Force Majeure: The "Acts of God" Clause Every Broward Seller Needs to Know

In South Florida, we don’t just deal with market shifts; we deal with Mother Nature. As we navigate the 2026 hurricane season, one clause in the Florida FAR/BAR "As-Is" Contract has become more important than ever: Force Majeure. Pronounced fors-ma-zhoor, this French term translates to "superior force." In real estate, it’s your legal safety net when an unforeseeable, catastrophic event—like a hurricane, flood, or even a sudden government mandate—prevents the deal from moving forward.

Here is what Force Majeure means for your Broward County property and how it protects your equity when the unexpected happens.

1. What Qualifies as Force Majeure in 2026?

Under the current Florida contract standards, Force Majeure isn't a "catch-all" excuse for a change of heart. It is strictly defined as an event that cannot be prevented or overcome by "reasonable diligent effort."

Common triggers in South Florida include

• Hurricanes & Tropical Storms
• Extreme Weather/Flooding: Essential if the property becomes inaccessible
• Acts of Terrorism or War: Broad protections for national emergencies.
• Governmental Mandates: Including evacuations or office shutdowns that prevent the company from closing.
  
  

Note: In 2026, "Market Volatility" or "High Insurance Premiums" are not Force Majeure events. Fear is not a legal excuse; impossibility is.

2. The Impact on Your Deadlines

When Force Majeure is invoked, the contract doesn't necessarily die—it pauses.

• Automatic Extensions: All time periods, including the Inspection Period, Financing Period, and Closing Date, are extended for as long as the Force Majeure prevents performance.
• The "7-Day" Rule: Once the event is over (e.g., the power is back on in Coral Springs or the evacuation order is lifted in Fort Lauderdale Beach), the parties usually have up to 7 days to resume performance and head to closing.
• The 30-Day "Out": If the Force Majeure continues to prevent closing for more than 30 days beyond the original closing date, either the buyer or the seller may terminate the contract, and the deposit is returned to the buyer.
  
  

3. Force Majeure vs. Risk of Loss

This is a critical distinction for 2026. While Force Majeure handles the timing of the contract, the "Risk of Loss" clause handles the damage.

• If a hurricane hits while you are under contract, Force Majeure extends your closing date.
• However, if the storm causes damage exceeding 1.5% of the purchase price, the buyer may have the right to cancel the contract entirely or take a credit

FAQ: Staying Protected in Broward

Q: Can a buyer cancel if a hurricane is approaching?

A: Not necessarily. Force Majeure usually requires an actual disruption of services (like the inability to get insurance "binding" or the closing agent being closed). Simply being in the "cone of uncertainty" isn't always enough to trigger the clause.

 
Q: What is "Insurance Binding" and how does it relate to Force Majeure?

A: In 2026, when a storm enters the "box" in the Atlantic, insurance companies stop issuing new policies. This is a common Force Majeure trigger because "availability of insurance" is essential for a buyer’s mortgage approval.

 
Q: Should I move my closing date if a storm is coming?

A: We always recommend proactive communication. At CMV Realty, we monitor the National Hurricane Center constantly during hurricane season (June 1 through November 30)  and coordinate with lenders & title companies to ensure your closing happens safely before a storm or is legally extended using the proper Force Majeure notice.

Force Majeure is a legal shield, but it must be invoked correctly with written notice. In a high-stakes market like Weston or Parkland, missing a deadline during a storm could put your escrow deposit at risk. We provide expert guidance to ensure your contract remains "in force" even when the weather isn't cooperating.
Worried about your closing timeline during hurricane season? Please contact us for more information or assistance.