Real Estate Litigation
Real estate can be one of the biggest investments of your life, whether it's for residential or commercial purposes. And disputes may arise during the purchase, sale, and ownership of real property.
DURING THE TRANSACTION
Breach of Real Estate Contract
The most common type of real estate litigation is based on a breach of contract. This happens when the buyer and seller disagree on terms of the contract or one of the parties attempts to back out of the transaction. Both parties have legal remedies that may result in monetary (money) damages, termination of the contract, or specific performance.
Specific Performance
This type of case is sued when one party to the real estate contract fails to uphold their obligations under the contract. The purpose is to seek a court order to require that the party that has failed to perform to perform their obligations as required by the contract.
For example, specific performance would be used when a seller fails to convey the property to the buyers - backing out of the contract. In this scenario the buyer would seek specific performance as remedy to require the seller to transfer the property to the buyer. Specific performance is considered an equitable remedy which means that is based on fairness and the specific facts of the case. A court is not required to grant this remedy and may choose to award monetary (money) damages if the court deems this to be a more appropriate remedy.
If you feel specific performance may be a remedy for your situation then Contact us today to schedule a consultation. We will discuss your case, explain your options, and help you determine your next best steps.
Termination of Contract - Deposit Disputes
This is a legal remedy you would seek if the seller or buyer make a claim to the deposit. This arises when issues encountered due to property inspection, survey, or meeting the financial contingency requirements of the contract. If you are encountering a deposit dispute Contact us today to schedule a consultation. After you explain what has occurred we can guide you through the options.
At PeytonBolin, our team provides a range of legal services aligned with the needs of our clients. When you hire us, you will always receive one-on-one client attention and representation that helps you get the best outcome for your legal situation. If you need an attorney in Florida, contact us at 954-316-1339 to schedule a consultation and get the advice and representation you need.
AFTER YOU OWN THE PROPERTY
Quiet Title Action
When someone claims they own your property or a portion of the property a quiet title legal action is used to establish your right to ownership. Despite the fact that you have the deed and even pay the mortgage, when a person, trust or other business entity claims they have an ownership interest, a quiet title action will be necessary for you. Ultimately, you will not be able to sell your property in the future if their is a "cloud" (claim) against your property.
If you are encountering this kind of issue Contact us today to schedule a consultation. We can take immediate legal actions to resolve the matter!
Partition Action
Florida law allows property to be owned jointly by several persons or entities and this can cause an issue if the joint owners cannot agree as to sell or manage the property. This generally happens when children inherit property and become joint owners, an unmarried couple or individuals owners part ways, or when businesses dissolve and can't agree on asset distribution. The purpose of the partition action is have the court decide how the property will be sold and the proceeds distributed to the owners.
If you are encountering this kind of issue Contact us today to schedule a consultation. A partition lawsuit can be filed by a joint owner except if the property is owned by husband and wife as tenants by the entireties. We can assist you in determining if a partition action is right for your situation.