Disputes over real estate matters are becoming more and more common, especially in Southern Florida where property values are high and real estate locations are coveted.. Whether you’re a residential or commercial property owner, you may find yourself embroiled in a real estate disagreement at some point.
While some disputes are able to be settled outside of court, other cases are more complex and require litigation when the two opposing parties cannot reach an agreement. Here are the most common reasons for real estate litigation.
Boundary disputes can occur when two people disagree on where their property boundaries lie. In some cases, the boundaries of each plot may not have been properly registered. Or, a neighbor may be abiding by what seems like reasonable property lines, but they are not consistent with what is legally registered.
If you and someone who owns a neighboring property have a boundary dispute, it’s critical to obtain the assistance of an experienced real estate litigation attorney.
Failure to Disclose a Property Defect
Sellers must be honest and disclose any known property defects that would impact its value. If a buyer finds a property defect after the purchase transaction has been finalized, and the seller knew about it and did not disclose the defect, the buyer may be able to file a legal action against the property’s seller.
The most common property defects that are “hidden” during the sale of a property are mold residue, water leaks, and roof degradation. However, to successfully win this type of case, the property buyer must provide proof that the seller had knowledge of the defect or should have known about it, and either ignored or willfully concealed the defect.
Breach of Contract
Any time one or more parties who signed a contract fail to fulfill their contractual-based obligations, you can sue for breach of contract; however, remember that you again have the burden of proof to show when and how the contract was breached and what damages you suffered as a result.
Do You Need to Call a Broward County, FL Real Estate Litigation Lawyer?
Are you involved in a Florida real estate litigation issue? Don’t hesitate to get legal help. Contact Broward County, FL real estate attorney Joseph Hughes for a consultation today by calling (954) 256-5125. Serving Fort Lauderdale, Hollywood, and all of South Florida.