropertylaw.com/?p=493092026-07-15T13:45:03Z2026-07-15T13:45:03ZIt depends. If you are changing your mind about a property that you are purchasing in Florida, you may be able to rescind your property purchase agreement under certain legally recognized scenarios.
Before the window closes
Florida law provides a "cooling-off" period for buyers, giving them a brief window to cancel the agreement without penalty. Depending on the type of property you are purchasing, you can rescind the agreement within:
15 days if you are buying a new condo directly from a developer
7 days if you are buying a resale condo
3 days if the property is governed by a homeowners association (HOA)
10 days if you are purchasing a timeshare property
All these statutory windows start from the day you signed the purchase agreement.
Contractual contingencies
If your cooling-off window has closed, your next safety net lies within your contract. If your agreement includes standard contingency clauses ‒ such as an inspection, financing or appraisal contingency ‒ you can legally cancel the transaction. Triggering these clauses may allow you to walk away safely without forfeiting your earnest money deposit.
Common-law grounds
Even if the window period has passed and you don’t have a contingency plan to safeguard you, common law may still give you grounds for rescission. An attorney can help you rescind the agreement by proving to the court that:
The seller materially failed to meet an obligation under the purchase agreement
The seller concealed or misrepresented a material fact affecting the property's value or desirability
Nevertheless, the homeowners are not required to voluntarily disclose information related to psychological stigmas, such as whether the property was the site of a homicide or suicide.
How can a legal guide help?
Rescinding real estate contracts without legal grounds can cost you your deposit or worse, result in a lawsuit. If you are planning to back out of a property purchase, a legal guide experienced in Florida real estate law can review your contract, identify your options and help you protect your financial interests.]]>0On Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[Do you have to uphold an easement on residential property?]]>https://www.naplespropertylaw.com/?p=493072026-07-06T23:44:21Z2026-07-06T23:44:21Zeasement in gross is typically not connected to a specific piece of land and does not need to be transferred. It is simply an agreement between two property owners. If someone else buys the land, they can decide to terminate the easement.
On the other hand, an easement appurtenant is one that runs with the land. Essentially, the easement is part of the land itself. A new owner is obligated to uphold it, so a buyer needs to be made aware of this obligation, as they generally cannot terminate the easement.
Why are easements used?
Easements are used to give another party access to the land. In some cases, this means that utility companies have easements. They may need to run services to a property, and they need a way to gain access to do so.
Another example is when a property owner needs access to their land from a main road, but another property lies between them and the road. They may have an easement that allows them to cross the front property to gain access to their own. This is much like a shared driveway, and the easement holder only has permission to cross the land, not to fundamentally alter it or use it in any other way.
Residential real estate transactions involving easements can be complicated. Each party should have an experienced attorney to help them understand their rights and obligations.]]>0On Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[What is a condo special assessment?]]>https://www.naplespropertylaw.com/?p=493052026-06-23T16:11:55Z2026-06-23T16:11:55ZWhen purchasing a condo, it’s easy to become focused on the purchase price and what the monthly payments will be; however, there are other expenses that you’ll also have to pay. A condo special assessment is one of those. This is an additional charge that a condo association imposes on unit owners.
The condo special assessment is separate from regular monthly assessments. It’s used to cover unexpected expenses, insurance shortfalls, legal costs, reserve funding gaps or major repairs. These can be stressful for condo owners because they often involve large amounts that are due on a set schedule. In some cases, condo boards may allow owners to pay the special assessments in installments.
Why are special assessments necessary?
Special assessments are necessary because they maintain the property in specific cases. Some of the more common reasons include roof replacement, storm damage, structural repairs, elevator work, concrete restoration or plumbing failures. Condo boards can’t charge special assessments when they feel like it. Instead, the condo bylaws and declarations govern how often special assessments are approved and collected. Some assessments can be approved by the board, but others require owner approval.
How do condo owners find out about special assessments?
Condo owners should receive a written notice about the special assessment. It should include the purpose of the assessment, payment deadlines, total assessment amount, voting requirements and consequences for nonpayment. Reading through this notification is critical so owners know exactly what it’s for and what action they need to take. Special assessments are a routine part of owning a condo, but they can lead to financial challenges. In some cases, they can raise legal questions. It may be beneficial to work with someone familiar with this area of real estate law if there are issues with a special assessment.
]]>0On Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[4 reasons first-time homebuyers need a title search in Florida]]>https://www.naplespropertylaw.com/?p=493002026-06-10T08:29:03Z2026-06-10T08:29:03ZYou spend weeks inspecting walls, testing plumbing and checking the roof before buying your first home in Florida. That kind of thoroughness is smart. But another layer of your home deserves the same attention, the legal framework that holds the entire property together.
What does a title search do for you?
A title search reviews public records to confirm a property's legal ownership. As a first-time homebuyer in Florida, you can use this step to understand the full history of the home you want to buy. More importantly, a title search can reveal title defects before you close your real estate transaction. Catching these issues early can protect you from costly problems in the future.
