Protecting The Rights Of Businesses And Homeowners In Real Estate Transactions
In Florida, most real estate conflicts reach a resolution through arbitration, as this is the clause contained in the majority of real estate contracts. However, if a breach of contract, fraud claim or dispute with a third party should arise, it may lead to litigation.
The Law Offices of Geoffrey D. Ittleman represents both sellers and buyers in residential and commercial property transactions and disputes. We also help property owners challenge insurance claim denials, including those regarding disaster claims. Our Fort Lauderdale real estate litigation lawyer is experienced in arbitration, mediation and litigation, crafting a strategy that leads to efficient real estate dispute resolutions.
Handling Escrow Disputes
During real estate transactions, it is common for the escrow company to hold the buyer’s funds and the seller’s real property deed until the transaction is completed when the money and deed are released. Escrow is in place to ensure that both parties abide by the real estate contract. Liens on the property, conflicting instructions, breach of contract and unclear title can complicate otherwise straightforward transactions. The escrow agent is required to retain the deed and all funds until any disputes are fully resolved.
Our Fort Lauderdale real estate litigation lawyer can review your case, taking swift steps to quickly resolve your escrow dispute, allowing you to take possession of your property or receive the funds through the sale of the property. Most real estate disputes can be resolved through arbitration and mediation to help save valuable time and money. However, if your case requires litigation, our attorneys can act and present your case in court.
Failure To Disclose Material Conditions
Often issues arise when sellers don’t disclosure material conditions or defects in the property, which they are required to do so by law. For example, if the seller has knowledge of a faulty foundation, toxic mold, or faulty wiring, they are required to disclose these items to the buyer. Our team can help determine whether the undisclosed condition is a material defect. We may attempt to release you from any contractual obligations to buy the property, demand that the seller repair the problem or provide you with monetary damages to cover the necessary costs of repairs.
Unpaid Commissions To Agents
Real estate brokers and agents earn commissions on the purchase and sales contracts they handle, negotiate and secure. If a buyer or seller refuses to pay the commission, this can cost the brokerage or agent thousands of dollars in lost income. Brokers and agents are entitled to the commissions they earn at closing, and our team recommends they pursue their claim before any funds are released from escrow.
Florida Real Estate Litigation FAQs
The answers below address situations that frequently arise in Florida real estate litigation.
A disagreement came up before closing. What should I do now?
Some of the most important steps to take include:
- Reviewing the purchase agreement to identify each party’s responsibilities.
- Saving emails, text messages and other records related to the transaction.
- Documenting missed deadlines, inspection issues or disclosure concerns.
- Avoiding informal side agreements that conflict with the written contract.
- Determining whether the contract requires mediation before litigation.
Florida courts generally place significant weight on the language contained in a valid real estate contract. What appears to be a simple disagreement may involve rights and obligations that affect the entire transaction. Taking a measured approach early often helps prevent unnecessary complications as the dispute develops.
If a property dispute ends up in court, how long will the process take?
Unfortunately, there is rarely a simple answer because every dispute follows its own path. Florida courts take property disputes seriously, particularly when ownership rights, contractual obligations or substantial financial interests are involved.
The courts evaluate multiple moving parts, including the complexity of the dispute, the number of active parties involved and the current backlog of local court schedules. If a conflict requires extensive document discovery, expert depositions or contested pretrial motions, the timeline naturally extends.
While a straightforward breach of contract might find a swift resolution, highly contested lawsuits can easily last a year or more before reaching a trial. Therefore, navigating the Florida court system requires patience and a strategic approach tailored to local court behaviors.
Do all real estate disagreements end up before a judge?
No. Many real estate disputes are resolved without a trial. In fact, parties often look for practical solutions before committing to the time and expense associated with courtroom litigation.
Common alternatives may include:
- Direct negotiations between the parties
- Mediation with a neutral third party
- Arbitration if required by contract
- Settlement discussions at various stages of the dispute
Not every case is suitable for an out-of-court resolution, particularly when the parties strongly disagree about their legal rights. Still, many disputes are resolved through focused negotiations that address the underlying issues without requiring a judge to decide the outcome. The right approach often depends on the facts, the contract terms and what each side hopes to achieve.
Know Your Real Estate Rights
The Law Offices of Geoffrey D. Ittleman can help resolve complex real property disputes in South Florida. If you have an issue with your real estate transaction, call our Fort Lauderdale law office at 954-546-7441 or reach out online to arrange a free case evaluation.