Stright Option agreements in Florida

how does using a stright Option agreement change when using them in florida? According to Thomas J Lucier’s article Real Estate Options Florida considers a Optionee not haveing an Equitable Interest in the property would that mean assigning an Option for a fee in florida to be illegal or just justify an invester to wait till the invester excersize the option to pay the fee but before the closing i.e. keeping me from a position of collecting a fee because of closing (licensed agent or dealer).

Basically I’m thinking as long as I make clear to the seller that the Option may be assigned, spell out in the assignment agreement that the fee would be when and if the Option was exercised by the invester.

But how would not having equitable interest effect me in my ability to file a Memorandum of contract.

Has anyone delt with these issues in Florida?


Please be careful when doing a lease option. They can be dangerous. There are serious pitfalls as judges seem to be putting their collective feet down on them as “disguised sales” and frequently rule that the tenant has an “equitable interest” in your property necessitating a very expensive foreclosure procedure. Click here and go to reply #6 for the full details:;action=display;threadid=12496

Good luck.

Da Wiz