Real estate disputes stem from miscommunication, unmet expectations, or disagreements as to the legal rights and responsibilities of all the parties involved. One can avoid such problems through clear communication, proper documentation, and—when required—professional legal guidance. Understanding what causes litigation can minimize costs and time-consumption.
- Breach of Contract
Most real estate transactions involve some sort of contract between parties. To prevail in a breach of contract action, a plaintiff must show (1) that a valid contract existed; (2) a material breach of the contract; and (3) actual damages. Note the difference between a minor breach and a material breach. A minor breach occurs when a party violates the contract in an insignificant manner as opposed to material breach that affects one of the contract’s core purposes. For example, a seller agrees to sell a home to a buyer, agreeing to leave all the home’s kitchen appliances, light fixtures, and built-in cabinets as part of the sale. The seller’s removal of the refrigerator does not significantly affect the contract’s value. However, the seller’s removal of all kitchen appliances would likely amount to a material breach.
- Boundary Disputes
Boundary disputes arise from confusing or conflicting information about where one property ends and another begins. Neighbors, property owners, or even municipalities might have boundary disputes. Old deeds, outdated surveys, or unclear legal descriptions can lead to disputes when establishing borders. For example, a plaintiff who owns property adjacent to a defendant’s property brings an ejectment action to take land that the defendant occupies. To respond, the defendant would assert title by adverse possession or that the plaintiff acquiesced to the new boundary. Adverse possession is a legal rule that lets someone gain ownership of land by using it openly and without the owner’s permission for a certain period. Conversely, the unauthorized possessor–plaintiff might preemptively bring a quiet title action based on adverse possession, or boundary by acquiescence. A quiet title action asks the court to fix or confirm ownership of disputed property.
- Construction Defects
Florida law defines a construction defect as “a deficiency in … the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property” resulting from defective material or design, or failure to follow code or trade standards. Prior to filing a lawsuit, the property owner must provide written notice to the contractor of the alleged defects so the contractor may conduct an inspection and respond in 60 days with an offer to fix, settle, or deny the issues. If the parties fail to reach an agreement, the owner may proceed to file suit.
- Zoning Issues
Florida must regularly balance between environmental concerns and economic growth. Disputes happen when local and state governments, developers, property owners, and conservationists disagree over the use of land. A property owner might petition the governing body for a variance, seeking to use their property in a manner not conforming to the zoning ordinance. A rejection may result in a lawsuit to challenge the propriety of the decision.
- Condominium and Homeowners Association Conflicts
Chapters 718 and 720 of the Florida Statutes govern condominium owners associations (“COA”) and homeowners associations (“HOA”), respectively. Both COAs and HOAs often have sets of covenants, conditions, and restrictions (“CC&Rs”) that regulate how to maintain and use properties. COAs/HOAs have the authority to enforce rules by issuing penalties or pursuing legal action. Disagreements manifest over the fairness and consistency of CC&Rs or when an owner feels that the COA/HOA board has made decisions without enough community input. In Florida, parties must attend pre-suit mediation or arbitration, providing a pathway to resolution in front of a neutral third-party before heading to court.
The Role of Legal Counsel in Real Estate Matters
Lawyers bring expertise in disputes, contracts, and compliance with government regulation. Counsel may clarify rights and responsibilities and avoid costly mistakes. Once a lawsuit commences, lawyers facilitate discussions and negotiations to come to a resolution prior to trial. However, if the dispute escalates, representation can make the difference in achieving a favorable outcome.
Our Firm
Rossway Swan’s Litigation Group is comprised of a broad range of experienced counsel dedicated to protecting our clients’ rights and interests. Contact us today to learn more about how we can assist you in protecting and advancing your interests under the continuing changes in the legal landscape.
Prepared by the Civil Litigation Practice Group at Rossway Swan Tierney Barry & Oliver, P.L. Contact Thomas W. Tierney, Cole Oliver, Paul R. Amos, Lily Chen, or Rayaan A. Hossain for more information.
