Fort Lauderdale Real Estate Litigation Lawyer

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 — 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.

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 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:

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