Real Estate Litigation

Real estate litigation can occur in many situations involving both commercial and residential real estate. However, the most common causes of real estate litigation are boundary disputes, breach of contract, and negligence or breach of duty.

Boundary, Driveway, and Fence Line Disputes

Property boundaries play a crucial role in defining ownership and protecting the rights of property owners. However, boundary disputes can arise, causing tension and uncertainty amount neighboring property owners. Boundary disputes occur when a party does not correctly register their property. These disputes can also happen if they use a practical property line instead of the legal one. This can occur when your neighbor, their property, or their pets invade your property.

Breach of Real Estate Contracts

A breach of contract – for both sale or lease contracts – is the most common reason why real estate litigation occurs. When one of the parties does not fulfill agreed-upon obligations, that party may be in breach of the contract. We can assist you with taking the necessary actions to protect your rights and remedy your loss if this happens to you.

Negligence or Breach of Duty

This cause of real estate litigation most commonly occurs between a property buyer or seller and their real estate agent. In most contracts, real estate agents or realtors are legally required to act in the best interest of their client and not in the interest of the seller or another third=party. Furthermore, realtors and real estate agent

Though the most common causes of real estate litigation are from the issues discussed above, real estate litigation can also arise in the following situations:

• Easement Rights, Obligations and Disputes
• Adverse Possession
• Landlord/Tenant Disputes (residential and commercial)
• Condominium Association/Homeowners Association Disputes
• Trespass
• Slander of Title
• Failure to Disclose Defects Prior to Sale (Johnson v. Davis)
• Specific Performance of Real Estate Contracts (Requiring Seller to Close)
• Foreclosure Prosecution and Foreclosure Defense (both residential and commercial)
• Rescission, Cancellation, and Modification of Deeds
• Homeowner’s Insurance Claim Disputes
• Deed and Title Disputes (Quiet Title)
• Partition Actions (Forced sale of heirs property or other commonly owned property)
• Tax Deed disputes and litigation
• Construction Fraud disputes and litigation
• Construction Defect disputes and litigation
• Lien foreclosure and defense
• Covenants and Restrictions Enforcement and Disputes
• Florida Marketable Record Title Act (MRTA) disputes concerning elimination, lapse or revitalization of covenants/restrictions
• Ejectment Actions (dispossessing someone claiming a false ownership interest in property)
• Wrongful Detainer Actions (dispossessing someone originally invited to stay at the property)
• ILSA/TILA/RESPA Violations
• Eminent Domain (Inverse Condemnation)
• Zoning/Variance/Land Use Disputes
• Code Violation/Enforcement Disputes
• Housing Discrimination (Prosecution and Defense)

Individuals who are facing legal matters associated with real estate can turn to Dibert Law Group! We assist clients with residential and commercial real estate matters to help them avoid complex real estate litigation matters. For help with these and other real estate litigation matters, please contact us today.