A Fort Lauderdale real estate litigation lawyer is the attorney you call when a property dispute cannot be resolved any other way. Deals fall apart. Sellers lie about defects. Buyers refuse to close. Neighbors encroach on your land. HOAs overstep their authority. Contractors lien your property for work they didn’t finish. When any of these situations move past the point of negotiation, a Fort Lauderdale real estate litigation lawyer takes your case into Broward County Circuit Court and fights for the outcome you are legally owed.
Joseph Hughes is a real estate litigation lawyer in Fort Lauderdale who handles property disputes for buyers, sellers, landlords, tenants, investors, and business owners throughout South Florida. Hughes Real Estate Law is a litigation-focused practice. When your case needs to go to court, Joseph Hughes goes with you — personally, directly, without delegation.
This page covers the types of cases a Fort Lauderdale real estate litigation lawyer handles, what the litigation process looks like in Florida, and what you can realistically expect when your property dispute reaches the courthouse. All content is grounded in actual Florida statutes and Broward County Circuit Court practice.
Real Estate Litigation Cases Joseph Hughes Handles
| Case Type | What It Involves |
|---|---|
| Breach of Contract | Buyer or seller fails to perform — deposit disputes, specific performance, and damages |
| Quiet Title | Clearing disputed or clouded property ownership through court judgment |
| Partition Action | Forcing the sale or division of property co-owned by parties who disagree |
| Boundary & Encroachment | Property line disputes, trespass, easement violations, adverse possession |
| HOA & Condo Disputes | Special assessments, rule enforcement, board election fraud, governing document violations |
| Landlord-Tenant Litigation | Wrongful eviction, security deposit disputes, lease violations, habitability claims |
| Construction Defects & Liens | Defective work claims, unlicensed contractor fraud, mechanic’s lien removal |
| Real Estate Fraud | Seller misrepresentation, undisclosed defects, title fraud, appraisal fraud |
Breach of Contract: When a Deal Falls Apart in Florida
Breach of real estate contract is the most frequent reason clients contact a Fort Lauderdale real estate litigation lawyer. A breach happens when one party fails to perform under a signed purchase or sale agreement — a buyer who refuses to close, a seller who backs out after accepting an offer, or either party who misses a material deadline.
Florida law gives the non-breaching party two primary remedies. Specific performance is a court order compelling the breaching party to complete the transaction. Monetary damages allow the non-breaching party to recover their deposit, additional costs, and losses caused by the breach. Joseph Hughes handles breach of real estate contract cases in Fort Lauderdale, representing both buyers and sellers depending on the facts. He also handles seller breach of contract and buyer breach of contract cases throughout Broward County.
Quiet Title Actions in Broward County
A quiet title action resolves disputed ownership by asking a Florida circuit court to declare who holds legal title to a property. It eliminates competing claims, removes old liens and mortgages that were never properly discharged, and corrects deed errors that cloud a title. Under Florida Statute §65.011, the court has full authority to settle title disputes and issue a final judgment clearing ownership.
Quiet title actions are common after tax deed sales, inheritance situations where multiple heirs claim ownership, and purchases involving properties with long or complicated ownership histories. A Fort Lauderdale real estate litigation lawyer files the action, identifies and serves all parties with a potential claim, and obtains the court judgment that clears the title permanently — making the property insurable and marketable going forward.
Partition Actions: Dividing Jointly Owned Property
When two or more people own a property together and cannot agree on what to do with it, a partition action forces the issue. Florida courts can either physically divide the property — if that’s practical — or order the property sold and the proceeds divided among the co-owners. Partition actions arise frequently between divorcing spouses, business partners who split up, and family members who inherited property together.
A Fort Lauderdale real estate litigation lawyer files the partition action, protects your ownership interest throughout the process, and ensures the court’s division or sale proceeds reflect your legal share. If the other co-owner has been collecting rent or paying expenses, your attorney can also pursue an accounting of those funds as part of the same action. For related property line matters, Joseph Hughes also handles adverse possession claims in Florida.
HOA and Condo Litigation in Fort Lauderdale
Broward County has one of the densest concentrations of HOA-governed communities in Florida. HOA disputes that reach litigation typically involve special assessments levied improperly, fines imposed without due process, selective rule enforcement, and board elections that violate the association’s own governing documents.
Florida’s HOA Act (Chapter 720) and Condominium Act (Chapter 718) give both homeowners and associations specific legal remedies when the other side violates the rules. Joseph Hughes handles HOA representation and defense in Fort Lauderdale for both sides of these disputes. The Florida Bar’s consumer resources confirm that HOA and condo disputes are among the fastest-growing areas of real estate litigation in Florida.
