Polk County’s Real Estate Litigation Attorneys

Real estate litigation in Florida encompasses a wide range of disputes, including issues related to real estate transactions, broker commissions, fiduciary duties, and property ownership. Below, we explore various aspects of real estate litigation, touching briefly on a number of common causes of action.

Real Estate Contract Disputes

Disputes sometimes arise in real estate when one party fails to fulfill their obligations under the terms of the contract. For example, a buyer may fail to secure financing by the agreed-upon date, or a seller may refuse to transfer the property title as stipulated. Misrepresentation is another frequent source of conflict in real estate transactions. This involves false statements or omissions of material facts by one party, which the other party relies upon to their detriment. For instance, a seller might falsely claim that a property is free from structural defects, leading the buyer to proceed with the purchase. If the buyer later discovers the defects, they may file a lawsuit for misrepresentation, seeking rescission of the contract or damages.

Failure to disclose material facts is also a significant issue in real estate contract disputes. Florida law requires sellers to disclose known defects that materially affect the property’s value and are not readily observable. If a seller fails to disclose such defects, the buyer may have grounds for legal action. For example, if a seller knows about a termite infestation but does not disclose it, the buyer can sue for damages or rescind the contract upon discovering the issue.

Property Disputes

Property ownership disputes in Florida often involve issues such as boundary disagreements, title defects, and adverse possession claims. Boundary disputes arise when neighboring property owners disagree on the exact lines dividing their properties. Title defects occur when there are issues with the legal ownership of a property, such as unresolved liens or conflicting claims. Adverse possession claims involve a party asserting ownership over a property by occupying it for a certain period under specific conditions. These disputes can be complex and typically require legal intervention to resolve, often involving detailed examination of property records, surveys, and applicable state laws.

Landlord Tenant Disputes

Disputes involving landlord-tenant relationships in Florida often arise from issues such as lease violations, non-payment of rent, and property maintenance. Lease violations occur when either the landlord or tenant fails to adhere to the terms of the lease agreement. For example, a tenant may sublet the property without the landlord’s consent, or a landlord may enter the property without proper notice. In such cases, the aggrieved party may seek remedies such as lease termination or monetary damages.

Non-payment of rent is another frequent source of conflict. When a tenant fails to pay rent on time, the landlord may initiate eviction proceedings. The tenant may defend against eviction by proving that the landlord failed to maintain the property or violated other lease terms. Indeed, Florida law requires landlords to maintain rental properties in a habitable condition. If a landlord fails to make necessary repairs, tenants may withhold rent or seek legal action to compel repairs.

Broker/Agent Commission Disputes

Disputes over real estate broker commissions in Florida often arise from misunderstandings or disagreements regarding the terms of the brokerage agreement, the broker’s role in the transaction, and the conditions under which commissions are earned and payable. Florida law provides a framework for resolving these disputes, emphasizing the importance of clear agreements and adherence to statutory requirements.

Broker/Agent Fiduciary Duty Disputes

In Florida, real estate brokers owe fiduciary duties to their principals. These include, but are not limited to, loyalty, confidentiality, obedience, full disclosure, and accounting, as well as the duty to use skill, care, and diligence. These duties are fundamental to the broker-principal relationship and are designed to ensure that brokers act in the best interests of their clients, whether they are buyers or sellers of real property. Disputes involving breaches of fiduciary duties by real estate brokers often arise from failures to disclose material facts or conflicts of interest. In one well known case, the broker was found to have breached his duty by not informing the seller of an agreement with the buyer that would have made the broker the exclusive rental agent for the development, which constituted an undisclosed interest in the property.

Homeowner’s Association (HOA) Disputes

Homeowners’ associations (“HOAs”) and property owners frequently engage in litigation. One common area of dispute is the fiduciary duty of HOA board members. Board members are expected to act in the best interests of the community, and breaches of this duty can lead to significant legal consequences. For example, if a board member engages in fraudulent activities or makes decisions that benefit themselves or their associates at the expense of the community, they can be held liable for damages. Such breaches can result in extensive litigation and substantial financial penalties.

Another frequent source of conflict is the enforcement of covenants, conditions, and restrictions (CCRs). HOAs are responsible for maintaining community standards by enforcing these rules, which can cover everything from property maintenance to architectural changes. Disputes often arise when homeowners believe the HOA is either overstepping its authority or failing to enforce the rules consistently. These conflicts can lead to lawsuits where courts must interpret the CCRs and determine whether the HOA has acted within its rights.

Eminent Domain Disputes

Eminent domain litigation in Florida involves the government’s power to take private property for public use, provided that just compensation is given to the property owner. This process is governed by specific statutes and legal procedures to ensure fairness and transparency. Property owners often challenge the necessity of the taking or the amount of compensation offered. Disputes may arise over the valuation of the property, with owners seeking higher compensation based on factors such as market value, potential use, and any damages resulting from the taking. The courts play a crucial role in resolving these disputes, ensuring that property owners receive fair treatment and appropriate compensation.

Mint Law Attorneys Can Help With Your Real Estate Litigation Matter

Real estate litigation in Florida is multifaceted, involving various legal principles and procedural requirements. From broker commission disputes and fiduciary duties to restrictive covenants and statutory protections, the landscape of real estate litigation is shaped by a combination of case law, statutes, and administrative orders. Understanding these elements is essential for navigating the complexities of real estate disputes in Florida.

At Mint Law Firm, we understand the complexities of real estate litigation and the high stakes involved in protecting your property rights. Having served Central Florida since 2003, we have a dedicated team of legal experts that offer personalized, results-driven solutions tailored to meet your specific needs. Whether you’re dealing with contract disputes, landlord-tenant issues, or property ownership conflicts, you can trust us to navigate the legal landscape with skill and integrity. Our commitment to client success, combined with a track record of favorable outcomes, makes Mint Law Firm the trusted choice for all your real estate litigation matters.