Common Causes of Real Estate Litigation in Miami
Almost any business remains subject to some form of real estate litigation in Miami. At any given time, these same businesses remain likely to participate in various avenues related to general legal disputes.
Real estate litigation represents a tool utilized by and against real estate agents and brokers, as well as buyers, sellers, landlords, and tenants. These situations involve pursuing and defending legal rights, in addition to righting perceived and experienced wrongs. Read on to learn more information about real estate litigation in Miami from the Law Offices of Paul A. Humbert, P.L.
Breach of Contract Issues
Breach of contract is one of the most common reasons that individuals take real estate issues to court. Within real estate transactions, contract terms commonly outline specific details in relation to title clearance, closing dates, and assets involved in the transaction.
Lawsuits may claim breaches of contract where a plaintiff must demonstrate they fulfilled their end of the contractual obligations while the other party did not. With any success, the plaintiff will be entitled to compensation for any experienced losses as a result of the breach.
Failure to Disclose Defects
In the state of Florida, sellers must disclose any non-evident, as well as known defects that could potentially affect the value of the property. When a buyer uncovered previously undisclosed defects after closing, they can initiate legal action against the seller claiming their failure to disclose this information.
Nevertheless, for success in this real estate litigation in Miami, plaintiffs must prove the defendant understood and knew of this defect. Similarly, they may demonstrate that the defendant should have known about the defect, and purposefully concealed the information.
Negligence and Breach of Duty
This situation primarily and commonly occurs issues with a real estate professional like an agent or broker. Agents remain legally bound to act in the best interests of their clients. They must also maintain security and confidentiality concerning sensitive information related to their clients.
Nonetheless, their duties include performing all services to their knowledge and ability. Displaying negligence in relation to any of these matters may produce disadvantageous outcomes or losses to a real estate agent’s client. As a result, the victims may rely on real estate litigation in Miami for the best possible outcome in defense of their rights.
Real Estate Definitions
Real estate litigation in Miami typically effects income-producing, and residential real estate properties and can arise in any aspect of a real estate project or transaction. From financing to development and construction, these disputes may appear as varies as the parties and projects themselves.
Real estate transactions remain very complex, involving numerous different laws, legal rights, and policies. Litigation will often resolve these disputes relying on the court procedures and mechanisms in place to regulate them.
Florida’s real estate laws impart a deep and rich history that remains protective of proper owner rights. Any litigation case in relation to real estate reflects impact by a variety of current and historical Florida statutes, the Florida Constitution, as well as common law principles.
However, a number of these impositions change from year to year, often necessitating professional intervention from an experienced law firm. From either side of the table, pursuance or defense in a real estate litigation issue, legal assistance remains paramount to the defense of a client’s legal rights, as well as the best possible outcome.
Information on Real Estate Litigation in Miami from the Law Offices of Paul A. Humbert, P.L.
When individuals find themselves in the midst of unraveling legal disputes, professional assistance from a skilled, experienced attorney is crucial. They can ensure that legal rights remain protected and adequately represented in any case.
Every real estate transaction should begin with a contract. In Florida, these contracts must be in writing in order for enforcement. Fairly commonly, these issues will arise between buyers and sellers, complicating an already complex and convoluted procedure.
To understand these disputes, assistance from a law firm that demonstrates proficiency in real estate litigation in Miami can help inform and educate on even the most basic points of contract law.
Competent real estate attorneys will display proficient and comprehensive understanding of these contractual relations, goals, and equitable and tort conceptions related to the entire transaction.
To learn more about our firm and the legal assistance that the Law Offices of Paul A. Humbert, P.L. can offer, contact our friendly, professional, and experienced lawyers today to schedule a consultation!
- “Breach of Real Estate Contract | LegalMatch.” 20 Mar. 2018, https://www.legalmatch.com/law-library/article/breach-of-real-estate-contract.html. Accessed 31 Jan. 2020.
- “Florida Property and Real Estate – State Laws – FindLaw.” https://statelaws.findlaw.com/florida-law/florida-property-and-real-estate-laws.html. Accessed 31 Jan. 2020.