Common Florida Real Estate Disputes
There are many disputes arising during commercial and residential real estate transactions. Today, disputes are becoming more and more common in deals. Let’s go through the most common disputes you may face in Florida while purchasing real estate. In order to resolve most of them, you will need professional help of a real estate attorney in Florida.
A real estate purchase contract is a signed agreement for the purchase and sale of real property. Usually, contract disputes arise after the agreement is signed by both parties, but before the real estate transaction is completed. There are several different reasons why a contract dispute may arise, including without limitation, the following:
- Financial conflicts
- Failure of a party to perform an obligation under the agreement
- Failure to timely obtain loan approval
- Ambiguities or conflicts within the agreement
A title defect means there is a defect in the condition of title relating to certain real property. Essentially, there is a lien or encumbrance to title, which prohibits an owner of real property from conveying good and marketable title to the owner’s property to a third party. Examples of title defects include, without limitation: public record errors, mechanic’s liens, wild deeds, unpaid debts, and missing heirs. Some of these defects can become quite complicated to resolve, so you may need the help of a Florida real estate dispute attorney.
A boundary dispute is a disagreement about the rights to use land and land ownership. Boundary disputes are among the most common disputes between neighboring property owners. Usually, these types of disputes are common among neighbors who cannot agree on a shared boundary line. Boundary disputes can also become quite complicated and can get quite emotional when you are dealing with a neighbor. Given this, it is recommended that these types of disputes be resolved with the help of a qualified and experienced real estate attorney.
The most common claims that involve boundary disputes involve matters of quiet title, adverse possession, civil trespass, boundary by acquiescence, or declaratory relief.
Failure to Disclose Defects
One of the most common disputes between sellers and buyers is the failure to disclose issues or defects on the property, which are not readily observable at the time that an inspection is conducted on the property. In Florida, sellers have an obligation to disclose any material defects that may not be readily observable to a buyer at the time of inspection of the property. At times, a seller may provide any prospective buyers with a Seller’s Property Disclosure Form, which addresses any defects with the property. If one is not available, an inquiry should be made of the seller as to whether any material defects exist with the property that the prospective buyer should be made aware of. If you purchased a Florida property with defects that were not disclosed, you may have the right to file a claim against the seller for failing to disclose the issue or defect, you should hire a qualified real estate attorney who will help you determine whether you have a claim against the seller.
When purchasing real property, it is important to inquire as to whether anyone else, other than the seller, is in possession of the property. For example, once the property is purchased, will there be a tenant or a squatter that you will need to evict in order to obtain possession of the property? Additionally, you are purchasing the property, subject to the tenants, it is important that you conduct proper due diligence concerning the tenants, such as confirming what lease payments have been made, to date, and whether any past due lease payments are owed, and confirming whether any tenant deposits will need to be transferred at closing. In order to avoid any unexpected surprises such as a holdover tenant or a squatter, it is recommended to work with a real estate lawyer Florida.
Nishad Khan P.L. Florida Real Estate Attorneys That You Can Trust
Are you from Florida and are facing one of the above-mentioned real estate disputes? Then, you definitely need to hire a Florida real estate lawyer, who will be able to help you. The attorneys at Nishad Khan P.L. are qualified and experienced Orlando real estate attorneys.