Real estate transactions in Florida can be complex, and disputes often arise during the buying, selling, or leasing process. Understanding common real estate disputes and the legal avenues available for resolution is crucial for property owners, buyers, and investors. This guide provides an overview of frequent real estate disputes in Florida, relevant statutes and case law, and methods for resolving these issues.

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Common Real Estate Disputes in Florida

1. Breach of Contract

Breach of contract is one of the most prevalent causes of real estate litigation in Florida. Disputes often occur when one party fails to fulfill their obligations under a purchase and sale agreement, lease, or other real estate contracts. Common issues include:

• Failure to close on time

• Non-disclosure of material facts

• Disagreements over earnest money deposits

Legal Framework:

• Florida Statutes § 725.01: Requires real estate contracts to be in writing to be enforceable.

• Case Law: Sepe v. City of Safety Harbor, 761 So. 2d 1182 (Fla. 2d DCA 2000), emphasizes the importance of adhering to the contract’s plain language.

Resolution Methods:

• Negotiation or mediation

• Specific performance or monetary damages

• Contract rescission

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2. Title and Boundary Disputes

Disputes over property boundaries or title issues can lead to significant legal conflicts. Common scenarios include:

• Encroachments by neighboring properties

• Disagreements over easements or access rights

• Title defects such as liens or unclear ownership

Legal Framework:

• Florida Statutes Chapter 64: Provides the statutory basis for partition actions, allowing co-owners to seek division of property.

• Case Law: State v. Florida Real Estate Commission, 99 So. 2d 582 (Fla. 1957), discusses property rights and title disputes.

Resolution Methods:

• Quiet title actions

• Boundary line agreements

• Mediation or arbitration

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3. Failure to Disclose Property Defects

Sellers in Florida are legally obligated to disclose known material defects that affect the value or desirability of a property. Failure to do so can lead to legal action.

Legal Framework:

• Johnson v. Davis, 480 So. 2d 625 (Fla. 1985): Established the duty of sellers to disclose known defects.

• Florida Statutes § 475.278: Requires real estate licensees to disclose material facts.

Resolution Methods:

• Lawsuits for fraudulent misrepresentation

• Contract rescission

• Monetary damages

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4. Landlord-Tenant Disputes

Conflicts between landlords and tenants are common and can involve issues such as:

• Non-payment of rent

• Lease violations

• Evictions

Legal Framework:

• Florida Statutes Chapter 83: Governs landlord-tenant relationships, including lease agreements and eviction procedures.

Resolution Methods:

• Mediation or arbitration

• Legal eviction proceedings

• Lease termination or renegotiation

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5. Construction Defects and Contractor Disputes

Disputes related to construction defects or contractor performance can arise during or after property development or renovation.

Legal Framework:

• Florida Statutes § 489.141: Pertains to the Homeowners’ Construction Recovery Fund and requirements for claims.

• Case Law: Bessey v. Department of Business & Professional Regulation, Case No. 2D2023-1273 (Fla. 2d DCA 2024), discusses contractor obligations and recovery funds.

Resolution Methods:

• Breach of contract claims

• Claims against the Homeowners’ Construction Recovery Fund

• Mediation or arbitration

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Methods for Resolving Real Estate Disputes

Alternative Dispute Resolution (ADR)

Florida encourages the use of ADR methods, such as mediation and arbitration, to resolve real estate disputes efficiently.

• Florida Statutes § 44.104: Authorizes voluntary binding arbitration and trial resolution.

• Florida Statutes § 718.1255: Requires mediation or nonbinding arbitration for condominium disputes before court litigation.

Litigation

If ADR methods fail, parties may resort to litigation in Florida courts.

• Florida Rules of Civil Procedure: Govern the process for filing and conducting lawsuits.

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Conclusion

Real estate disputes in Florida can be complex, but understanding common issues and the legal frameworks governing them can help parties navigate conflicts effectively. Whether through negotiation, ADR, or litigation, resolving disputes promptly is essential to protect property rights and investments.

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