Florida storm threat puts transactions on watch
A state of emergency is in effect for 25 Florida counties as a tropical system approaches, prompting agents to review deadlines, closings and other transaction details.
Tropical Storm Isaias is strengthening in the Gulf, and parts of Florida could feel the effects later this week. For real estate professionals, that means it may be time to look beyond the forecast and take a closer look at active transactions.
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Gov. Ron DeSantis has declared a state of emergency for 25 counties across the Panhandle, Big Bend and North Florida. The National Hurricane Center said Wednesday that Isaias is expected to strengthen rapidly over the next couple of days, with the system forecast to become a hurricane before approaching the northern Gulf Coast.
A storm does not automatically change contract deadlines. But when a hurricane prevents a buyer or seller from performing an obligation, Florida real estate contracts may contain provisions that address what happens next.
The Florida Realtors®/Florida Bar “AS IS” Residential Contract for Sale and Purchase, for example, includes a force majeure provision covering hurricanes, floods, extreme weather and certain other events. If force majeure prevents performance, applicable time periods, including the closing date, may be extended for a reasonable period of up to seven days after the event no longer prevents performance.
The Florida Realtors Legal Hotline is available to answer questions over the phone and online. Florida Realtors also has hurricane resources to help members prepare and respond.
With a storm approaching, agents can also take a practical look at what is coming up in each transaction:
- Review approaching contract dates, inspections, appraisals, walk-throughs and closings.
- Check with lenders, closing agents, inspectors and appraisers about possible schedule changes.
- Encourage buyers to stay in contact with their insurance professionals about coverage and timing.
- Confirm plans for accessing listings, particularly if a property is in an area that could be affected.
- Keep buyers and sellers updated if weather begins disrupting services needed to complete the transaction.
The contract also addresses property access after a hurricane and what can happen if the property sustains casualty damage before closing.
The biggest takeaway: Don’t assume a storm automatically pauses a deal. Check the contract, communicate early and seek legal guidance when questions arise.
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