(1) Notwithstanding any other provisions of law and for the purposes of this section:
(a) “Closing” means the finalizing of the sale of property, upon which title to the property is transferred from the seller to the buyer.
(b) “Contract” means an instrument purporting to contain an agreement to purchase real property.
(c) “Property” means a house, condominium, or mobile home that a servicemember intends to purchase to serve as his or her primary residence.
(d) “Servicemember” shall have the same meaning as provided in s. 250.01.
(2) Any servicemember may terminate a contract to purchase property, prior to closing on such property, by providing the seller or mortgagor of the property with a written notice of termination to be effective immediately, if any of the following criteria are met:
(a) The servicemember is required, pursuant to permanent change of station orders received after entering into a contract for the property and prior to closing, to move 35 miles or more from the location of the property;
(b) The servicemember is released from active duty or state active duty after having agreed to purchase the property and prior to closing while serving on active duty or state active duty status, and the property is 35 miles or more from the servicemember’s home of record prior to entering active duty or state active duty;
(c) Prior to closing, the servicemember receives military orders requiring him or her to move into government quarters or the servicemember becomes eligible to live in and opts to move into government quarters; or
(d) Prior to closing, the servicemember receives temporary duty orders, temporary change of station orders, or active duty or state active duty orders to an area 35 miles or more from the location of the property, provided such orders are for a period exceeding 90 days.
(3) The notice to the seller or mortgagor canceling the contract must be accompanied by either a copy of the official military orders or a written verification signed by the servicemember’s commanding officer.
(4) Upon termination of a contract under this section, the seller or mortgagor or his or her agent shall refund any funds provided by the servicemember under the contract within 7 days. The servicemember is not liable for any other fees due to the termination of the contract as provided for in this section.
(5) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances.
History.—s. 19, ch. 2003-72.
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