Construction Defect Claims and Lien Disputes
Florida’s active construction market generates a steady volume of defect claims and lien disputes. When a contractor performs defective work, fails to complete a project, or abandons a job after receiving payment, a Fort Lauderdale real estate litigation lawyer pursues damages through civil litigation — including claims under Florida’s Chapter 558 construction defect pre-suit process and Chapter 713 lien law.
Contractor lien disputes work in both directions. Property owners challenge liens that were improperly filed or filed for inflated amounts. Contractors and subcontractors enforce valid liens through foreclosure when owners refuse to pay. Joseph Hughes handles both sides — including lien removal in Fort Lauderdale and lien enforcement throughout Broward County. The Florida DBPR handles complaints against unlicensed or disciplined contractors, which can support a civil fraud claim.
The Litigation Process: From Dispute to Resolution
A Fort Lauderdale real estate litigation lawyer manages every step of the Florida litigation process. Here is how it typically unfolds in Broward County Circuit Court:
- Pre-suit demand — A formal demand letter outlining your legal position and the remedy sought — many disputes resolve here
- Filing the complaint — The complaint is filed in Broward County Circuit Court, formally initiating litigation
- Discovery — Both sides exchange documents, submit interrogatories, and conduct depositions to build the evidentiary record
- Motions practice — Motions to dismiss, for summary judgment, or to compel discovery sharpen the issues before trial
- Mediation — Florida courts require mediation in most civil cases. A skilled real estate litigation lawyer uses mediation strategically to reach favorable settlements
- Trial — Cases that don’t settle go to trial before a judge or jury in Broward County Circuit Court
All civil filings in Broward County are managed through the Broward County Clerk of Courts. Joseph Hughes knows this court, its judges, and its procedures — and uses that knowledge to your advantage from filing through verdict.
Local Resources for Fort Lauderdale Litigation
| Resource | What It Provides | Link |
|---|---|---|
| Broward County Circuit Court | Civil case filings, court records, hearing schedules for Broward County | browardclerk.org |
| Broward County Property Appraiser | Property ownership records, tax assessments, lien data | bcpa.net |
| Florida Bar Attorney Search | Verify attorney bar status and disciplinary history | floridabar.org |
| Florida DBPR – Contractor Licensing | Verify contractor licenses and file complaints against unlicensed contractors | myfloridalicense.com |
Frequently Asked Questions
| Question | Answer |
|---|---|
| How long does real estate litigation take in Broward County? | Most cases resolve within 12–24 months. Cases that settle at mediation resolve faster. Complex multi-party disputes or appeals can extend beyond two years. |
| What is the difference between a real estate litigation lawyer and a transaction attorney? | A transaction attorney handles contracts, closings, and title work. A real estate litigation lawyer handles disputes in court. Joseph Hughes does both — so if a transaction leads to a dispute, he handles the full matter. |
| Can I recover attorney’s fees in a Florida real estate lawsuit? | Possibly. Florida follows the American Rule — each party pays their own fees — unless a contract clause, statute, or court rule provides for fee-shifting. Many real estate contracts include attorney’s fee provisions. |
| What court handles real estate litigation in Fort Lauderdale? | Most Fort Lauderdale real estate litigation is filed in Broward County Circuit Court, which handles civil disputes over $30,000. Small claims court handles disputes under $8,000. |
| Do I need to go to court to resolve a real estate dispute? | Not always. Many disputes resolve through negotiation or mediation before trial. A Fort Lauderdale real estate litigation lawyer pursues the fastest and most favorable path — whether that’s a settlement or a verdict. |
Your Property Rights Have a Fighter in Fort Lauderdale
Hughes Real Estate Law is a Fort Lauderdale real estate litigation lawyer practice built for property disputes that require a courtroom. Joseph Hughes handles your case personally from the first call through the final resolution. Call (954) 256-5125 or visit our contact page to schedule your consultation today.
About Hughes Real Estate Law
Hughes Real Estate Law is a Fort Lauderdale real estate law firm focused exclusively on Florida property law. Joseph Hughes represents buyers, sellers, landlords, tenants, investors, and businesses in both transactional and litigation matters throughout Broward County. The firm serves clients in Fort Lauderdale, Hollywood, Pompano Beach, Davie, Coral Springs, Dania Beach, Wilton Manors, Oakland Park, Sunrise, and Margate. To speak with a Fort Lauderdale real estate litigation lawyer directly, call (954) 256-5125.
