# Real Estate Litigation Fort Lauderdale Real Estate Litigation Lawyer ## Protecting Your Property. Fighting for the Outcome You Deserve. [Get a Free Consultation](https://gpacmpdev.wpenginepowered.com/contact-us/) - Palm Beach County - Broward County - Miami-Dade County Case Results ## Our Case Results [View All Case Results](https://gpacmpdev.wpenginepowered.com/cases/) - Edmondson v. Tri-County Electric Services - Successful Lien Foreclosure Defense - Deluca v. Schicker - Successful Lien Foreclosure Defense - Philemond v. Advanced Construction & Remodeling by Rulx - Successful Lien Foreclosure Prosecution - Edmondson v. Tri-County Electric Services - Successful Lien Foreclosure Defense - Deluca v. Schicker - Successful Lien Foreclosure Defense ## Understanding Real Estate Litigation in Florida Real estate disputes move fast, involve real money, and are rarely as simple as “who’s right” and “who’s wrong.” Florida property law draws on centuries of legal developments, shaped by a state constitution that gives homeowners unusual protections, and enforced through statutes that are often technical and unforgiving. Whether you’re trying to recover what you’re owed or defending against a claim, the details of the underlying contract, lease, or governing document usually decide the outcome. ### Types of Real Estate Disputes We Handle - **Commercial & Residential Landlord-Tenant Disputes** — lease defaults, non-renewal disputes, security deposit disagreements, and evictions. - **Condominium & HOA Disputes** — assessment disputes, governance and voting conflicts, enforcement of restrictive covenants, and disputes between owners, boards, and developers. - **Partition Actions** — forcing the sale or division of co-owned property when the owners can’t agree on what to do with it. - **Quiet Title Actions** — clearing clouded title, resolving competing ownership claims, and correcting defective conveyances. - **Boundary & Easement Disputes** — encroachments, adverse possession claims, and disputes over access rights. - **Property Insurance Disputes** — denied or underpaid claims following storm, water, or other property damage. - **Escrow & Closing Disputes** — disputes over earnest money deposits, failed closings, and breach of purchase and sale agreements. - **Broker Commission & Procuring Cause Disputes** — disagreements between agents, brokers, or brokerages over who is entitled to a commission. - **Property Damage Disputes** — claims arising from damage to real property, including damage tied to construction or renovation work. - **[Municipal Code Enforcement Disputes](https://gpacmpdev.wpenginepowered.com/fort-lauderdale-municipal-law-lawyer/)** — challenging or responding to code violations affecting commercial or residential property. ### Who We Represent Michael Garcia, P.A. represents two groups of clients in real estate litigation, and our approach differs for each. For businesses, investors, developers, and commercial property owners, we focus on disputes with real financial stakes, including cases where our clients either have the resources to fund litigation through resolution, or a strong statutory or contractual basis to recover attorney’s fees from the other side. For individual property owners, we handle disputes over a home, an inherited property, or a shared investment, where getting the outcome right matters as much as getting there quickly. ## Florida Real Estate Litigation: Deadlines and Notice Requirements You Can’t Afford to Miss ### Statute of Limitations for Property and Contract Claims Under Chapter 95 of the Florida Statutes, most real estate-related claims are subject to a statute of limitations period, generally five years for a written contract and four years for an oral contract, fraud-based claims, or claims involving injury to real property. Once the applicable period runs, the right to sue is generally lost, regardless of the merits of the underlying claim. ### HOA and Condominium Association Dispute Requirements Chapter 720 (homeowners’ associations) and Chapter 718 (condominiums) each impose specific pre-suit requirements before certain disputes can be litigated, including mandatory mediation or arbitration for many disputes between an association and a parcel owner. Skipping these steps can delay, or in some cases even bar, a later lawsuit. ### Landlord-Tenant Notice Periods Chapter 83 requires specific written notice before many landlord-tenant disputes can proceed, as short as 3 days for nonpayment of rent, and longer for lease violations or termination without cause. The required notice period and method of delivery must be followed precisely, or an eviction or damages claim can be dismissed on a technicality. ### Quiet Title and Partition Action Considerations Quiet title actions (Chapter 65) and partition actions (Chapter 64) are governed by their own procedural rules, including specific requirements for identifying and serving all parties with an interest in the property. An incomplete or improperly served action can leave a title cloud unresolved even after a judgment. [Schedule Your Free Consultation](https://gpacmpdev.wpenginepowered.com/contact-us/) - Property Disputes Move Fast. So Should