REAL ESTATE DISPUTES & LITIGATION
Florida has been a hotbed for real estate disputes. Although foreclosures and foreclosure sales have dominated the news in the recent past, other common disputes that our real estate attorney can handle include:
- Disputes involving seller or buyer obligations/representations
- Landlord / tenant disputes (with a focus on landlord representation)
- Title disputes, which may require a quiet title action or involve slander of title
- Liens and encumbrances
- Easement claims
- Premises liability
- Claims or defenses of a condominium or homeowner’s association
- Defense in FL Department of Environmental Protection (DEP) violation proceedings
Owners of real property may encounter lease disputes with their tenants, easement disputes, or encumbrances or clouds on title. Premises liability and code violations are additional examples of issues a property owner may face. A buyer of real property, for example, may be claiming that the seller failed to disclose a material fact or made misrepresentations. We can also handle deposit claims in connection with property being developed, foreclosures and foreclosure sales, and realtor disputes.
Each real estate litigation matter is unique and requires detailed analysis. For example, the Florida Statutes treat commercial leases differently than residential leases. Does your contract seem to require pre-suit mediation, or arbitration instead of a lawsuit in court? Will you need a judge to declare the rights affecting the property?
Although the term “standard” may be used by some to describe a contract, the fact remains that each transaction involves a different set of facts and circumstances. More often than not, the documentation that does exist is key to a trier of fact. However, that does not mean that all written terms are enforceable or valid. Consider retaining our law firm for your important real estate litigation matter.
Real Estate Litigation
Litigation is to be distinguished from real estate transactions. Before entering into a real estate transaction or closing on one, it is wise to consult a transactional attorney licensed to practice law in Florida. If a dispute arises and it appears that litigation may be necessary, contact our Tampa law firm to discuss your legal needs with an experienced attorney.