Smith Barbara Business and Commercial.png

Real Estate Litigation Attorney in Florida & Tennessee

At Smith/Barbara, we have all the necessary experience and knowledge to effectively defend you in any real estate-related litigation. Because there are so many possible claims concerning real estate litigation, we understand the importance of looking at your case from every possible angle. Below, you will find the basic rundown of commonly seen real estate claims.


Common Real Estate Litigation Matters


The complexity of purchasing, selling, or leasing residential/commercial property makes it common for a wide variety of legal issues to arise. In most cases, people prefer to resolve their disagreements without going to court; however, sometimes court is necessary in order for both parties to obtain fair compensation.


At Smith/Barbara, we offer various services concerning real estate litigation, including:


  • Failure to disclose latent defects

  • breach of purchase or sale agreement

  • bridge of commercial leases

  • commercial and retail evictions

  • commercial landlord-tenant disputes

  • title disputes / quiet title actions

  • title insurance claims / title disputes

  • property development disputes

  • misrepresentations related to purchase or sale

  • Investment Partnership and LLC disputes

  • easements and adverse possession disputes

  • insurance disputes

  • negligent design, planning, or construction

  • property development disputes

  • lis pendens

  • mechanics or material men's liens

  • foreclosure representation

  • injunctions / injunctive relief

  • commercial real estate disputes

  • any other litigation involving real property


Common Residential Real Estate Disputes


Even in a seemingly simple residential transaction, various conflicts may arise. While the law offers legal protections for residential buyers, there are often factual disputes concerning what a buyer new about a property or what a seller communicated about its potential issues. Having a real estate litigation lawyer gives you the best chance at protecting your interests and assets.


  • Breach of Purchase or Sale Agreement


a sales or purchase agreement is a contract. In fact, residential transactions are legally required to meet various and specific guidelines. So, if one party fails to meet the agreements obligations, they are considered to be in breach of contract. When this happens, the other side has the right to file a lawsuit against the party in breach. It is important to note that in real estate cases, solutions for cases concerning breach of a purchase or sales agreement are not alwats limited to monetary compensation or damages. Sometimes, monetary damages are not enough to satisfy the filing party’s needs and they must be compensated by other means.


  • Failure to Disclose Latent Defects


the law requires that sellers of residential properties must inform buyers of certain defects. So, if a defect is later discovered by the buyer of the residential property, they may have the legal right to sue the party selling the property for failing to disclose the defect (even after the transaction has been completed). For example, latent defects can include president of radon in unacceptable levels, lead paint, foundation instabilities, and leaks in the roof or ceiling.


  • Misrepresentations


If the seller creates statements of fact they knew were false, or reasonably should have known were false, this is considered misrepresentation. So, if a transaction occurs on the basis of a misrepresentation, it gives the buyer (or whoever is hurt by the misrepresentation) the right to file a lawsuit. In some cases, misrepresentations are related to latent defects on the residential property. yet, it is important to know that material representation about any term of the purchase or sales agreement is reason enough for litigation.


Common Commercial Real Estate Disputes


It is no question that commercial real estate is more likely involved in higher stakes than residential real estate. However, the law spells out fewer protections for commercial buyers. Therefore, it is crucial to understand the risks involving commercial real estate transactions. Compared to a residential transaction, every document or file concerning the transaction will undoubtedly be more detailed and complicated. so, it is best to have a knowledgeable and experienced real estate attorney on your side when dealt with any of the below commercial real estate lawsuits.


  • Breach of Purchase or Sale Agreement


Even though there are far fewer legal standards and commercial transactions compared to residential transactions, the law still requires that all real estate contracts must be in writing. In most cases, commercial property transactions include a formal letter of intent to buy that is issued before the final purchase or sales agreement is even drafted. To avoid any unnecessary litigation, it is in your best interest to get any and all contracts and agreements reviewed and revised before signing. It is your responsibility to understand the complexity of the deal so that you are less likely to be in breach of contract. Unfortunately, breaches of the purchase or sales agreement are possible in a variety of ways. For example, you can be in breach of contract if you fail to secure financing or by failing to ensure the property is free from any hazards. Because commercial real estate often involves large amounts of money, these types of disputes often end up in court


  • Commercial Landlord- Tenant Conflicts


One of the most common commercial real estate litigations involves landlord-tenant issues. Most commonly, landlords and tenants often dispute about the amount of rent due, the proper formula for rent increases, payment of other fees, who pays for repairs, and how well a space is suited for its intended purpose. Often times, most landlord-tenant disputes can be avoided by having a lawyer negotiate the lease beforehand or by getting it reviewed before signing. This way, each party knows their rights and obligations outlined in the lease. 


  • Commercial and Retail Evictions


Evicting a commercial or retail tenant is a fully complex legal process. When it comes to commercial real estate, the lease agreement typically outlines the terms of eviction. Commercial and retail tenants are able to fight the landlords attempted eviction in court by making their claim improving the unlawful eviction.


  • Negligent Design, Planning, or Construction


If a buyer finds an issue with the property’s design, structure, or build, the tenant or buyer may have to go to court to recover damages necessary in fixing the defects. It is important to know that construction litigation cases will require inspections, expert testimony, and extensive and detailed documentation.


Real Estate Investors and Developers Disputes


In addition to buyers and sellers, real estate deals often involve developers, investors, and lenders. Because of this, it is important to acknowledge each of these parties’ interests and needs, as well as the complexity of involving multiple parties. This is especially important when dealing with real estate worth millions of dollars. Therefore, it is crucial that every single detail of the agreement is properly documented and reviewed for all the parties’ satisfaction.


  • Property Development Disputes


It is not uncommon for neighboring properties to want to use litigation in hopes that they can stop a development project. So, disputes often arise between contractors and developers, developers and lenders, and buyers and developers.


  • Partnerships and LLC Disputes Relating to Real Estate


Sometimes there are disputes between partnerships and LLCs because of investors’ use of complex business structures to handle investment holdings. In other words, some partnerships an LLCs are often controlled by different investors. These types of disputes can arise from conflicts involving how the profits from the property should be distributed and landlord -tenant issues concerning the purchase agreement.


  • Business Litigation Concerning Real Estate


It is not uncommon for real property to be tide up with other business matters. So, at Smith/Barbara, we are fully prepared to handle business disputes that relate to real estate. This can include cases dealing with complex commercial finance agreements where the property is used as collateral and other ownership disputes involving different legal entities.


To learn more, contact Smith/Barbara today.