Sarasota Real Estate Attorney

Real Estate Issues & Disputes in Florida

Understanding the intricacies of real estate law is crucial for many individuals and companies, from buyers, sellers, owners, landlords, and tenants to others connected to the real estate industry. The stakes are high, as real estate transactions typically involve substantial money and major commitments. Mistakes can lead to significant financial loss or even legal disputes.

Issues arising within the context of both residential and commercial real estate can include:

• Transaction disputes: These arise when parties involved in a real estate transaction - buyer, seller, agent, broker, or lender - disagree on aspects such as contract terms, property value, or disclosures.
• Breach of contract: This occurs when any party fails to fulfill their obligations as agreed in the real estate contract. It could be a seller not disclosing property defects, a buyer failing to execute the payment within the stipulated timeline, etc.
• Foreclosure: Foreclosure refers to the legal process initiated by a lender to recover the balance of a loan from a borrower who has failed to make payments. The lender may sell or seize the borrower’s property as stipulated in the mortgage contract.
• Landlord/Tenant: These disputes could arise over a multitude of issues, including eviction, rent, maintenance, and lease and rental agreement terms. The nature of conflicts varies significantly between residential and commercial properties.
• Easements: Easements grant rights to a party to use another’s property for a specific purpose (for instance, a right of way). Disputes arise when the easement holder allegedly exceeds their rights, or the property owner supposedly interferes with the easement.
• Zoning: Zoning disputes occur when a property owner uses or attempts to use their property in ways not permitted by the local zoning ordinances, such as using a residential property for commercial purposes.
• Partitions: In the case of co-owned properties, a partition dispute arises when one or more owners want to sell the property, but others don’t. The court might order a partition by sale, forcing the sale of the property and dividing the proceeds among the owners.
• Title disputes: These involve issues related to the legal ownership of a property. They can stem from errors in the public record, unknown liens, illegal deeds, missing heirs, forgeries, or disputes over boundary lines.
• Broker liability and commission disputes: These can occur when a real estate broker’s role, responsibilities, or performance is in question or disagreements arise over commission sharing. Broker liability refers to a broker’s legal responsibility for wrongdoing or negligence.
• Mechanics liens, stop notices, and performance bonds: These legal tools ensure that those who provide labor, services, or materials for a construction project are paid. Mechanics liens secure payment by claiming a legal interest in the property, stop notices freeze funds that are yet to be paid to the contractor, and performance bonds ensure project completion according to contract terms.
• Insurance issues and claims: Real estate insurance can cover a variety of situations, from property damage to liability issues. However, understanding your policy, filing claims, and dealing with insurance companies can be daunting.
• Owner, developer, and contractor disputes: These can occur due to delays, cost overruns, quality of work, or other disagreements.