Real Estate Purchase and Sale Contract Disputes
Florida Real Estate Purchase Agreement Lawyer
When the rights of a real estate contract are violated, it can threaten the best interest of yourself, your family or your business. For the past 30 years, individuals and businesses have relied on Celia Deifik to pursue their rights in real estate purchase and sale contract disputes.
To discuss your commercial or residential real estate dispute with an experienced Naples real estate litigation lawyer, call 239-963-1791 or toll free 866-504-8981.
Residential and Commercial Real Estate Contract Litigation
Celia Deifik works with businesses and individuals throughout Florida, representing them in a variety of real estate purchase and sale contract disputes, including:
- Deposit recovery
- General contract disputes, including as to real estate sales commissions
- Misrepresentation of material facts affecting value
- Contract/purchase agreement rescissions
- Survey problems
- Title issues
- Failure to comply with state regulations
- Community association disputes
Be very cautious when purchasing a foreclosed property!
There is a new surge of lawsuits growing out of purchase and sale agreements involving lender and "REOs" (Real Estate Owned subsidiaries of banks). Many, if not most, of these contracts include Addendums which negate or eviscerate provisions of the standard contracts (such as FAR/BAR or the Collier County NABOR contract).
Buyers, anxious to get a good deal, often do not understand the impact of these amendments or modifications. The Buyer may not have the protections and recourse he thinks he does.
Even in an ‘AS IS’ contract, for instance, the Seller should bear the risk of loss before closing.
It may be safest to have the title search and title insurance done by the attorney of your choice. Don’t necessarily accept a contract that compels you to accept title insurance from the bank/seller’s title agent, just because it’s "free" or "included." Don’t be penny wise and pound foolish. It’s cheaper to do it right the first time than to pay for a Re-Foreclosure or a Quiet Title suit.
When is it Appropriate to File a Lawsuit?
If you are currently involved in a real estate contract dispute, you may be wondering whether the time is right to sue or if mediation will be more beneficial. While it is often a good idea to talk to the other side before initiating suit, there are situations where time is critical:
- Statutes of limitations — many lawsuits are barred if not filed within a certain period of time.
- Prevent transfer of real property — the only way to keep a person in apparent title from selling a house, lot or condo to which you have a claim is to file a lawsuit and place a Notice of Lis Pendens in the public land records. However, be aware that in some circumstances this only operates for one year, unless extended via court order. If a party fails to timely ask for the extension, they may lose their right to any extension. You CANNOT file a Lis Pendens without filing a valid lawsuit.
- Claim of Lien: these can only be filed in strict accordance with Florida construction lien law and will expire one year from the date of the original Claim of Lien, unless an action to enforce the lien is filed within the year. There are severe penalties for frivolous liens.
- Community Association and Assessment Liens: filed by condominium and homeowner associations, these liens expire within a year from the date of the original Claim of Lien, unless an action to enforce the lien is filed within the year.
These are just a few of the reasons for taking action quickly in your dispute. In most cases, settlements can still be pursued while the litigation is ongoing and the court may require mediation before trial. To discuss your specific situation with an experienced attorney, contact our firm today.