Four reasons you should never skip a title search
Now that you understand what a title search does, you should know why skipping it can put your investment at serious risk. Here are four reasons every first-time homebuyer in Florida needs a title search:
It reveals unpaid debts: A title search uncovers outstanding claims like unpaid property taxes, contractor bills or Homeowners Association (HOA) dues that you could become responsible for at closing.
It verifies chain of ownership: It reviews the full ownership history of the property to ensure no previous owners, heirs or fraudulent sellers can contest your legal right to the home.
It discovers encumbrances: It identifies easements, zoning restrictions or boundary disputes that could limit how you use or develop your property.
Your mortgage lender requires it: If you finance your home, your lender will require a title search to protect their financial interest before approving your loan.
Each of these reasons shows just how much a title search can safeguard your purchase. But knowing about problems before closing only covers part of your protection, and that is where your next layer of security comes in.
Protect your home before and after closing
A title search gives you a clear picture of your property before closing. But protecting your home purchase does not end there. Title insurance covers unexpected issues that may surface after closing, giving you an added safety net for the long run. Together, these steps help ensure that your first home remains a solid and secure foundation for your family's future.]]>0On Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[When can a landlord enter an apartment in Florida?]]>https://www.naplespropertylaw.com/?p=492982026-06-09T15:08:37Z2026-06-09T15:08:37ZWhen landlords and tenants rent an apartment, they sometimes run into conflicts over who can access it. The landlord owns the space and may believe they can enter it at any time. But the tenant has signed the lease and may believe they have an expectation of privacy.
There are restrictions on when landlords can enter a residential apartment, and they do have to give tenants a certain level of privacy. Below are a few examples of when a landlord may be able to enter:
If there is an emergency
In some cases, there may be an emergency, such as a flood, a fire or a similar issue, that means the landlord needs to enter immediately. They are allowed to do so.
With reasonable notice
Generally, reasonable notice means that the landlord has to give someone 12 hours' notice. They may do this if they need to show the apartment to prospective tenants or make updates and repairs.
If the tenant is absent
In some cases, if the tenant is absent for a long time, the landlord may be allowed to enter the space because they believe the tenant has abandoned it.The law allows this if the tenant has been absent for at least half of the time between rental payments. If someone pays rent every month, for example, the landlord may be able to enter if they have been gone without explanation for more than two weeks.
If the tenant will not cooperate
Finally, a tenant should not unreasonably withhold consent, and the landlord may be able to enter if the tenant does so. An example would be a tenant who refuses to cooperate and will not agree to give the landlord access for weeks, even though necessary repairs need to be made.Conflicts over access to or use of a space can get very complicated, especially when both sides believe they are in the right. When these disputes arise, it is crucial to understand what legal steps to take.
]]>0On Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[How civil litigation can help to resolve title defects]]>https://www.naplespropertylaw.com/?p=492962026-05-25T17:45:45Z2026-05-25T17:45:45ZQuiet title actions lead to record updates
Civil court judges don't just enforce contracts and resolve disagreements between property owners. They can also help correct inaccurate and outdated property records.
County recorder's offices maintain title records related to real property. Those title records include information about a property's legal description, current and former owners, recorded liens and current easements.
All of those details influence ownership rights. Sometimes, the information available from the county is not accurate. A deceased former owner may still show up as a co-owner. A lien paid in full years ago may still be on record. In those situations, issues with title records can prevent title insurance companies from promptly issuing title policies.
That can impact the timeline for a refinancing transaction or derail a sale. During quiet title proceedings, attorneys present information about the property and any inaccurate records to the courts. The judge evaluates all of the documentation available to them. If they agree that there is a mistake in the official county records, they can order the correction of the county records.
Quiet title proceedings are one of several options for addressing title defects before or during real estate transactions. Discussing title concerns with a real estate attorney can help property owners protect their ownership interests accordingly.]]>0On Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[When is water damage the responsibility of a condo association?]]>https://www.naplespropertylaw.com/?p=492942026-05-08T23:34:56Z2026-05-08T23:34:56ZThe source of the leak determines responsibility
Condominium associations are generally responsible for any major mechanical issues within the buildings they operate, as well as structural issues. Property owners are responsible for their interior spaces.
If condo water damage is the result of the property owner ignoring a dripping faucet or a leak at the base of their tub, they may be responsible for the cost of the necessary repairs. However, if the plumbing in the walls or an issue with the roof caused the water damage, then the condominium association may be responsible. In cases where the water damage results from the negligence of another condo owner, the matter may require more careful review to determine who is liable.
Property owners frustrated by unexpected water damage may need help pursuing reimbursement or support from their condominium association. Discussing property damage with an attorney can help unit owners evaluate options for covering their repair costs.]]>0On Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[Factors to check before you commit to a residential leasing]]>https://www.naplespropertylaw.com/?p=492922026-04-23T15:00:09Z2026-04-23T15:00:09ZRenting a home is an important decision that affects your comfort, finances and daily life. While finding the right place may feel exciting, it is easy to overlook critical details in the process.
