FLORIDA REAL ESTATE LITIGATION
Florida real estate litigation is a highly complex area of the law which frequently involves, in addition to having a comprehensive understanding of real estate law, holding an equally comprehensive knowledge of contract law, real estate development law, zoning and land use, the laws applicable to mortgage notes, real estate mortgages, lending law in general, construction and lien law, and other vital substantive areas of the law.
Our real estate litigators are trial lawyers who have decades of experience handling real estate-related litigation on an ongoing basis. We routinely represent owners and developers of multi-tenant office buildings, shopping centers, residential planned-unit development (PUD) communities, residential and commercial condominium developments and condominium conversions, commercial landlords and tenants, and other real estate industry clients in Florida real estate litigation disputes involving:
• Purchase/sale contracts, options and rights of first refusal, including breach of contract and default remedies, and the litigation of damage claims, specific performance rights, rescission and reformation remedies, liquidated damages remedies, as well as fraudulent inducement claims and declaratory judgment cases;
• Commercial lease agreements and options, including evictions, breach of lease agreement issues, rent acceleration remedies, tenant common area maintenance (“CAM”) litigation, and declaratory judgment matters arising under commercial leases and the interpretation thereof;
• Residential housing development litigation, including disputes between land owners selling undeveloped land to developers, master developer and sub-developer disputes, turnover litigation arising out of condominium association developer turnover to condominium unit owner control, and related cases;
• Secured loan litigation, including commercial foreclosure defense and lender liability claims, receivership defense, commercial loan guaranty enforcement defense, and commercial loan workouts;
• Co-ownership arrangements, including disputes between co-titleholders of real estate, partition actions, breach of contract actions against co-owners, accountings, and other disputes arising between co-owners of real property;
• Commercial real estate brokerage commission disputes, including litigating enforceability, interpretation, amount of damages, litigating brokerage claims against alter-ego entities to avoid commission claims, and similar commission dispute issues;
• Due diligence disputes arising out of real estate purchases and sales;
• Property Management Agreement disputes and disputes arising under operating agreements, including shopping center operator issues, as well as common area maintenance and other reconciliation issues in shopping center and multi-tenant assets;
• Ownership structures, including partnership, limited liability company and percentage disputes, such as dissolution, participation rights, termination and dilution (squeeze-down or freeze-out) issues;
• Significant construction disputes, including owner/developer claims against general contractor, engineers and architects.
We have the ability, judgment, and experience to address appropriately every type of real estate related dispute in any forum across the State of Florida.