You Had One Job, Scrivener! But Don't Panic, Florida Law Might Save Your Bacon (and the Deed)
So, you're basking in the sunshine state, palm trees swaying gently, and life is good. You finally bought that beach bungalow you've been dreaming of, only to discover a wrinkle in your deed that could make even the most seasoned sunbather sweat. A scrivener's error? Don't worry, this isn't a deep-sea creature with a taste for paperwork. Let's untangle this legal mishap, Florida style!
What's a Scrivener's Error, Anyway?
Imagine a scrivener, basically a fancy term for someone who writes legal documents back in the day (think quill pens and inkwells). Now, picture them making a minor mistake in the legal description of your property on the deed. Maybe they typed "East" instead of "West," or accidentally wrote "Lot 12" when it should be "Lot 13." These little slip-ups are called scrivener's errors.
But here's the good news: Florida law recognizes that even the most meticulous scrivener can have a brain freeze. They've got a whole statute (chapter 689.041, for the law nerds out there) dedicated to this situation.
Not All Errors Are Created Equal: The Scrivener's Error Hall of Fame (or Shame?)
Florida only throws a lifeline to specific scrivener's errors. Think of it as a scrivener's error hall of fame (or shame, depending on how you look at it). To qualify for legal forgiveness, the mistake needs to be:
- A single goof: No confetti cannons of typos here. Just one mistake, like a missing number or a flipped direction.
- In the legal description: This isn't about misspelling the seller's middle name. The error has to be in the part that describes the exact location of your property.
- Relatively minor: Don't accidentally swap your entire beachfront property with a swamp across the street!
Here are some examples of qualifying scrivener's errors:
- Missing a unit number: You snagged condo Unit 7B, but the deed says 7A.
- Mistyped direction: The deed says your backyard faces east, but you're pretty sure it's west (sunsets are important!).
- Wrong lot number: Looks like the scrivener got their L's crossed – the deed says Lot 12, but the survey clearly shows Lot 13.
So, My Deed Has a Scrivener's Error. Now What?
Breathe easy, sunshine seeker! Florida law says the deed can still transfer ownership of the intended property, even with the error. But here's the catch: you might need to jump through a few hoops to clear the title.
- Curative Notice: This is like a legal "mea culpa" you file with the court to explain the error and clarify the intended property.
- Corrective Deed: In some cases, you might need a whole new deed with the correct description.
Important Note: This is where consulting a real estate attorney becomes your best friend. They can navigate the legalese and ensure your slice of paradise stays yours.
FAQ: Scrivener's Error Edition
How to know if my deed has a scrivener's error?
Compare the legal description in your deed with a survey of the property. If there's a minor discrepancy, it might be a scrivener's error.
How to fix a scrivener's error in my deed?
Consult a real estate attorney. Depending on the situation, they might recommend filing a curative notice or obtaining a corrective deed.
How much does it cost to fix a scrivener's error?
Costs can vary depending on the complexity of the error and the attorney's fees.
How long does it take to fix a scrivener's error?
The timeline can depend on the court processing time and the complexity of the case.
Can I fix a scrivener's error myself?
While Florida law provides some leeway, it's highly recommended to involve a real estate attorney for a smooth and legally sound resolution.
