Q: Does Florida contract law require a 3-day right of recession? We are a mobile home brokerage.
A buyer is demanding her $1,000 deposit back because she is breaking the contract within her 3-day right of recession she says is FL law. Our contract clearly states how she would lose or be refunded her money. I am not aware of a mandatory 3-day right of recission on a purchase and sale agreement.
A: I'm not an expert on mobile home sales, so just giving some guidance. In Fla., there is no right to rescind ANY contract unless (A) the contract provides the right, or (B) there's a statute that provides that right for that particular type of contract. I've never heard of a statute providing that right for mobile home sales, but cannot be certain without conducting research. There is such a statute for condo unit sales, so it's possible your buyer heard of that and mistakenly thinks it applies to mobile homes. Let's see if another attorney looking at your inquiry knows for sure.
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