Common Causes of Real Estate Litigation in Florida

There are more realtors in Florida than in any other state, and South Florida specifically has more than any other region. That said, it’s important to understand Florida’s laws around real estate. That way, you can know when you have a case and how you can protect yourself. In addition to understanding your rights, it can be beneficial to know the common causes of real estate litigation in Florida so you’re better equipped to avoid them.

If you’re faced with real estate litigation, working with a local Florida real estate attorney can be beneficial. Navigating Florida real estate laws on your own can be challenging, especially when you’re already shouldering the stress of your real estate dispute. A skilled real estate litigation attorney can build your case and gather evidence to secure a positive outcome in court.

In the meantime, it’s advantageous to understand how real estate cases occur so you can prevent these situations from arising in the first place.

Seven Common Causes of Real Estate Cases in Florida

To avoid real estate litigation, it’s crucial to know what causes these situations between associates so you can prevent them from arising in the future. Florida is home to more than 220,000 realtors. It’s important to understand the laws that dictate and protect their actions. That way, you can defend yourself and protect your rights when necessary.

While the details of your real estate case are going to be specific to your situation, you can keep an eye out for these seven common triggers for real estate litigation:

1. Business and corporate real estate conflicts
2. Contract disputes
3. Construction and property disputes
4. Homeowner and condominium association disputes
5. Landlord-tenant disputes
6. Real estate contract issues
7. Title and boundary disputes

In 2022, there were 732,390 reported claims closed in the state, according to the Florida Property Claims and Litigation Report (PCLR). Of those claims, 58,395 were litigated, while the remainder were settled outside of court. By understanding these common causes for real estate litigation, you can do your part to prevent situations from arising within your business circles.

What Does a Real Estate Litigation Attorney Do?

While you’re legally allowed to handle real estate disputes on your own, it’s likely to be more costly and ineffective than if you work with a Florida real estate attorney. Real estate litigation typically involves complex legal principles, specific processes, and significant financial stakes.

Florida accounts for a high percentage of homeowners’ insurance cases nationwide. In 2024, there were a total of 347,068 closed sales throughout the state, including 252,688 for single-family homes and 94,380 for townhouses and condos.

By working with a skilled attorney, you can have the peace of knowing your case is backed by facts and Florida law. A lawyer can evaluate your case, develop effective strategies, and represent you in court so you can have a fair chance at a positive outcome.

The world of real estate litigation is vast, so it’s important to do your research. Even more crucially, be sure you work with an attorney who has experience in handling cases similar to yours. Some lawyers may focus on specific niches, while others provide general care for all types of real estate cases. It’s up to you to figure out what avenue is right for you.

FAQs

What Does Procuring Cause Mean in Florida Real Estate?

Procuring cause is a real estate term. It refers to the events initiated by the real estate agent who helped a buyer close on a home. In situations where a buyer works with more than one agent, determining procuring cause can be challenging. It can cause disagreements about who gets credit for the sale and, therefore, who gets commission on it.

Is Litigation the Only Way to Resolve a Real Estate Case in Florida?

Many real estate cases can be settled by arbitration or mediation through state or local real estate boards. Real estate disputes are handled under the National Association of REALTORS (NAR) Code of Ethics. When the parties cannot resolve the dispute by reaching a settlement agreement through negotiations, they must then file a claim with the appropriate district court to enter litigation.

What Are the New Florida Real Estate Laws?

Florida real estate laws saw several key changes in 2024, including:

• Better transparency in HOA documents
• Clear flood risk disclosure
• New commission structures
• Updated property rights

Under these revisions, buyers and sellers can negotiate commissions independently with their agents.

Additionally, buyers must have a written agreement with their agents before property showings, and listing agents can no longer advertise commissions on the Multiple Listing Service (MLS). These are just a few changes due to new Florida real estate laws.

Can a Buyer Back Out of a Real Estate Contract in Florida?

In general, a buyer can back out of a real estate contract in Florida. However, the buyer may suffer penalties or other consequences, depending on the terms of the contract and the reason they are cancelling it. Most standard contracts have contingencies that allow buyers to back out of a contract within a given period. If you wish to end a contract outside that timeframe, it’s wise to seek counsel from a Florida real estate attorney.

Connect With a Real Estate Lawyer to Discuss Your Case in Depth

Real estate cases can lead to costly disputes and unfair settlement terms if you don’t have the right representation on your side. Leave the process of navigating Florida real estate law to the professionals at LMK Legal. With our skills, you can focus on moving forward with your life as we work to resolve this case.

Our team understands the common causes of real estate litigation in Florida, and we’re ready to represent your case. We can seek the justice you deserve after a real estate case. No matter the specifics of your situation, you can count on our attorneys to represent you. If you’re ready to discuss your situation in more detail, get in touch with our firm to set up a consultation today.