Practice Area

Florida Real Estate Litigation

A great deal of Florida wealth is held in real estate, and a great deal of Florida litigation follows it. We handle these disputes for owners, buyers and sellers, landlords and tenants, and developers, in negotiations, litigation, arbitration, and appeals.

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The disputes we handle

Common questions

The other side breached our purchase contract. Can I force the sale?

Sometimes. Real estate is treated as unique, so specific performance — an order compelling the sale — is available in the right case, instead of damages and return of the deposit. Which remedy fits depends on the contract terms and what you want the outcome to be.

The deal is about to close and there is a dispute. Can it be stopped?

Sometimes, and the window is short. A recorded notice of lis pendens can put the world on notice that title is contested, and injunctive relief can hold a position while the dispute is decided — both demanding, both consequential if wrongly obtained. The party on the other side of one has an equally urgent problem, because a clouded title stops financing.

What is a quiet title action?

A quiet title action asks a court to declare who owns the property and to clear competing claims, liens, or clouds off the title, so ownership is settled and the property can be sold or financed. It is the way of resolving a defective or disputed title.

My neighbor’s fence or driveway is over the line. What are my options?

It depends on what the survey shows, how long the encroachment has been there, and whether anything was ever agreed. You may be able to negotiate an easement or boundary agreement, or you may need to file an action to establish the boundary line and remove the encroachment.

The survey and the legal description do not match. Which controls?

As between a survey and the legal description, probably the latter. A survey is supposed to be based on the legal description. That being said, conflicting evidence of title, including surveys and legal descriptions, is ultimately a matter for the court.

What can I do about a contractor’s lien on my property?

First, check whether the lien complies with the statute — timing and notice requirements are strict, and a defective lien can be challenged on that basis alone. Owners also have procedures to force a lienor to act or to transfer the lien to a bond so a closing can proceed.

Do I have to mediate before suing?

It depends. There may be contractual or statutory pre-suit mediation requirements, either as a condition to suit or as a condition to recovery of attorney’s fees. For example, in order to recover fees in certain disputes involving homeowners’ associations, there are certain pre-suit mediation requirements.

Who pays the attorney’s fees?

Florida follows the so-called American rule, which means that unless there is a contractual or statutory basis to recover attorney’s fees, parties pay their own. Real estate contracts and leases often have attorney’s fees clauses, and statutes can allow for recovery of attorney’s fees in construction lien foreclosures; condominium, HOA, and co-op disputes; eminent domain; and in residential landlord-tenant cases. Entitlement to recover attorney’s fees can dramatically change the economics of a case, and careful consideration is a must.

How long do I have to sue over a property problem?

It depends on the claim. Contract, title, construction defect, disclosure, and boundary claims each run on their own clock, and some start when the harm occurred while others start when it was or should have been discovered. Several also have outside limits that cut off claims regardless of discovery. Because the analysis is claim-specific and fact-specific, do not wait to engage counsel.

The seller did not disclose a problem. Is that actionable?

It can be. Florida imposes disclosure obligations on residential sellers for known defects that materially affect value and are not readily observable, and contracts frequently add their own terms. What was known, what was asked, what was inspected, and what the contract said all matter