Real estate litigation in Florida refers to disputes or legal challenges that arise during the buying, selling, or owning of property in the state. These said conflicts might vary from contract disputes between buyers and sellers to landlord-tenant disputes to even zoning and land use conflicts.
Contract disputes are a common occurrence when it comes to real estate litigation in Florida. When a buyer and seller disagree on the parameters of a real estate contract, such as the purchase price or closing date, these conflicts can arise. In this case, both parties have legal options or recourse, such as specific performance or breach of contract.
Specific Performance
Specific performance is a legal remedy that is available in real estate law when one party, involved in a contract, fails to fulfill their contractual duties. It is a court order that entails the party that has failed to complete their contractual commitments. Specific performance is more commonly used in real estate law when a buyer and seller enter into a contract for the sale of real estate and the seller fails to hand over the property to the buyer as required by the contract.
In this instance, the buyer can seek specific performance as a remedy, which requires the seller to transfer the property to the buyer in compliance with the terms of the contract. Specific performance is considered to be an equitable remedy, which means that it is based on impartiality. In some cases, it might not always be granted by a court, and is typically used when monetary damages are inadequate. In evaluating whether to grant specific performance, a court may examine criterias such as the property's uniqueness, the parties' reliance on the contract, and if there is any proof of fraud or bad faith.
Landlords & Tenants
Disputes between landlords and tenants are also common in Florida and may arise for a variety of reasons. These disputes can involve rent payments, property damage, and eviction. Both landlords and tenants must understand their rights and duties under Florida law. Landlords, for example, are legally required to keep the rental property in good condition and to promptly perform essential repairs. The landlord must guarantee that the property is habitable, which implies that the plumbing, hot water, heating, and air conditioning are all operational. Tenants, on the other hand, are obligated to pay rent on time and keep the property in good shape. A court may be required to intervene to mediate a disagreement between a landlord and a tenant.
It is crucial that the parties involved in real estate litigation carefully understand their legal rights and duties, and that they employ skilled attorneys who are proficient with the distinctive laws and regulations that correspond to real estate in Florida.
Solomon Cooperman Recondo & Weiss
For more than two decades, Solomon Cooperman Recondo & Weiss, a boutique law firm, has been committed to servicing the legal requirements of clients throughout Florida. With a focus on real estate, development, banking, litigation, and transactions, our skilled attorneys have successfully represented hundreds of clients, with a focus on real estate disputes. We understand the complexity of real estate law and can assist you resolve your conflicts. Our adept legal team is committed to offering practical and effective legal solutions to our clients, whether they are dealing with complex real estate transactions, the formation of HOAs and condos, litigation, or other legal obstacles. With expertise in defending clients in state and federal courts, as well as arbitrations and mediations, our exceptional service is widely recognized within the industry. Rest assured, we are dedicated to achieving exceptional results for all of our clients.
If you are involved in a real estate dispute, we can help you navigate the legal system and protect your rights. Consult with us today, to review your case and provide the assistance and help you require to resolve your dispute.