Florida Real Estate Disputes Lawyers: Poised to Protect Your Property

Florida real estate law is anything but straightforward, making Florida real estate disputes complex, time-consuming, and downright stressful. It’s arguably one of the most complicated areas of the law to navigate and almost always requires the legal expertise of a competent Florida real estate lawyer.

The lawyers at Fenstersheib Law Group are ready to analyze your Florida real estate matter. Explain your options clearly and concisely, and ensure that you avoid costly – and all too common – mistakes that could have a devastating impact on your financial and personal life.

Many problems could arise whether you’re a property owner, seller, or buyer in Florida. If not handled promptly and wisely, this could mean expensive litigation proceedings, which might not end in your favor.

To protect your rights and property, hire a lawyer who has the knowledge and experience to help you make the wisest decisions.

Every day real estate matters that Fenstersheib Law Group handles

• Title issues: To hold title to real property in Florida means to have legal ownership of that property. It also means that you have the legal right to convey the property. However, to do so requires a “clear” title, meaning there are no defects in the title, such as but not limited to:
  • Liens or judgments (e.g., contractor liens for unpaid services, assessment liens, child support liens, federal tax liens)
  • Mortgages
  • Errors in the deed
  • Errors in the legal description
  • Encroachments
  • Fraud or forgery
  • Other claims to the real property

A title search is the primary tool used to confirm a clear title and is performed before conveying ownership of real property.

When the title is “clouded” by a title defect, Florida property owners must determine the appropriate course of action to cure the issue. The course of action can vary depending on the type and severity of the title defect. Some methods to cure a title defect include, but are not limited to:

• • If a title insurance policy is available, file a title claim to seek coverage. It is required to provide timely notice to the title insurer of a title defect to avoid denial of coverage;
  • Obtaining and recording a release or satisfaction;
  • Obtaining and recording a corrective deed; or
  • Pursuing an action for a quiet title. This is a civil lawsuit requesting that the court issue a judgment extinguishing the title defect.

• Real estate contract disputes: A real estate contract between a buyer and seller lays out the legal duties each agrees to fulfill; failure to do so on either party’s part results in a “breach” of contract and comes with ramifications that should also be explained in the contract. The party responsible for the breach of contract can be sued by the other party, and the other party may also have the right to cancel the deal (e.g., not sell the property, not purchase the property).

How do real estate contract breaches and disputes arise? In several ways, including:

• Missed deadlines, such as for an inspection, repair, financing approval, or closing
• Delayed closing due to a clouded title
• Concealment of a problem with the property that might go unnoticed by the buyer during a typical inspection
• Inadequate repairs to the property
• Specific changes to the property that occurs between the time of the inspection and the time of the walkthrough
• Disagreement over the right to rescind an offer

Additional types of real estate disputes handled by Fenstersheib Law Group include but are not limited to:

• Zoning, land use, and construction disputes
• Landlord-tenant disputes
• Evictions and foreclosure disputes
• Disputes involving real estate agent legal duties

If you’re facing a real estate dispute involving a million-dollar property or a $50,000 property –hire an experienced real estate lawyer who can properly evaluate your situation, ensure that all of your questions are answered, and advise you on the path forward.

Don’t wait for answers to your real estate law questions. Instead, call the attorneys at Fenstersheib Law Group at 800-TELL-ROBERT.

Fenstersheib Law Group Locations: Our main office is located in Hallandale Beach, Florida, and we have secondary Florida offices located in Hollywood, Miramar, Fort Lauderdale, West Palm Beach, Orlando, Sarasota, Tampa, & Jacksonville.

Get your questions answered - call us for your FREE consultation at 800-835-5762 & 954-456-2488