Real estate litigation attorney Miami

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Gallardo Law Firm real estate attorneys represent clients involved in real estate disputes including sellers, purchasers, developers, landowners, condominium associations, and brokers. Our legal team is equipped with the right resources to handle your situation. A real estate litigation attorney Miami can obtain significant recoveries in a real estate lawsuit and provide insightful legal advice.

This article will shed light on several essential real estate matters and how we can effectively handle them in court. From escrow disputes, quiet title litigation, partition of property, real estate contract disputes, to enforcing the law, your case is in good hands with a real estate litigation attorney Miami at Gallardo Law Firm. If you are involved in one or multiple real estate disputes, a real estate litigation attorney Miami can assess your current circumstances and help you choose the right course of action.

Most common real estate disputes

Our property dispute lawyers handle a variety of real estate disputes for our clients in South Florida. Unfortunately, a real estate dispute can be a complicated mess and find anyone in court. That’s why you must have the best legal representation.

Escrow deposit disputes

When someone purchases a home or tries to sell it, some steps must be followed. The buyer will make an offer and the seller will either counter it or accept it. The real estate purchase agreement will be signed, a deposit given, and a mortgage required. An escrow account is part of the whole process. It helps handle escrow deposits. But things can go wrong, and you may need a real estate litigation attorney Miami to help fix them. You can either get the deal close or walk away from it if your attorney believes you will be harmed along the way.

Quiet title litigation

Quiet title litigation involves several circumstances, but one of the most commonly filed actions is when a real estate investor obtains title through a tax deed auction. The real estate lawsuit pursues the removal of all clouds on title, including liens, leasehold interests, claims of heirs or prior owners, and several other issues. The individual filing this action is generally the one that believes his claim is valid and far superior to all other claims to the property.

The respondents are the ones with a lesser claim to the property. The court decides which claim is superior. If the judge favors a person seeking a quiet title, the other party’s rights are extinguished, and the property is conveyed to the party that brought the real estate lawsuit. Unfortunately, quiet titles are more difficult than they may seem. In most cases, a real estate litigation attorney Miami who specializes in this area of law is needed to walk you through the substantive and procedural issues.

Partition of property

In Florida, one or several individuals can own a property. Unfortunately, joint owners sometimes don’t agree and are unable to resolve their arguments amicably, and they are left with a remedy known as a partition of property. An action for partition involves a request to the court to decide what to do with the property and provide supervision along the way. Sometimes the partition process is required when children inherit property or for couples who become joint owners and then split up, or when business partners can’t agree on the division of such properties.

The action for partition of property can be filed by any of the joint owners in the County of the property. Once the real estate lawsuit has been filed, the court will determine the best course of action, whether to divide the property or sell it and divide the proceeds between the owners.

Real estate contract disputes

Every real estate deal starts with a contract. In the state of Florida, the real estate contract must be in writing to become enforceable. Often, contract disputes arise between sellers and purchasers. A real estate litigation attorney is brought in to handle these disputes. Real estate disputes often involve a fight over purchase deposit money, which sellers try to keep when the buyer fails to close. These disputes can lead to arguments fundamentally about who breached the contract.

That’s why is essential to write the contracts the right way so that if anything goes wrong, you are protected. It’s beneficial to master the main points of contract law. The real estate contract is enforceable only when the offer terms are openly accepted, and consideration is given back in return for the other party’s promise.

Interstate land sales full disclosure act

The Interstate Land Sales Full Disclosure Act (ILSA) involves developers selling a residential property and creating disclosures or a “property report” except property development and sales meet exemptions in the Act. Although the act was passed back in 1968 with many revisions throughout the years, ILSA still affects condo owners and developers. The law protects investors from purchasing a land that may not have the quality they thought it had. Florida attracts a lot of investors who want to purchase a condo.

But if their finances or the economy gets in the way, they may stop their commitment and turn to the Interstate Land Sales Full Disclosure Act. These investors will file a real estate lawsuit and claim many things. There are consequences for violating ILSA, including civil penalties, delaying a project or complete shutdown, and up to 5 years in prison. Whether you are a buyer or a seller, it is particularly important you hire a real estate litigation attorney to handle these transactions and go over your options, especially if you are involved in a new construction or renovation project.