You. - Whether you're pursuing a claim or responding to one, the facts and deadlines involved in a property dispute don't wait for you to feel ready. The sooner we look at your situation, the more options you have. ## How a Real Estate Dispute Moves Through Broward County Courts - **Pre-suit review and demand** — We evaluate the dispute, review governing documents (contracts, leases, association declarations, deeds), and, where required or strategically useful, send a formal demand or notice before filing suit. - **Satisfying pre-suit requirements** — For HOA, condo, and certain landlord-tenant matters, you must complete required notice periods or mediation before filing a complaint. - **Filing the complaint** — The case is filed in the Broward County Circuit Court (17th Judicial Circuit) or County Court, depending on the amount in controversy. - **Discovery** — Both sides exchange documents, written discovery, and depositions to build the factual record. - **Motion practice** — Dispositive motions, motions to dismiss, and other pretrial motions are argued before the assigned judge. - **Mediation** — Broward courts frequently require mediation before trial, and many real estate disputes resolve at this stage. - **Trial or final resolution** — If the case doesn’t settle, it proceeds to trial, where the amount in controversy determines whether a jury is available. ## Litigating Your Case: From Filing to Resolution Filing suit, or being served with one, is rarely the end of the story. Michael Garcia, P.A. handles real estate litigation from the initial complaint through trial, including: - Prosecuting and defending [breach of contract](https://gpacmpdev.wpenginepowered.com/fort-lauderdale-contract-dispute-lawyer/) and breach of lease claims - Pursuing or defending partition and quiet title actions - Litigating HOA and condominium disputes on behalf of owners, boards, and developers - Recovery of damages, costs, and prejudgment interest - Pursuing prevailing-party attorney’s fees where a statute or contract provides for them - Representing clients in mediation, arbitration, and settlement negotiations ## If You’ve Been Sued: Defending Property Owners and Businesses Being served with a real estate lawsuit doesn’t mean the other side is right, and Florida law gives defendants real ways to push back: Many real estate claims depend on the plaintiff having served a required notice, such as a demand, an HOA pre-suit notice, or a landlord-tenant notice, before filing suit. A notice that was never served, served late, or served to the wrong party can be grounds to dismiss the case outright. - Improper Notice or Service Defenses If a claim is filed after the applicable limitations period under Chapter 95 has run, it may be barred regardless of its underlying merit. - Statute of Limitations Defenses Where a dispute arises from a contract, lease, or association document, defenses can include failure of a condition precedent, prior breach by the other party, waiver, or ambiguous or unenforceable contract terms. - Contractual Defenses - The plaintiff lacks standing to bring the claim - The property description or legal claim is defective - The claim was already resolved through a prior settlement or release - Required pre-suit mediation or arbitration was never completed - Other Common Defenses ## Contracts, Leases & Closing Documents: Preventing Disputes Before They Start Most real estate litigation starts with paperwork that could have prevented it. We help clients get ahead of disputes by reviewing: - Purchase and sale agreements before and during a transaction - Commercial and residential leases - HOA and condominium governing documents and amendments - Partnership and co-ownership agreements for jointly held property - Settlement agreements and releases, to make sure they resolve what they’re supposed to ## When Litigation Isn’t the Right Path: Alternative Resolution Options Not every real estate dispute needs to go to trial to be resolved. Depending on the facts, we can pursue: - Mediation and settlement negotiation - Arbitration, where a contract or association document requires it - Pre-suit demand and negotiation to resolve a dispute before litigation begins - Structured buyout or exit agreements for co-ownership disputes ## Free Consultation, Response in Under an Hour. [Schedule Your Free Consultation](https://gpacmpdev.wpenginepowered.com/contact-us/) Client Voices ## Featured Testimonials Our Firm ## Why Michael Garcia, P.A. Michael Garcia, P.A. was founded in 2015 on a simple idea: fight assertively for clients, communicate honestly every step of the way, and never lose sight of the people behind the case. Founding attorney Michael Garcia brings courtroom and public-sector experience that’s genuinely uncommon in South Florida real estate litigation. With over 250 trials, he also has extensive experience from his time as assistant city attorney for Miramar and Lauderdale Lakes, city attorney for North Lauderdale, special counsel for the Town of Pembroke Park, and outside counsel to the Broward Sheriff’s Office. He also taught Construction Law at Broward College. That municipal background is important for real estate matters: