¹620.605  Conveyance of real property of the partnership.--

(1)  When title to real property is in the partnership name, any partner may convey title to the property by a conveyance executed in the partnership name; but the partnership may recover the property unless the partner's act binds the partnership under the provisions of s. 620.60(1), or unless the purchaser or the purchaser's assignee is a holder for value without knowledge that the partner has exceeded his or her authority in making the conveyance. When title is held in the partnership name and it is necessary to identify the partners at the time of a conveyance, encumbrance, or other instrument affecting partnership real property, one of the partners may execute an affidavit stating the names of the partners and that they are the partners then existing. The affidavit shall be conclusive as to the facts therein stated as to purchasers without notice.

(2)  When title to real property is in the name of one or more, but not all, of the partners, and the public records do not disclose the right of the partnership, the partners in whose name the title stands may convey title to the property, but the partnership may recover the property if the partners' act does not bind the partnership under the provisions of s. 620.60(1) unless the purchaser or the purchaser's assignee is a holder for value without knowledge that the partners have exceeded their authority in making the conveyance.

(3)  When the title to real property is in the names of all the partners, a conveyance must be executed by all the partners, including the personal representative of a deceased partner.

History.--s. 10, ch. 72-108; s. 159, ch. 73-333; s. 25, ch. 95-242; s. 142, ch. 97-102.