Understanding Real Estate Disputes in Miami
As a trusted Miami, FL real estate litigation lawyer knows, when you buy or sell property, you may not be thinking of it as a legal interaction. Sure, you have to sign certain documents and hand things over (or receive property), but it’s not the same as taking someone else to court, right? The truth is, when you have any kind of real estate transaction or dispute that needs legal representation, you should be prepared to go to court. There are a few common types of real estate disputes that our lawyers are familiar with and when you are ready to take legal action and protect yourself, call the team at Perez Mayoral, P.A. We are here to help you.
Table Of Contents
- Common Types Of Disputes Involving Real Estate
- Miami Real Estate Litigation Infographic
- Get Help When You Are Dealing With Property Disputes
- Why You Need A Real Estate Litigation Lawyer
- Real Estate Litigation Lawyer FAQs
- Miami Real Estate Litigation Lawyer FAQs
Common Types of Disputes Involving Real Estate
Especially when it comes to property or where someone lives, people can become defensive quickly. They want to know that what they have is protected and that other people will not try to take something they own. This is one of the reasons real estate disputes can become bitter quickly.
- There are property defects. This can be especially difficult for new homebuyers who are excited to move in, only to discover the plumbing is ruined or the roof leaks so badly it is damaging the floors. Unfortunately, this is not uncommon. The property seller is obligated to disclose defects on the property. You have the right to sue the person who sold you the property if there was a chance that they should have known there was a defect and that they had intentionally tried to hide that defect from you. This can sometimes be difficult because your lawyer will need to prove that the seller knew about the issues.
- There was a breach of contract. It can sometimes be easy to forget that buying and selling property involves legal documents. So, if you signed a contract with another party and you believe that they breached this contract, you should speak with your trusted Miami real estate litigation lawyer. If the other party did not follow through on payment like they were supposed to or did not accurately describe the property, you may have what you need to take them to court.
- There is a property line dispute. One of the most common issues to crop up in real estate is a property line dispute. This could be anything from a neighbor installing a fence that is in your yard, planting trees or shrubs over the property line, or even building construction that encroaches on your yard. You will want to work with your lawyer to get a land survey and see what action can be taken.
Miami Real Estate Litigation Infographic
Get Help When You Are Dealing With Property Disputes
Property disputes come up often when you are a homeowner, whether it is something that comes up right as you are settling on a house and signing on the dotted line or after you have lived at your home for years. This can occur for many reasons and might be a legitimate dispute between two parties or may come up conveniently if two parties are not getting along. Whatever the property dispute issue, it is crucial that you have a lawyer by your side so that you can ensure you are remaining on the right side of the law and that you have the necessary evidence to back up your property dispute claims.
What kinds of property disputes are there?
There are several kinds of property disputes.
- An easement dispute. You may more commonly see this taking the form of a utility worker coming onto your property and checking electrical lines or water lines. An easement happens when one party owns property or land but allows someone else to use it. When there is an easement dispute, someone may try taking access away from you that allows you to get to your own property or you may be trying to take away someone else’s access so that they do not have the right to come onto your private property. An easement dispute can also be attempting to protect a view you have from your house if a neighbor is trying to build something that will block that view.
- A boundary dispute. This is a common dispute among neighbors and occurs when one neighbor believes that their property ends in place while the other neighbor believes it ends elsewhere. It is fairly easy for your lawyer to help determine where the property line ends by having your property surveyed. It is also possible that if there is a discrepancy in land surveys it can actually show two people own the same piece of land. There will typically be two ways to resolve this: if a neighbor had built something on your property, a judge may require they remove the offending structure. The second is that a judge may be the one to determine where the property line is and whether the structure remains.
- A title dispute. This can occur when one party believes they have ownership over part of a property and happens when there is a problem in the land/property survey. This tends to happen most commonly when someone is trying to sell a home.
Property disputes can be discouraging, especially if you are in the middle of trying to buy or sell a property. You should work with a lawyer who can help you gather necessary evidence, such as boundary maps, titles, and land surveys to help you with your case. Before an issue even comes up, it is important that you have a lawyer who can help you draft your documents to prevent issues or be ready if someone does bring a problem forward. Give our office a call when you are ready for a real estate transaction or property dispute.
Don’t hesitate to reach out to Perez Mayoral, P.A. when you need help with real estate issues. You want to know that you have a lawyer who will be by your side and guide you if you need to pursue litigation. For more information, reach out to our trusted Miami real estate litigation lawyer now.
Why You Need A Real Estate Litigation Lawyer
Anyone who is facing threats of real estate litigation should not ignore the issue. Being threatened with litigation is a serious matter that should be handled as quickly as possible. When your company is facing potential legal troubles, it is not a matter to take lightly. Here are several examples of when you may want to seek the help of a qualified lawyer that has been able to support clients with quality legal advice.
