Carlos Cabrera, Jr. v. Lauri Bloom

Summary

The Florida Third District Court of Appeal affirmed a circuit court judgment in a dispute concerning contractual remedies for an uncured title defect in a real estate transaction. The court held per curiam that the buyer's available remedies were governed by the contract, citing authorities addressing summary judgment, contract interpretation, and title-defect provisions.

Holdings

1. The circuit court's summary judgment was properly affirmed because the record did not present a basis for reversal under de novo review.
2. Under the contract's title-defect provision, the buyer's available remedies were to terminate the contract or accept title subject to the existing defects and close without a reduction in the purchase price; the buyer was not entitled to avoid the contractual remedies based solely on the failure to cure the defect.

Questions Presented

1. Whether summary judgment was proper under the de novo standard when the record was evaluated for genuine issues of material fact.
2. Whether the real-estate contract's title-defect provision limited the buyer's remedies to terminating the contract or accepting title subject to existing defects and closing without a reduction in the purchase price.

Disposition

affirmed