Brooksville, FL asked in Real Estate Law for Florida

Q: I have been told by a Real Estate Attorney Practicing in Florida that if a Buyer pays with a Bank Check at Closing,

He will not disperse Commission checks for 7 to 10 days. Its a Cash Sale. Is that legal?

Related Topics:
1 Lawyer Answer
Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: There is nothing "illegal" about it per se. Bank checks are not 100% guaranteed, there has been bank check fraud going around; a wire would show within a few hours/day as cleared. It all depends how long it takes the bank check to clear his account (that could be up to a few business days, especially a big sum), then a check has to get sent to your broker and clear broker's account, and then a check goes to you.

Jennifer Isaksen agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.