In short: Under most Florida purchase contracts, the buyer’s title objection period runs from the date set in the contract, often a number of days after the buyer receives the title commitment and related documents, so proving when those documents arrived can decide the case. In ATS Residential, LLC v. Arthur Investments, LLC, a Brevard County buyer raised deed-restriction objections in August and terminated the contract, and the seller won summary judgment arguing the objections came too late. The Fifth District affirmed on June 23, 2020, without a written opinion.
The Facts
ATS Residential, LLC contracted to buy land from Arthur Investments, LLC. Paragraph 2.01 of the contract, which Arthur says ATS drafted, gave the buyer 20 days after receipt of the last of the survey, the title commitment and the title documents to notify the seller in writing of title objections. The seller argued the contract also required the buyer to obtain those documents within 20 days of the effective date.
In an August letter, ATS objected to developer and deed restrictions on the use of the property, and it later terminated the contract. Arthur sued, claiming the termination was a breach, and the trial court entered summary judgment for Arthur. ATS appealed (No. 5D2019-2121). Marjorie Gadarian Graham argued for ATS and James P. Beadle for Arthur. The points below are what the lawyers argued, not findings by the court.
- ATS argued Arthur, as the party moving for summary judgment, had to prove the objections were untimely, and its own papers gave three different dates for receipt of the title commitment: June 1, June 17 and July 1.
- ATS argued the 20 days ran from receipt of the last title document, and its trial counsel told the court that was August 9. Statements by lawyers at a hearing are not evidence, ATS said, so Arthur’s dates did not settle anything either.
- The panel noted ATS’s own trial counsel had said the commitment arrived in June, that the “last document” theory appeared clearly only in the motion for rehearing, and that no affidavit stated when the last document came in. ATS’s attorney affidavit said only that the objections were timely.
- Arthur argued timeliness was never pleaded, that the contract obligated ATS to obtain the commitment and documents within 20 days, and that under any of the dates the August objection was too late. If ATS could not get the documents on time, Arthur said, it had to say so.
- The panel pressed Arthur on whether the contract actually tied the objection period to that first 20-day window, and Arthur’s counsel agreed the clause did not say so in terms.
The Decision
The Fifth District affirmed on June 23, 2020. The ACIS docket lists the disposition as “Per Curiam Affirmed,” with no written opinion, and the mandate issued July 13, 2020.
Because there is no opinion, the affirmance does not say whether the court found the objections late, found the “last document” argument unpreserved, or rested on something else. It means the summary judgment for the seller stands. It is not a ruling on how every title objection clause works.
The Law
Title objection deadlines come from the contract, not a statute. Courts read the words the parties used. Here both sides agreed the clause ran from the buyer’s receipt of the last of the listed documents; they disagreed over what the record showed about receipt and who had to prove it.
The case was decided under the summary judgment rule, rule 1.510. Under the version that applied in 2019 and 2020, the moving party had to show conclusively that there was no genuine issue of material fact, which is why ATS put so much weight on Arthur’s burden. Current law (2026): effective May 1, 2021, the Florida Supreme Court amended rule 1.510 to adopt the federal standard. Today the party opposing summary judgment must point to record evidence, such as an affidavit stating when the last document arrived, that would let a reasonable jury find for it.
Arthur also argued that untimeliness was a matter ATS needed to plead. Affirmative defenses must be set out in the answer under rule 1.110(d), and an issue first raised at a summary judgment hearing or on rehearing is often treated as unpreserved for appeal.
Lessons
- Write objection deadlines that run from fixed dates, or require written confirmation of when each document was delivered. “Within 20 days after receipt” invites a fight about receipt.
- Keep proof of when the commitment, exception documents and survey arrived. The buyer here had a lawyer’s say-so at a hearing, not an affidavit with dates.
- Raise every theory in the written summary judgment response. An argument first made clearly on rehearing may not be preserved.
- Under the current summary judgment rule, the opposing party has to come forward with evidence, so a missing affidavit matters even more today.
- A per curiam affirmance decides only this deal. It is not a rule that a buyer’s objection clock starts on the contract’s effective date.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel in two uploads of the same argument. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
🏗️ | Buyer's Title Objections Timely? — 20-Day Contract Deadline Dispute in Real Estate Deal
🏛️ | Real Estate Purchase Collapsed — When Did the 20-Day Title Objection Clock Start Ticking?
Read the Law on FloridaRules.net
The statutes and court rules discussed in this article, free to read on FloridaRules.net:
Go Deeper
- Closing Date Passed, but Was It Extended? Buyer's Case Revived (Stav Software v. Lederman)
- A $10 Million Land Deal That Never Closed: Buyer Loses on Appeal (Pine Grove v. Robert Diesel)
- Forged Financing Addendum: Who Loses the $144,000 Deposit? (Hubbell v. HH Condominium)
Frequently Asked Questions
How long do I have to object to title when buying property in Florida?
As long as your contract says. Many contracts give the buyer a set number of days after receiving the title commitment and related documents. In ATS Residential the clause gave 20 days after receipt of the last of the survey, commitment and title documents.
What happens if a buyer misses the title objection deadline?
Under many contracts, exceptions not objected to on time become permitted exceptions, and the buyer must take title subject to them. A buyer who then refuses to close or terminates can be in breach. That was the seller’s position in ATS Residential, and the summary judgment for the seller was affirmed.
Can a buyer back out of a real estate contract because of deed restrictions?
Only if the contract allows it, usually through a timely title objection that the seller does not cure. The objection has to follow the contract’s notice and timing rules. ATS objected to deed restrictions, but the seller argued the objection came too late.
Who has to prove the title objection was late in a summary judgment?
The moving party has the initial burden, but under the current version of rule 1.510 the other side must then point to evidence creating a real dispute. A lawyer’s statement at a hearing is not evidence. In ATS Residential, the buyer had no affidavit stating when the last title document arrived.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate disputes, title problems and appeals from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
