696.01 Contracts for sale of realty must be acknowledged in order to be recorded.—No contract, agreement, or other instrument purporting to contain an agreement to purchase or sell real estate shall be recorded in the public records of any county in the state, unless such contract, agreement or other instrument is acknowledged by the vendor in the manner provided by law for the acknowledgment of deeds; and where there is no acknowledgment on the part of the vendor, the recording officers in the various counties of this state shall refuse to accept such instrument for record.
Cited 2 times | Published | Florida 1st District Court of Appeal
...Appellant Floyd Coggins' recorded affidavit, reciting the existence of agreements by others to convey to him the land here contested, was not an instrument entitled to recordation as constructive notice to other potential buyers because the instrument contained no sworn acknowledgment of the vendors. Section 696.01, Florida Statutes (1977)....
...Thus, the trial court appears to have concluded that, subsequent to foreclosure judgment, the Gaglianos could not have conveyed a lease superior to the Barzanos’ rights in the property. Alternatively, the court appears to have reasoned that the Barzanos subsequent quitclaim title took priority over the lease under section 696.01, because the lease was not recorded....
...We affirm on the appeal, but reverse in part on the cross-appeal. Appellant's counterclaim for slander of title was predicated on appellee's recording of an unacknowledged copy of the contract after the originally scheduled closing did not take place. Because Section 696.01, Florida Statutes (1981), requires that such a contract be acknowledged by the vendor, the contract was not entitled to be recorded....
Your question is answered in the negative. Section 696.01, F.S., provides: No contract, agreement, or
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