Understand Your Rights
Real estate law spans many different topics and it can be hard to understand for even the most seasoned lawyers. If you are a real estate professional who is dealing with a legal matter, you need to be able to possess a basic comprehension of your legal rights. Knowing what your rights are help to empower you and your decision-making. It allows you to have confidence in how you navigate your case and what goals you are trying to accomplish.
Become Familiar With Real Estate Law
As a trusted Miami, FL real estate litigation lawyer can tell you, such as one from Perez Mayoral, PA., real estate law encompasses a broad range of laws. From environmental regulations to zoning requirements, there is a lot of information that real estate professionals must be familiar with. Making important decisions throughout your case without a thorough understanding of the laws that are applicable to your situation may result in serious consequences. A lawyer will be able to explain the law to you so that you can understand the specific matters that you are dealing with.
Resolve The Issue Efficiently
When you are trying to work through any kind of legal matter, your focus is on resolving your situation as efficiently as possible. The less you know about the law and what to expect from the legal process, the less successful your case outcome may be. Having a Miami real estate litigation lawyer to support you at every moment is beneficial because they know what it takes to find the best solutions and take your case to completion in a timely manner.
Overcome Sudden Obstacles
Throughout any kind of legal scenario, clients should anticipate unexpected hurdles. When you are dealing with real estate litigation, there could be many types of sudden issues that can occur. There could be a last minute issue that comes up, such as missing information or errors on paperwork. If you need help, having a lawyer at your side throughout any kind of problem is greatly beneficial. It can dramatically influence the outcome of your case and it could be the difference between a good or bad case result.
Build A Strong Defense
If you are a real estate professional who is confronted with any threats such as attempting to commit fraud or trying to bypass real estate standards, it is critical that you have a strong defense. An experienced lawyer who has assisted clients with unique and complex real estate law matters is prepared to develop a strong defense for you so that you can protect your rights and your business. To find out more about what a skilled Miami real estate litigation lawyer can do for you, arrange a consultation right away.
Real Estate Litigation Lawyer FAQs
Do I need a lawyer for my real estate purchase?
A Miami, FL real estate litigation lawyer knows that for many people, purchasing a home is an exciting time – whether that purchase is your first one or your fifth one. However, the lawyers at Perez Mayoral, P.A. also know that the process can be a complex one, with all the documentation that is required for mortgage approval, home inspections, and all the other issues that must be addressed for the purchase. One area that can be especially confusing is title insurance. When a buyer begins investigating this part of the transaction process, they often make the mistake of thinking they will no longer need a lawyer representing their best interests, but this can end up being an expensive mistake.
What is title insurance?
Whenever a home or other type of real estate property is involved in any type of transaction, a record of that transaction is filed with the appropriate department of the county, city or town where the property is located (i.e., registrar of deeds). There are also records created if a property owner refinances the mortgage on the property, if a quitclaim deed is filed, or if a party places a lien.
When someone is purchasing a property, the company that will be holding the mortgage requires the buyer to purchase title insurance. During this process, the title insurance company will retain a title review company to research the history of the property, looking for any potential issues that impact rightful ownership. Once the title company confirms the property has no ownership issues, title insurance will be issued, satisfying the mortgage company’s requirement.
Isn’t the title review company’s search enough to ensure the buyer is protected from any potential legal issues regarding ownership in the future?
Although the title review company’s search is enough to satisfy the title insurance company, that search may not be enough to protect the buyer’s best interest. That search is just enough to meet the needs of the title insurance company. Title review agents typically do not hold law degrees and are not well-versed in Florida real estate law like a Miami real estate litigation lawyer is. If an issue does arise in their search, the agent is also not allowed to provide the buyer with legal advice on how the information they find could result in potential legal issues down the road. Potential issues could result in financial, legal, or tax consequences – issues that having a qualified lawyer could have avoided.
What other things will a lawyer attend to in a real estate transaction?
Your lawyer can draft and review all legal documents that are involved in the purchase of the property to ensure that you are protected and that all aspects of the deal you have entered into are met. Having a Miami real estate litigation lawyer representing you from the beginning of the transaction process can help avoid expensive issues in the future. Call Perez Mayoral, P.A. to schedule a free and confidential consultation.
Miami Real Estate Litigation Lawyer FAQs
Real estate litigation can be complex and confusing, with many legal issues to consider which is why you should work with a Miami, FL real estate litigation lawyer on your case. Contact Perez Mayoral, P.A. for help today. In the meantime, here are five questions people commonly have about real estate litigation:
What is real estate litigation?
Real estate litigation involves legal disputes related to real estate transactions, such as buying or selling property, leasing agreements, or disputes between landlords and tenants. These disputes can arise due to issues such as breach of contract, property damage, zoning disputes, and more. Even something as simple as purchasing a house can lead to litigation.
When should I consider real estate litigation?