Taking time to review key factors before signing a lease can help you avoid future problems. A careful approach ensures you understand your responsibilities and choose a space that truly meets your needs.
Research the property and management
Before committing, learn more about the landlord and the building by speaking to current or past tenants if possible to understand their experiences.Online reviews can also provide insight into maintenance, communication and overall living conditions.
Inspect the condition of the unit
Visit the property and carefully examine both the interior and exterior. Ensure you look for signs of damage such as leaks, cracks or poor repairs.Also, check security features like locks and lighting and take photos of the unit before moving in so you have a record of its condition.
Understand the lease terms fully
Reading the lease thoroughly is essential. Pay close attention to rent amounts, payment dates and rules about deposits and renewals.Also, review policies on repairs, guests and property use. Knowing these details helps prevent misunderstandings later.
Clarify shared living arrangements
If you plan to live with roommates, discuss expectations early. Agree on how rent, bills and responsibilities will be shared.Writing down these agreements can help avoid conflicts and ensure everyone understands their role.
Consider insurance and financial protection
Many renters assume the property owner will cover all losses, but this is not always the case. Renters’ insurance can protect your belongings in case of damage or theft and provide support for temporary housing if needed.
Final thoughts
Signing a lease is more than just securing a place to live, it is a commitment that involves financial and legal responsibilities.Taking time to research, inspect, and understand your agreement can help you avoid costly mistakes. Seeking professional legal guidance when needed can further ensure that you make informed decisions and protect your interests.]]>0On Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[Digital notice rules Florida condo owners must know in 2026]]>https://www.naplespropertylaw.com/?p=492902026-04-16T19:54:50Z2026-04-16T19:54:50Z updated Florida Condominium Act now mandates digital notice and record-keeping for most associations, not just physical mail. If you serve on a condo board or own a unit in a Naples condominium with more than 25 units, here is what this change means and why it matters.
What is a special assessment, and why does a notice matter?
A special assessment is a charge that a condo association levies on unit owners in addition to regular monthly fees. Boards call for one to cover unexpected repairs, fund capital improvements or address a budget shortfall. In many cases, charges can reach tens of thousands of dollars per unit.
Florida law requires boards to formally notify owners before any vote. When a board skips or shortchanges that process, it can be grounds for an owner to challenge the assessment in court.
What boards are now required to do
Previously, digital notice requirements only applied to associations with 150 or more units. Starting January 1, 2026, that obligation extends to any association with 25 or more units, with the exception of timeshare properties. Covered associations must maintain a secure official website or app portal where owners can access required documents.
For non-emergency special assessment meetings, boards must:
Post the notice and meeting agenda on the portal at least 14 days before the meeting. Mailing the notice without posting a digital notice is a statutory violation.
State the specific purpose and estimated cost in the notice. Vague descriptions such as "building repairs" may not meet the legal standard.
Upload a signed affidavit of notice to the portal within 30 days of its creation.
Without a timestamped digital record, the board cannot readily prove it met its legal obligations.
Know where your association stands
Whether you serve on a board or own a unit in a covered building, understanding how these 2026 requirements apply to your association is a worthwhile step. When reviewing your current notice procedures, consult with an experienced legal professional. They can answer any questions specific to your situation.]]>0On Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[What happens when a tenant abandons a rental property in Florida?]]>https://www.naplespropertylaw.com/?p=492722026-04-14T16:25:44Z2026-04-14T16:25:44ZHow Florida law defines abandonment
Under Florida law, a residential dwelling unit is presumed abandoned if three conditions are met:
The tenant is absent for a period equal to one-half of the time for periodic rental payments.
The rent is not current.
The tenant has not provided you with written notice of an intended absence.
For a typical month-to-month lease, this period is 15 days. Because this is a cumulative legal test, you must ensure all three factors exist at once before proceeding with the abandonment process to avoid potential "prohibited practice" litigation.
What landlords must do before re-entering
You may only recover possession through surrender, eviction or legal abandonment. Under the provisions of Florida law, you may now send legally required notices via email if you and the tenant signed a specific written addendum to the lease. If no such agreement exists, you must still use traditional delivery methods like posting or mailing.
What to do with belongings left behind
If a tenant leaves property behind, you must provide a written notice describing the items and identifying where you are holding them. The tenant has 10 days to reclaim items if notified in person, or 15 days if you send the notice by mail.
You must explicitly warn the tenant that paying reasonable storage costs is a condition of retrieving the property. If the items are worth less than $500, you may keep or dispose of them; otherwise, you must put them up for public auction.
Following the process protects you
Skipping these steps can be a costly mistake. If you enter too early or engage in prohibited self-help measures, you could be liable for the tenant's actual damages or three months' rent, whichever is greater.
While these statutory requirements are strict, the framework provides a clear roadmap to regaining control of your property safely and legally. Seeking professional legal guidance can help you verify that your specific circumstances meet the legal definition of abandonment before you take the next step.
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