Miami Real Estate Attorney for Litigation & More
Regardless of the type of real estate dispute you are in, our real estate lawyers can provide the sound legal advice you need. These matters often require a delicate balance between litigating aggressively and finding a practical cost-effective solution. Examples of the real estate disputes a Miami real estate attorney from our firm can assist our clients with are:
Contract Disputes
Contracts form the basis of all real estate deals and these agreements outline the conditions, terms, and remedies available to everyone involved in the transaction. When disputes arise, early intervention is crucial to preserve the relationship and to prevent the dispute or contract breach from escalating. A real estate lawyer can work with you during the negotiation with other parties to the transaction and represent you during all stages of your dispute, including pre-suit negotiations, litigation, mediation and trial.
We advise and represent buyers, sellers, lenders and other clients in real estate contract disputes involving issues such as:
- Failure to Disclose – Many real estate contract disputes arise out of the seller’s failure to disclose known property defects. If a seller misrepresents the condition of the subject property or misrepresents its knowledge of the condition of the subject property, this can (and often will) lead to litigation.
- Breach of Representations and Warranties – Sellers and buyers will both typically make representations and warranties in a real estate purchase contract. For example, a seller will typically represent that it owns the subject property, and the purchaser will represent that it has (or will use good faith efforts to obtain) the funds needed to execute the purchase. Breaches of these representations and warranties frequently lead to both informal and formal dispute resolution proceedings.
- Fraud – In some cases, a party’s misrepresentations or omissions will rise to the level of fraud. When a buyer or seller engages in fraud, the defrauded party will typically need to work with an experienced Miami real estate lawyer to secure an appropriate legal remedy.
- Failure to Satisfy Contingencies – In many cases, failure to satisfy a contingency will simply result in contract expiration. However, if a party fails to undertake reasonable efforts to satisfy a contingency in good faith (i.e., a buyer does not apply for financing), or if the parties disagree as to whether a contingency has been satisfied, this can lead to a dispute that requires resolution.
- Failure to Close – In some cases, one party simply won’t show up to the closing table. If you have a contract for the sale of a piece of property and the buyer or seller has failed to close, you will want to speak with a Miami real estate attorney promptly.
The available remedies in real estate contract disputes vary depending on the circumstances involved. In some cases, the buyer or seller may be entitled to monetary damages. In others, the buyer or seller may be entitled to force the transaction to go through (a remedy known as “specific performance”). Termination of the contract will be an appropriate remedy in some cases as well and will often be accompanied by the breaching party’s payment of monetary damages. Additionally, many real estate contracts include provisions for liquidated damages or damages in a predetermined amount, and the availability of these damages will often be a key factor in settlement negotiations.
Landlord/Tenant Disputes
Disputes between landlords and tenants are very common. These disagreements typically revolve around non-payment of rent, non-compliance with covenants contained in the lease, property damage, and other or breaches of a lease agreement.
In addition to rent and property damage disputes, we also represent landlords and tenants in disputes involving matters such as:
- Lease Renewals and Terminations – Many disputes arise in connection with lease renewals and terminations. This includes disputes involving rental increases, evictions, tenants’ attempts to break their leases, and disagreements regarding tenants’ right to renew.
- Habitability, Maintenance and Repairs – Disputes involving habitability, maintenance and repairs can involve tenants’ claims that landlords are failing to meet their obligations or landlords’ claims that tenants are refusing to grant access to rented premises. Oftentimes, both parties will claim that the other party is in the wrong.
- Common Area Maintenance and Repairs – Disputes also frequently arise out of allegations that landlords have failed to perform necessary maintenance and repairs in common areas. This is true for both residential and commercial leases.
- Security Deposits, Pet Deposits, and Other Deposits – Lease disputes often involve disagreements over which party is entitled to retain a deposit following termination. In these cases, assessing the parties’ respective rights requires a careful review of the lease’s deposit language as well as the condition of the rental property.
- Calculation of CAM Charges and Other Liabilities – Calculation of tenants’ liability for common area maintenance (CAM) charges, utilities, taxes, and other fees and expenses is also a common issue in landlord-tenant disputes involving commercial properties. These disputes can be particularly complex, and getting a Miami real estate attorney involved early can often help to minimize the costs involved in achieving a favorable resolution.
Similar to other types of real estate contract disputes, lease disputes can have a variety of potential outcomes. When you contact Edelboim Lieberman for advice, one of our attorneys will work closely with you to understand your dispute, assess your options and develop an informed strategy for moving forward.
Escrow Deposit Disputes
Escrow disputes occur for a number of reasons. One party may suspect wrongdoing with funds placed into an escrow account, or someone may have a breach of contract claim entitling them to recover the earnest money deposit as liquidated damages under the terms of the contract.
Quiet Title Litigation
Quiet title litigation is sometimes required to prevent previous owners, lien holders, and mortgage holders from claiming an interest in the property. Through quiet title litigation, a lawyer can help you obtain the necessary tools to offer an insurable, marketable title to a potential buyer or to obtain title insurance for yourself.
Mortgage Foreclosure Disputes
Real estate, is often used as collateral to secure a loan or debt. When real estate is used as collateral for a loan or debt, the obligor or borrower will sign a mortgage that is recorded in the public records. When a borrower or obligor fails to repay or otherwise satisfy the debt or loan, the lender or creditor may file a foreclosure lawsuit to obtain the title to the real estate. Our real estate lawyers are experienced in bringing mortgage foreclosure lawsuits and defending mortgage foreclosure lawsuits.
While mortgage foreclosure disputes may initially seem fairly straightforward (either the borrower has met its payment obligations or it hasn’t), there are a variety of issues that can lead to contentious litigation between mortgage lenders and homeowners. For example, while the lender may claim that it has taken the necessary steps to initiate foreclosure, the borrower may claim that it did not receive adequate notice. Or, the borrower’s counsel may raise questions regarding whether the mortgage contract is fully enforceable under Florida law. In mortgage foreclosure disputes, it is imperative that both parties have experienced local counsel who can help them understand their obligations, their legal rights, and the options they have available.
Real Estate Closings and Title Disputes
If you are buying or selling a property in South Florida, it is important to work with an experienced Miami real estate attorney who can help you make informed decisions and protect your interests every step of the way. Our attorneys represent buyers and sellers in real estate closings involving residential and commercial properties throughout South Florida. We also represent buyers and sellers in title disputes and other disputes arising before, during, and after closing.
A variety of issues can arise during a real estate transaction. Buyers and sellers alike can encounter unexpected challenges, and while some challenges may eventually lead to litigation, it will often be in both parties best interests to find an amicable solution. When our clients encounter unexpected issues, we help them make informed and strategic decisions, and we rely on our extensive experience in commercial and residential real estate transactions to help them avoid costly disputes whenever possible. However, we do not hesitate to litigate when necessary, and we have significant experience helping our clients protect their legal rights in the Florida courts.
Call a Miami Real Estate Lawyer at Edelboim Lieberman PLLC Now
Regardless of the real estate dispute you are currently facing or involved in, our real estate attorneys at Edelboim Lieberman PLLC, can assist you. Call us today at (305) 768-9909 or contact us online to schedule a free consultation and to learn more about how a Miami real estate attorney can help.
