|
|||
| 1 | A bill to be entitled | ||
| 2 | An act relating to the sale of homestead property; | ||
| 3 | creating s. 689.261, F.S.; requiring a seller to give | ||
| 4 | notice to the prospective purchaser of homestead property | ||
| 5 | concerning ad valorem taxes on the property; specifying | ||
| 6 | the form of notice; providing for the right of the | ||
| 7 | purchaser to void the contract for sale under certain | ||
| 8 | circumstances; providing an effective date. | ||
| 9 | |||
| 10 | Be It Enacted by the Legislature of the State of Florida: | ||
| 11 | |||
| 12 | Section 1. Section 689.261, Florida Statutes, is created | ||
| 13 | to read: | ||
| 14 | 689.261 Sale of homestead property; disclosure of ad | ||
| 15 | valorem taxes to prospective purchaser.-- | ||
| 16 | (1) A prospective purchaser of homestead property must be | ||
| 17 | presented a disclosure summary before executing the contract for | ||
| 18 | sale. The disclosure summary must be in a form substantially | ||
| 19 | similar to the following: | ||
| 20 | |||
| 21 | AD VALOREM TAX DISCLOSURE SUMMARY | ||
| 22 | |||
| 23 | 1. THE AD VALOREM TAXES ON THE PROPERTY FOR THE YEAR | ||
| 24 | SUBSEQUENT TO THE PURCHASE MAY BE IN EXCESS OF THE AD VALOREM | ||
| 25 | TAXES ASSESSED AT THE TIME OF SALE. | ||
| 26 | 2. THE AD VALOREM TAXES ARE REQUIRED TO BE ASSESSED AT | ||
| 27 | JUST VALUE ON THE PROPERTY IN THE YEAR FOLLOWING A SALE IF A | ||
| 28 | CHANGE OF OWNERSHIP AS DEFINED IN SECTION 193.155(3), FLORIDA | ||
| 29 | STATUTES, HAS OCCURRED. | ||
| 30 | 3. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION AND AD | ||
| 31 | VALOREM TAXES, PLEASE CONTACT YOUR COUNTY PROPERTY APPRAISER OR | ||
| 32 | TAX COLLECTOR. | ||
| 33 | |||
| 34 | (2) The disclosure must be provided by the seller. Any | ||
| 35 | contract for sale must refer to and incorporate the disclosure | ||
| 36 | summary and must include, in prominent language, a statement | ||
| 37 | that the potential purchaser should not execute the contract | ||
| 38 | until he or she has received and read the disclosure summary | ||
| 39 | required by this section. If the disclosure summary required by | ||
| 40 | this section has not been provided to the prospective purchaser | ||
| 41 | before executing the contract for sale, the contract is voidable | ||
| 42 | by the purchaser by delivering to the seller or the seller's | ||
| 43 | agent written notice of the purchaser's intention to cancel | ||
| 44 | either within 3 days after receipt of the disclosure summary or | ||
| 45 | 3 days prior to closing, whichever occurs first. The right of | ||
| 46 | the purchaser to void the contract for sale terminates at | ||
| 47 | closing. | ||
| 48 | Section 2. This act shall take effect July 1, 2004. | ||