Are you seeking advice on real estate litigation in Port St. Lucie, Stuart, and the surrounding areas of the Treasure Coast? From title disputes to eviction challenges, this complex field covers a wide spectrum in which several issues may arise. If you think you are having difficulty in one of the following areas, please keep reading to learn more about it. It’s important to contact an experienced Florida real estate litigation attorney as soon as possible so they can begin helping you work out the situation.
Title Disputes
When purchasing real estate, it is important to ensure that you receive (as the buyer) a “free and clear” title, indicating the seller has all legal rights and no one else has any claim on the property. This is crucial as, for instance, a sibling inheritance could pose issues, potentially preventing legal ownership even after purchase. It’s essential to check this out with a real estate attorney early on.
When buying real property, it is highly advisable to conduct a title search and, most importantly, conduct a proper real estate closing. Avoid investing in a property only to discover potential claims by others later. If title issues arise, your real estate litigation attorney can often resolve them through negotiation or mediation. Typically, the current owner can rectify lien disputes or seek co-owner cooperation. If these approaches fail, legal remedies like quiet title actions or litigation may be necessary.
Breach of Contract
Since contracts are frequently complex and ambiguous, real estate disputes frequently involve breach of contract claims. It is crucial to have an experienced real estate attorney to help understand the parties’ agreements and address property issues. Contracts can be difficult for small businesses since they may rely on pre-printed documents that may not address the unique aspects of the sale or property.
Hiring a Florida real estate attorney can save money on expensive courtroom litigation. Even large corporations with in-house legal departments can still face disputes over real estate contracts. Disagreements may arise about clauses, obligations, maintenance, payment, or property readiness. Your attorney may attempt to resolve breach of contract claims through negotiation or mediation, which may be less expensive than a time-consuming trial. In the event that you are unsuccessful, your attorney may be able to represent you in court.
Real Estate Fraud
Real estate fraud can occur when a buyer is misled into believing they were entering into a valid in a real estate transaction. They may have been promised that certain parts of the property were in good condition only to discover that the outbuilding had an outdated grid that cost thousands of dollars to repair, or that the property had pre-existing termite damage that was never disclosed to the buyer.
Alternatively, the seller may have overlooked certain aspects of the property, such as a house that floods every time it rains, despite not being mentioned in the contract. In such cases, it may be necessary to have a Florida real estate litigation attorney review the contract and advise on whether a claim for real estate fraud exists.
Co-Owner Disputes / Partition
In cases of shared property ownership, conflicts often arise regarding management, tenant screening, rent pricing, property sale decisions, or the determination of how the various owners want to use the property. People typically avoid legal action against co-owners and seek other solutions. Negotiations may be necessary to find an agreement that is mutually acceptable. If negotiations fail, litigation becomes an option, allowing a judge to make decisions or force the sale of the property. Consult with a real estate litigation attorney to ensure you are completely informed.
Co-owners employ partition lawsuits when they cannot agree and must sell the property, as is typical in scenarios like siblings inheriting property, couples divorcing, or business partnerships dissolving. The court determines money division based on factors like property upkeep, mortgage payments, and investment contributions.
Contractor Disputes
Contractors may face real estate litigation due to limited financial resources and potential disagreements with larger businesses (especially over payment or work quality). For instance, if a contractor fails to complete a job correctly, it can lead to significant problems for property owners, including costly repairs and potential legal liabilities. In such cases, hiring a professional Florida real estate litigation attorney becomes crucial.
These disputes may result in property liens, affecting future sales. Attorneys can explore alternatives to litigation, such as negotiated settlements or fair compensation for partial work. Our qualified attorneys will carefully assess each particular scenario to find equitable solutions for all parties involved, whether you’re a contractor or property owner.
How Do I Find a Real Estate Litigation Attorney Near Me?
If you need assistance with your Florida real estate litigation or have questions about any potential legal matter, please contact Apfelbaum Law for a consultation. We have offices in Port St. Lucie and Stuart, but we provide legal services throughout the Treasure Coast and Florida.
