- 3 - as we proceed. Our discussion under the heading “Background” is drawn principally from the facts and exhibits stipulated by the parties. Background Petitioner resided in Daytona Beach, Florida, at the time the petition was filed. Petitioner is married to Steven (together, the Van Aernams), and they have been married since December 27, 1979. The Pelican Avenue property (sometimes, the property) is a parcel of real property located in Volusia County, Florida. As relevant to this case, the property was first owned by Sandra L. Archer, who, sometime in 1993, offered the property for sale. Phillip Niles, a real estate broker representing Steven, contacted Ms. Archer and informed her that the Van Aernams were interested in buying the property and building a house upon it. By a document entitled “Contract for Sale and Purchase” (the sale contract), Ms. Archer agreed to sell, and the Van Aernams agreed to buy, the property. The sale contract describes the property as a vacant lot. The sale contract provides that the purchase price (purchase price) is $14,000, $5,000 of which is to be deposited in escrow with a broker (Thomas Archer), and the remaining $9,000 of which is to be paid within 30 days of the contract. Ms. Archer and the Van Aernams executed the sale contract on October 25 and 26, 1993, respectively. The partiesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011