disputes involving zoning, code enforcement, and local government process come up constantly in property litigation, and Michael has sat on both sides of that table. Michael personally handles most client consultations, including reviewing the facts, being direct about whether a case is worth pursuing, and explaining costs before anything moves forward. Michael Garcia, P.A., has built one of the most active real estate, construction, and business litigation practices in Broward, Palm Beach, and Miami-Dade counties, with a no-nonsense approach focused on results and a commitment to keeping clients informed throughout. [About Us](https://gpacmpdev.wpenginepowered.com/about-us/) [Michael Garcia](https://gpacmpdev.wpenginepowered.com/about-us/michael-garcia/) Founding attorney The Team [Nandani Anjalie Deokarran](https://gpacmpdev.wpenginepowered.com/about-us/nandani-anjalie-deokarran/) - Nandani Anjalie Deokarran - Associate attorney [Cedric Small](https://gpacmpdev.wpenginepowered.com/about-us/cedric-small/) - Cedric Small - Associate attorney [Maria H. Jacome](https://gpacmpdev.wpenginepowered.com/about-us/maria-h-jacome/) - Maria H. Jacome - Senior Paralegal | Colombian Attorney [Marta Khaleel](https://gpacmpdev.wpenginepowered.com/about-us/marta-khaleel/) - Marta Khaleel - Paralegal / Legal Assistant [Tasha Gordon](https://gpacmpdev.wpenginepowered.com/about-us/tasha-gordon/) - Tasha Gordon - Paralegal / Office manager Areas We Serve ## Areas We Serve Michael Garcia, P.A., proudly represents property owners in construction lien disputes throughout South Florida. FAQ ## Frequently Asked Questions About Florida Real Estate Litigation Contract disputes, failed or delayed closings, undisclosed property defects, boundary and easement disputes, title issues, landlord-tenant disagreements, and HOA or condominium conflicts are among the most common triggers for real estate litigation in Florida. - What are the most common causes of real estate litigation in Florida? Depending on the facts, yes, particularly where the issue involves an undisclosed defect, misrepresentation, or a breach of the purchase and sale agreement. Whether a claim is viable depends on what was disclosed, what the contract says, and how much time has passed since closing. - Can I sue over a problem discovered after closing? It varies significantly. Some disputes resolve in a matter of months through negotiation or mediation, while others, particularly those involving multiple parties or extensive discovery, can take a year or more to reach trial. - How long does real estate litigation take in Broward County? Generally, only if a statute or the governing contract, lease, or association document provides for it. Many real estate contracts and HOA/condo documents include a prevailing-party attorney’s fees provision. We review your documents early to identify whether one applies. - Can I recover my attorney's fees if I win? For many HOA and condominium disputes, and where a contract requires it, yes, and pre-suit mediation or arbitration is often mandatory before a lawsuit can proceed. - Do I have to mediate or go through arbitration before I can sue? A partition action forces the sale or division of co-owned property when the owners can’t agree on what to do with it. A quiet title action resolves a dispute over who actually holds valid title to a property, clearing any clouds on that title. - What's the difference between a partition action and a quiet title action? It depends on the type of notice. Nonpayment of rent notices under Chapter 83 can require action within as few as 3 days, while other notices carry longer windows. The notice itself should specify the deadline. - I received a landlord-tenant notice. How much time do I have to respond? **Yes.** Michael Garcia, P.A. represents both parties bringing real estate claims and parties defending against them, including property owners, businesses, investors, developers, and community associations. - Do you represent both plaintiffs and defendants in real estate litigation? **Yes.** We offer a free initial consultation to review your situation. If we take on your case, billing is hourly from that point forward, and we discuss the fee structure with you upfront. - Is my initial consultation really free? We bill hourly and can offer flexibility with monthly payments so long as the balance stays within an agreed threshold. We’ll walk through the specifics during your free consultation. - What does it cost to work with Michael Garcia, P.A. on a real estate litigation matter? Take the Next Step ## Let Us Protect What's Yours A property dispute doesn't get easier by waiting, and neither does a lawsuit you've been served with. Whether you're pursuing a claim or defending one, reach out today for a free consultation. We respond to new inquiries in under an hour during business hours. - Serving Broward, Palm Beach, and Miami-Dade counties. - Se habla español. - FIRST NAME - LAST NAME - PHONE - Email - HOW CAN WE HELP? - Website --- Michael Garcia, P.A. — [https://gpacmpdev.wpenginepowered.com/fort-lauderdale-real-estate-litigation-lawyer/](https://gpacmpdev.wpenginepowered.com/fort-lauderdale-real-estate-litigation-lawyer/)