{"id":8523,"date":"2026-11-07T05:27:33","date_gmt":"2026-11-07T05:27:33","guid":{"rendered":"https:\/\/www.lawayala.com\/resources\/resources-real-estate-litigation\/reform-commercial-deed-drafting-mistake-florida\/"},"modified":"2026-11-07T05:45:26","modified_gmt":"2026-11-07T05:45:26","slug":"reform-commercial-deed-drafting-mistake-florida","status":"publish","type":"page","link":"https:\/\/www.lawayala.com\/resources\/resources-real-estate-litigation\/reform-commercial-deed-drafting-mistake-florida\/","title":{"rendered":"Reform Commercial Deed Florida After a Mistake"},"content":{"rendered":"\n
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Business Real Estate Litigation | Florida<\/p>

When a Commercial Deed Doesn't Say What You Agreed To<\/h1>

Ayala Law PA helps businesses in Tampa, Brandon, Riverview, Plant City, Temple Terrace and across Hillsborough County address deed errors, including requests for a Florida court to reform a recorded commercial deed to match the parties' actual agreement.<\/p>

Call (305) 570-2208 or Book a Case Evaluation<\/a><\/div>
Call (305) 570-2208 or Book a Case Evaluation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Eduardo A. Maura \u00b7 Published November 7, 2026<\/p>\n\n

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A Florida court can reform a commercial deed after a drafting mistake when the written deed does not match what the parties agreed to. Reformation is a court order that corrects the document itself. Florida courts can reform a written instrument when a mutual mistake keeps it from accurately expressing the parties’ true agreement (Tobin v. Michigan Mutual Insurance Co.<\/a>). This page explains the grounds, the proof, how recorded title changes the picture, and the first steps. Eduardo A. Maura is the responsible lawyer for this page.<\/p>\n

What Reforming a Commercial Deed in Florida Means<\/h2>\n

Reformation is a court order that rewrites a deed so it says what the parties meant. The judge corrects the written record. The judge does not create a new deal.<\/p>\n

Re-recording a corrected deed is different. If the other side refuses, or a third party objects, you need a court to decide the question. That is when the matter becomes a real estate litigation case.<\/p>\n

A deed controls recorded title. Once it is recorded, the error can affect who owns the property, who can sell it, and what a lender or title insurer relies on. Florida’s conveyance statute sets the signing rules for any instrument that creates, transfers, or releases an estate of freehold or a term of more than 1 year in land, though no subscribing witnesses are required for a lease of real property (Fla. Stat. \u00a7 689.01<\/a>). Fla. Stat. \u00a7 689.01<\/a> reads: “unless by will and testament, or other testamentary appointment, duly made according to law; and no estate or interest, either of freehold, or of term of more than 1 year, or any uncertain interest of, in, to, or out of any messuages, lands, tenements, or hereditaments, shall be assigned or surrendered unless it be by instrument signed in the presence of two subscribing witnesses by the party so assigning or surrendering, or by the party\u2019s lawfully authorized agent, or by the act and operation of law; provided, however, that no subscribing witnesses shall be required for a lease of real property or any such instrument pertaining to a lease of real property.” A corrective deed that transfers an interest has to follow those same rules.<\/p>\n\n

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If your recorded commercial deed has a wrong description, grantee name or missing parcel, our team can talk through what that means for your property. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.<\/p>

Schedule a consultation<\/a><\/div>
Schedule a consultation<\/a><\/div><\/div>\n<\/div>\n

Grounds for Reformation: Mutual Mistake and Scrivener’s Errors<\/h2>\n

A court can reform a deed for a mutual mistake. A mistake is mutual when the parties agree to one thing, but the written document says something different. That happens through a scrivener’s error (a drafting or typing slip) or inadvertence (Waterside at Boynton<\/a>). This is the most common ground in deed cases.<\/p>\n

Rescission for a mutual mistake of fact requires a fact that goes to the essence of the contract. A mistake about a non-essential term, or a mistake made by only one side, won’t support rescission on that theory (Waterside at Boynton<\/a>). Reformation fixes the words. It doesn’t rewrite the whole bargain.<\/p>\n

A one-sided mistake follows a different path. Florida law allows rescission for a unilateral mistake in limited circumstances (DePrince v. Starboard Cruise Services<\/a>). Rescission undoes the contract, which may not be what an owner wants.<\/p>\n

Fraud can also come into play. Under Florida’s rule for fraud actions, the time runs from when the facts were discovered, or should have been discovered with due diligence. In any event, the action must begin within 12 years after the fraud (Fla. Stat. \u00a7 95.031<\/a>).<\/p>\n

Proof usually comes from the paper trail. That includes the signed contract, drafts, emails, closing statements and the survey. Gather these early.<\/p>\n

Common Drafting Errors in Commercial Deeds<\/h2>\n

Most deed errors fall into a few groups. Each one can change who owns what.<\/p>\n