Real Estate law concerns all issues relating to the ownership and use of real property. The most frequent real estate issues are indicated below. If you have a need for legal services in real estate law, please review the practice areas listed below and click on the appropriate area that relates to your issue. This will take you to a page briefly discussing the practice area and allowing you to obtain a consultation regarding your legal issue or request legal representation to address your legal issue. In the event you do not think your issue is represented by a practice area, please feel free to contact us regarding your legal issue. Click here for a Consultation
Purchase or Sale of Real Property
The most common way of transferring interest in real estate property involves the purchase or sale of real estate property. Please note that transferring ownership interests via quitclaim deed can be problematic and an attorney should be consulted prior to use. There are several stages that usually occur in the transactional purchase and sale of real estate property.
- Stage one usually involves the buyer conducting preliminary research on the subject property to determine if it is suitable for the intended use. (i.e. square footage, price, location, surroundings)
- Stage two the buyer initiates negotiations with the seller and ultimately executes a written contract for the purchase of the subject real estate property. Again it is highly recommended that you seek an attorney prior to entering into the purchase contract.
- Stage three the executed contract is then forwarded to a title company so that they could conduct a title examination of the subject property to identify any and all existing encumbrances. The title company will be in charge of isolating what is needed to be done to transfer the subject property to the buyer free and clear from the existing encumbrances. Once the title company obtains everything necessary to transfer clear title, the transaction is ready to “close.”
- Stage four in the purchase and sales transaction is the closing. It is where the execution of all documents, financing, and the payments of all liens and encumbrances are finalized. Again, it is highly recommended that an attorney aids you in the review and of the documents at the closing prior to your signing
It is highly recommended that you seek the assistance of a Florida Attorney to assist you in transferring or acquiring interest in real estate property. Click here for a Consultation.
Landlord Tenant Law
Landlord Tenant Law, as the name suggests, deal with the relationship between, and the obligations of, individuals or entities that could be characterized as a landlord or a tenant. Click here for a Consultation.
The most common landlord tenant issue involves the eviction of a tenant for non-payment of rent. An eviction is the legal process of removing a tenant from a property that they were previously legally allowed to possess. The Florida eviction process has very specific procedural rules that must be strictly followed to legally evict the tenant. It is highly recommended that you seek the assistance of a Florida Attorney to complete the eviction process. Start the eviction process online.
Self-help is prohibited in Florida. To legally remove a tenant from their property, a landlord must evict the tenant through the courts and must refrain from using self-help measures. Changing the locks, removing the utilities, or using other similar means of forcing a tenant out of the subject property without the legal eviction process is prohibited. A landlord may very well be responsible for the tenant’s damages incurred from the landlord’s use of self help to remove the tenant from the subject property.
In Florida, an eviction process is an accelerated civil action designed to allow the landlord rapid means of legally removing a tenant from their property. A tenant can be evicted from the property if the tenant violates the terms of the lease. Even though the most common violation is for nonpayment of rent, eviction process also applies to other violations of your lease.
An action for damages may also be desired if the tenant has destroyed the subject property or if the landlord would like to recoup unpaid rent. Generally there are two ways to file for damages: 1) you can include a count for damages in the eviction suit for possession or 2) you can file a separate suit for damages. There are pros and cons for each choice and a Florida attorney should be able to adequately explain the differences and assist you in making the correct choice for your circumstances.
Real Estate Ownership Disputes
There are instances were individuals have disputes over ownership interests or the use of the real estate property. If you should become involved in a real property dispute for ownership, land use or receive a violation notice from a governmental agency or code enforcement board you should immediately secure the services of a lawyer for assistance. Generally disputes regarding ownership interests in real property could be determined by the courts via a quiet title action and land use violations are addressed via an administrative hearing or court proceeding. Please note that transferring title via a quitclaim deed can be problematic and an attorney should be consulted prior to use. Click here for a Consultation.
Association Law
Real Estate located within a condominium or homeowner’s association is governed and bound by certain association documents. These documents are often identifiable to as the Declaration, the By-Laws and Rules and Regulations. Associations should obtain legal advice when creating, modifying or enforcing these documents. Association Members should note that failure to adhere to the Association Documents can result in fines and/or the loss of their ownership. Both the Association and the Association Members should seek the assistance of an attorney regarding disputes with the other. Click here for a Consultation.
Construction Law
As the name implies, construction law has to do with legal issues surrounding construction. However, the scope of legal issues is not so intuitive. Construction law deals with the preparation for contracting, proper industry licensing, Building Permits and Codes, Statutory Laws, Bids, Contracts, Construction Lien Law, Bonds, Lenders, Warranties, Extras, Changes, Delays, Contract Nonperformance, Negligence, Damages, Defenses, Remedies, Litigation, Bankruptcy and more. Click here for a Consultation.
Construction Lien Law
Florida Law allows for individuals or entities that provide services or materials for the improvement of real estate property, and are not paid, to enforce their claim for payment against the subject property. This claim is known as a construction lien. The Florida Lien Statute was written to protect contractors who perform work for the improvement of real estate protects their interests; however, the procedure is strictly scrutinized to protect the homeowner’s rights. Click here for a Consultation.
- Contractors: Individuals or entities who have or about to provide services or materials for the improvement of a real estate property should seek legal assistance to protect their interests. A contractor can enforce a properly implemented construction lien by foreclosure.
- Homeowners: Please note that it is possible to lose your ownership rights from a construction lien. Homeowners who have or are about to enter into an agreement for the improvement of their real estate property should obtain legal counsel to protect their interest and to protect themselves against paying twice.
FLORIDA REAL ESTATE LAW 
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