You should consider real estate litigation when you are involved in a legal dispute related to real estate transactions, and you are unable to resolve the issue through negotiation or other alternative dispute resolution methods. If you are facing financial losses or damage to your property, or if your legal rights have been violated, you may need to take legal action to protect your interests. You should also consider it if someone is handling a real estate transaction with difficulty.
What types of legal issues can arise in real estate litigation?
Legal issues that can arise in real estate litigation include breach of contract, fraud, property damage, zoning disputes, boundary disputes, and more. Depending on the specific situation, there may be multiple legal issues to consider. If you need help at any time, contact a Miami real estate litigation lawyer.
How can a lawyer help with real estate litigation?
An experienced real estate lawyer can help you navigate the legal system, understand your legal rights, and develop an effective legal strategy to resolve the dispute. A lawyer can also represent you in court, negotiate with the other party to reach a settlement, and provide legal guidance and support throughout the litigation process. They will guide you through the legal process and be a shoulder to lean on.
How long does real estate litigation typically take?
The length of real estate litigation varies depending on the specific circumstances of the case. Simple disputes may be resolved in a matter of months, while more complex cases may take years to resolve. The duration of the litigation process depends on factors such as the complexity of the legal issues, the amount of evidence involved, and the availability of witnesses. You will need to ask an attorney for an estimate.
Real estate litigation can be complex and challenging, with many legal issues to consider. If you are involved in a legal dispute related to real estate transactions, it is important to work with an experienced real estate lawyer who can help you understand your legal options and develop an effective legal strategy. A lawyer can also represent you in court, negotiate with the other party to reach a settlement, and provide legal guidance and support throughout the litigation process. Legal issues that can arise in real estate litigation include breach of contract, fraud, property damage, zoning disputes, boundary disputes, and more. The duration of the litigation process depends on factors such as the complexity of the legal issues, the amount of evidence involved, and the availability of witnesses. Contact a Miami real estate litigation lawyer at Perez Mayoral, P.A. for help today.
Florida’s Real Estate Laws
When it comes to the dynamic world of Florida real estate, it’s crucial to stay informed about the ever-evolving legal landscape. From buying a beachfront condo in Miami to selling a cozy bungalow in Tampa Bay, understanding Florida’s real estate laws can make or break your property transactions. In this article, we’ll delve into the key aspects of Florida real estate laws that you should know, and when the need arises, how a Miami, FL real estate litigation lawyer can be your guiding light.
The Importance of Disclosures in Florida Real Estate
When you’re looking to buy or sell property in Florida, full transparency is the name of the game. Florida law mandates that sellers disclose any known material defects in the property. This means any issues that could affect its value or safety must be disclosed. Failure to do so could lead to legal troubles down the line and the involvement of a Miami real estate litigation lawyer.
Buyers, on the other hand, should be diligent in reviewing these disclosures and conducting inspections to ensure they have a clear understanding of the property’s condition before closing the deal. If issues arise post-purchase that were not disclosed, legal action may be necessary, and a real estate litigation lawyer can help resolve the dispute.
Florida’s Homestead Exemption
Florida is famous for its homestead exemption, which provides property tax relief for homeowners who make their primary residence in the state. This exemption can significantly reduce property taxes, making home ownership more affordable. However, there are specific eligibility criteria and limitations associated with this exemption, which may require legal guidance from a real estate litigation lawyer to navigate.
Title Insurance in Florida
Title insurance is a critical component of any Florida real estate transaction. It provides protection against any undiscovered defects in the property’s title, such as undisclosed liens or ownership disputes. While title insurance is not legally required, it is highly recommended to avoid potential legal battles down the road. A real estate litigation lawyer can assist in resolving title-related disputes if they arise.
The Role of Condominium Associations
Florida is known for its thriving condominium market, especially in cities like Miami. Condominium associations play a significant role in governing these properties. Understanding the rules and regulations imposed by these associations is crucial, as they can impact your rights as a condo owner. Disputes with condominium associations may require the expertise of a real estate litigation lawyer to reach a resolution.
Foreclosure Laws in Florida
In unfortunate circumstances where homeowners face financial difficulties and risk foreclosure, Florida has specific laws governing the foreclosure process. Understanding the timeline and legal requirements involved in a foreclosure case is essential, and a real estate litigation lawyer can provide valuable guidance in these situations.
Your Partner in Resolving Disputes
In the fast-paced world of Florida real estate, disputes can arise unexpectedly. Whether it’s a breach of contract, a disagreement over property boundaries, or issues related to condominium associations, having a seasoned real estate litigation lawyer by your side can be invaluable.
Florida’s real estate laws are multifaceted and can be complex to navigate. From property disclosures to title insurance and condominium associations, understanding these laws is essential for a successful real estate transaction. When disputes arise, a skilled Miami real estate litigation lawyer can help protect your interests and guide you through the legal process. Don’t hesitate to seek legal counsel when needed to ensure your Florida real estate ventures are as smooth as a day on the beach. Perez Mayoral, P.A. is here to help.