Category: Real Estate Litigation

Florida law requires sellers to disclose known material defects that are not readily observable to the buyer and that negatively impact the value of the property. Such defects should be disclosed to prospective buyers. Examples of things sellers need to disclose are termites, wood rot, and water damage. But what about loud noises? What if…

Consequential damages (also known as special damages) in a Florida real estate transaction are damages that do not result directly from an action, but instead are a consequence of an action. For example, if a buyer breached a real estate contract and caused the transaction to cancel, consequential damages could include fees the seller had…

In Lefemine v. Baron, 573 So. 2d 326 (Fla. 1991), Daniel Lefemine and Catherine Lefemine (the “Lefemines”) entered a real estate contract to purchase a property from Judith Baron (“Baron”) for $385,000 and put up a $38,500 escrow deposit. The Lefemines were unable to obtain financing and sued Baron for a return of their escrow…

Unless the remedy to seller is limited by the real estate contract, there are generally three remedies available to sellers if a buyer breaches: You can tell if the remedies for seller are limited by reviewing the terms of the contract. For instance, if the contract states that liquidated damages are the “exclusive remedy” to…

It is common for buyers and sellers to use pre-printed form contracts for real estate transactions in Florida. The pre-printed forms have standard contract language, but you can add additional terms, cross out/delete sections, or otherwise modify the standard form contract. What happens if you add terms, and your added terms contradict the terms in…

In Florida, minors can be named as a beneficiary of real property, but they cannot inherit real property until they reach the age of majority in Florida, which is 18. If you have minor children and you own real property, then you should consider speaking with an attorney about the options for your minor children…

Lis pendens is Latin for “suit pending.” A lis pendens is an official notice of a pending lawsuit against a piece of real estate that is recorded in the public record. It puts the public on notice that a lawsuit has been filed against real estate or an interest in the real estate. A lis…

Slander of title is a lawsuit to obtain damages from a lien or claim that was wrongfully recorded against the title of real property. If a lien or claim is recorded against real property and it negatively affects the title to said property, then the owner of the real property may have a slander of…

If you enter a contract in Florida, but you are unable to perform your obligations under the contract, then you might be sued for breach of contract. If you are sued for breach of contract, the following defenses might help you defend against the lawsuit: Statute of limitations – Parties only have a certain amount…

Specific performance can be an available remedy to sellers in real estate transactions, but it is rare for a seller to be granted specific performance. Specific performance is only awarded by a court if money damages are an inadequate remedy. Specific performance defined – Specific performance is an equitable remedy that can be ordered by…