Specific performance

In South Florida’s real estate market, it is common for buyers to back out of their property purchases, even shortly before closing a deal. Unfortunately, these defaulting buyers will not offer a reasonable excuse. They may not exercise a contractual cancelation, even when an attorney is present.

That can be a burden for investors, particularly international ones, who might find it difficult to manage from abroad. The good thing is that a real estate contract provides a remedy for some specific performance from the buyer. Your real estate attorney Miami can explain in more details what your options are.

Eminent domain litigation

Any title owner, whether he owns a commercial, residential or agricultural property, can be targeted with a domain action. That’s the legal process used by a government agency to force the transfer of a title in exchange for reasonable market value. These cases are commonly brought against by state and county authorities or agencies that may need a property for public use, typically roads. The most significant actions include real estate disputes about the government’s compensation to the owner.

There are many legal protections available for property owners. Property rights are very essential. In fact, Florida eminent domain laws provide substantial benefits and defenses to the title owners. At Gallardo Law Firm we can help you negotiate and fight for the maximum property value.

Residential and commercial real estate disputes enforcement

South Florida real estate is growing faster than most real estate markets elsewhere. A real estate litigation attorney best handles the legal aspects of real estate transactions. Many homeowners, buyers, sellers, builders, and any other individual or company in search of residential or commercial property can be involved in several challenging real estate disputes.

Although real estate agents are brokers and good at what they do, they may not be aware that the language of the purchase makes them liable. When overseeing real estate transactions, your attorney represents your best interests. A real estate litigation attorney Miami will negotiate, help you make a sound purchase and sale agreements, as well as provide you with sound advice or real estate litigation when necessary.

Contact a skilled real estate litigation attorney Miami

If you are faced with a complicated situation involving real estate law, a real estate litigation attorney Miami from Gallardo Law Firm can lead the way. We represent homeowners, landlords, tenants, and many other clients in several real estate issues. Our property dispute lawyers have experience with a variety of real estate litigation matters. If you believe you have a situation that you need to speak with us about, don’t hesitate to contact us to discuss your specific situation. We understand the importance of obtaining an efficient property dispute resolution and pride ourselves on the years of experience that have established our firm.

FAQS
Real estate litigation can resolve many real estate litigation matters, including landlord/tenant disputes, real estate contract disputes, lease and sales agreements, and many others. The property dispute lawyers at our firm have experience handling these issues and will make sure you are represented accordingly.
Most real estate disputes need experienced legal representation. Whether you are a seller, buyer, owner, or any other party involved in a dispute, we are here to answer any questions you may have.
It is possible to settle some real estate disputes through negotiating or mediation as long as the parties are able to agree, otherwise, the process can be complicated requiring a more aggressive approach such as litigation. Most property dispute lawyers try to solve the matter outside of the courtroom through negotiation first. If that does’ work out, real estate litigation may be considered.
A real estate lawyer Miami can help ensure that the seller of the property has a marketable property title and make sure that structures and assets are within the property purchased. The attorney will make sure full disclosure is available and warn clients about any potential problems with the property. There are also some paperwork and real estate contracts, which attorneys are familiar with. They will make sure their clients’ needs are properly represented.
There are many real estate disputes. Whether that includes disputes between tenants and landlords, foreclosures, zoning issues, construction issues, and neighbor disputes, or any other disputes that may arise when a property is purchased, it is essential you hire adequate real representation.
Residential property is for private using while commercial property is intended for industrial or business purposes. Some common private properties include townhouses, condominiums, and single-family homes. Commercial properties include shopping malls, parking garages, apartment buildings, and even farmland.
A real estate transaction involves transferring ownership of property from one party to another. This legal process covers transactions related to residential or commercial property and may range in value based on the property’s worth.
The title is essential evidentiary support of ownership. If you are purchasing a residential or commercial property, it is important you have real estate lawyer Miami review your title. The title should be clear to guarantee the appropriate transfer of ownership and help avoid future problems if the property is sold.
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