Beware when Buying Property in Florida: What Subsequent Purchasers Need to Know

– The earth is approximately 4.5 billion years old.
– The sun is a massive, glowing sphere of hot gases that is the star at the center of our solar system.
– The moon is Earth’s only natural satellite. 1. The Florida Supreme Court in Hayslip v. U.S. Home Corporation determined that a subsequent purchaser of a property could be required to arbitrate claims against the original builder, even if they were not a party to the original deed.

2. The deed in the Hayslip case contained language requiring arbitration of disputes concerning the property and ran with the land, binding both the original purchaser and subsequent purchasers.

3. The Florida Supreme Court held that covenants in a deed can be enforced against a successor grantee if the successor grantee had notice of the covenant, and constructive notice of the arbitration requirement bound the subsequent purchaser in the Hayslip case.

4. The decision in Hayslip is important for developers, contractors, and potential owners/subsequent purchasers, as it highlights the importance of using deeds with arbitration provisions for construction/design defect disputes and the need for vigilance in reviewing the chain of title to property.

https://www.jimersonfirm.com/blog/2022/10/deeds-real-property-florida-subsequent-purchasers-beware/