If you need a real estate attorney to help you in a case that involves real estate, then it is important to find one who specializes in the type of law you are dealing with.
There are many ways to do this. You can ask friends, family or coworkers who have used a lawyer for this purpose, or check with your state bar association.
Property Ownership Issues
Real estate transactions involve a lot of legal issues. Whether it’s purchasing an apartment, selling your current home or buying a residential investment property, you need a real estate lawyer who can help you sort through all the complicated details.
Finding a real estate litigator in Miami who is experienced with your case is key to securing the best possible outcome. Here are a few things you should look for in a prospective lawyer:
KO represents clients in a wide range of real estate disputes, including real estate purchase and sales agreements, mortgages, landownership, easements, title issues and more. We serve the needs of individuals, businesses and financial institutions. Our Miami, Fort Lauderdale and Boca Raton offices provide advice, consultation and litigation services.
Contract Disputes
Purchasing and owning real estate is one of the most important investments an individual or business will make. Real estate is an asset that will be used over and over again for many years to come – so disputes over property often have serious consequences.
A Florida real estate litigator can help you navigate these issues to resolve your case efficiently and effectively. Whether you are a seller, buyer, landlord or tenant, real estate litigation can be an effective tool to obtain your legal rights and to redress perceived wrongs.
Disputes involving contracts between parties are among the most common types of real estate litigation. These cases typically arise in connection with purchase and sale agreements, lease renewals and terminations, rental increases and evictions, and disagreements regarding tenants’ rights to repair and maintain their rented properties.
Quiet Title Issues
If you are dealing with a dispute regarding property ownership, you need to find a real estate litigator in Miami that can help. An experienced attorney will be able to identify the key issues in your case and ensure you get the best results possible.
A quiet title action is a lawsuit filed to clear a property of any clouds on its title, such as unpaid mortgages, unsatisfied judgments or liens, claims of heirs and other issues. The court then signs a judgment that removes all adverse claims and interest from the property, so that the recorded chain of title is free from gaps or encumbrances.
Florida attorneys who specialize in quiet title actions will perform a thorough search of the title for all potential encumbrances and liens that can be brought against the property. In addition, they will also seek to ensure all potential claimants have been found and accounted for in the process.
Defaulting Buyers
In the real estate market, it is not uncommon for buyers to back out of their property purchases even just days before closing. These defaulting buyers provide no explanation, refuse to answer requests to close or mediate and do not exercise contractual cancellation — even when an attorney represents them throughout the transaction.
In these situations, a seller may need to seek legal recourse in order to recover their damages. Typically, this means seeking specific performance from the buyer.
Partition of Property
Partition of real property is a court-ordered process that can help resolve co-ownership issues between partners. Often, this is needed when children inherit property, when couples become joint owners and then split up, or when business partnerships can’t agree on the division of their assets.
During the partition process, the court orders that the property be sold and that the proceeds be divided amongst the co-owners. This is a fair way to deal with property issues.
Despite the fact that this can be a costly and lengthy process, it is a necessary tool in resolving co-ownership issues. An experienced real estate attorney can help you navigate this complex issue.