Bona Fide Purchasers in Florida
A bona fide purchaser (BFP) is a buyer who acquires Florida property in good faith, for value, and without notice of prior claims. BFP status provides powerful protection against unrecorded interests under Florida's recording statutes.
Protection Provided
Florida's recording act protects BFPs who record their conveyance against prior unrecorded deeds, liens, and equitable claims. A BFP who records first takes priority even over a party who received a prior conveyance but failed to record. This system rewards diligent recording and protects buyers who rely on the official records and title searches.
Notice Requirements
To qualify as a BFP, the Florida buyer must lack actual notice, constructive notice (from the public records), and inquiry notice (from visible facts suggesting a competing interest). A buyer who sees someone other than the seller occupying the property has inquiry notice and must investigate, or risk losing BFP protection.
Related Terms
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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC