Florida Real Estate Disputes And The Lawyer To Handle Them

Common Florida Conflicts And How We Can Help You Resolve Them

Real estate disputes can quickly turn a dream property acquisition or investment into a legal and financial nightmare. The key to avoiding the worst is to be aware of possible conflicts, head them off quickly, and work with a skilled real estate lawyer to pursue effective and efficient solutions if they do arise.

What Are The Most Common Types Of Real Estate Disputes?

A real estate dispute is any legal conflict involving property; you don’t even have to be the owner to be involved in one. These disputes usually arise around contracts, sales, or rental agreements; whenever one or both parties are failing to live up to their end of the deal or obligation, a conflict is likely to arise.

Some common examples of real estate disputes that are likely to escalate in areas like Coral Gables, Florida, include:

Breach of Contract occurs when any party fails to meet the obligations they agreed to.
Title Conflicts can arise when ownership is in question or existing liens or encumbrances are discovered.
Transaction Disclosure Issues happen when someone is deliberately or accidentally dishonest.
Boundary Disputes emerge out of disagreements over property areas or encroaching border use.

No two disputes are identical, and yours may fall outside any of these categories. The most important step you can take if tensions do arise is to contact an experienced real estate lawyer as soon as possible.

Can A Real Estate Attorney Stop A Fraudulent Sale?

There are many steps a cautious real estate attorney can take to prevent you from making a costly real estate mistake. From title verification to accompanying home inspectors, a real estate attorney knows what to look for to avoid many common risks, not just fraud.

By having a real estate attorney review your sale agreement, contracts, and title, you protect yourself against many forms of fraud by the other parties involved. However, if you proceed without an attorney and do not consult with one before buying or selling, there is very little an attorney can do to undo the sale.

That said, if evidence can be found of illegal activity or fraud, a lawsuit may help you recover some or all of your losses.

How Are Boundary Disputes Handled Under Florida Law?

Disputes over property lines and terrain can be some of the most common and frustrating conflicts in Florida. From suburban fence disputes in areas like Coral Gables to mineral exploitation rights under large-scale properties, they can emerge suddenly or evolve over years with regular encroachment.

You have to be extra careful with boundary disputes over time, as after 7 years or so of use, someone can rightfully claim ownership of land under Florida’s adverse possession laws if no legal action has been taken against them during that time.

Fortunately, however, most property disputes can be resolved by referring back to the initial titles, surveys and land use agreements. Occasionally, negotiations may be required, but court action is rare.

What Legal Options Do I Have In Landlord-Tenant Conflicts?

Both tenants and landlords have obligations toward one another in any kind of property renting situation. When these obligations are not fulfilled, or relations break down and conflict bubbles over for some other reason, it is easy for them to escalate. Perhaps because of that, folks in communities like Coral Gables may be afraid to involve a lawyer.

This is often a mistake, however. A lawyer will be able to tackle the problem at its root, and quickly and efficiently seek out a solution that, in the vast majority of cases, both you and your tenant or landlord can agree to. Trying to negotiate without a lawyer is always possible, but it can more easily lead to an escalation, greater tensions, or worse, a mistake or imperfect solution that just causes more problems further down the road.

In the rare cases where a tenant or landlord cannot be reasoned with, then and only then will a lawyer get a court clerk or judge involved. Depending on the nature of the dispute, and the legal solutions required, whether that is an eviction, injunction or claim for damages.

Is litigation Inevitable In Florida Real Estate Disputes?

If there is one thing you should never forget when facing a real estate conflict in Florida, it is that a lawsuit is rarely required. Litigation is expensive, and it is only natural to wish to avoid it, which is why both sides will generally rather make a deal than face the time and expense of going to court.

That said, as a property buyer, renter, owner, seller or even contractor, you do have rights. If the other side is unwilling to acknowledge them or tries to get away with dangerous or illegal behavior, litigation can be the ultimate tool for enforcing your rights.

In either case, a real estate lawyer is your best ally. We can handle tense and private negotiations discreetly, while also knowing when court intervention and litigation are required. To get our team on your side and set yourself up for smooth sailing through even the trickiest of real estate disputes, call (305) 488-5721 or reach out online to secure a free consultation.