Real Estate Law in Florida
Are you looking to buy or sell property in Florida? Have you found yourself in the middle of a real estate dispute, or are you dealing with a landlord who refuses to make necessary repairs?
Florida real estate law governs the rights of both property owners and tenants. While many transactions proceed smoothly, unexpected challenges can and do arise. Issues may involve ownership rights, liability, or access disputes, and these problems often extend beyond just the buyer and seller. Because such matters are complex, legal support is often essential to protect your interests.
Types of Real Estate Disputes
Real estate disputes in Florida are common, and many quickly become complicated enough to require court involvement. Judges serve as impartial authorities in these situations, ensuring conflicts are settled in line with state law. Below are some of the most frequent real estate disputes Floridians face.
Escrow Deposit
Escrow accounts are a key step in Florida property transactions. They hold funds until the closing is complete, providing security for both buyer and seller. Disputes often occur when deals collapse and neither party agrees on who should receive the escrowed money. Because each side has a financial stake, escrow conflicts are one of the most common forms of real estate disputes.
Easement Real Estate Dispute
Easement conflicts are widespread in Florida, particularly when property changes ownership. An easement grants another party limited rights to use your land, often for access or utility purposes. These rights are usually included in property deeds, though not always clearly defined.
Problems occur when a neighbor insists on continued access based on prior arrangements. While open communication may resolve some disputes, many easement issues escalate and require court action to determine the validity of the claim.
Landlord/Tenant
Disputes between landlords and tenants are among the most frequent real estate conflicts in Florida. Common issues involve repairs, late rent, or failure to maintain habitable conditions. Because state law outlines specific protections, both landlords and tenants must carefully follow their legal obligations.
Under the Florida Residential Landlord and Tenant Act, tenants may legally withhold rent if landlords fail to make necessary repairs that render the unit uninhabitable. To do so, tenants must provide written notice, after which landlords have 20 days to complete the repairs. Once the work is done, the tenant must release any rent that was withheld.
Contract Breaches
Contracts are the foundation of every Florida real estate transaction. If a contract is missing essential provisions, uses unclear language, or otherwise fails to meet state requirements, disputes between buyers and sellers are likely.
Because these agreements are legally binding, both parties should ensure that contracts are clear, comprehensive, and enforceable before signing. Entering into a deal without a properly drafted contract is one of the most common causes of litigation in Florida real estate.
Fraud/Omissions
Fraud in real estate transactions is a serious concern in Florida and can carry heavy penalties. Fraud occurs when a party makes material misstatements, conceals information, or misrepresents facts to mislead another party.
Under Florida Statutes, mortgage fraud is a felony offense. A third-degree felony may result in up to five years in prison, while fraud involving loan values exceeding $100,000 can be prosecuted as a second-degree felony, punishable by up to 15 years.
Florida law also prohibits real estate brokers from using fraudulent or misleading advertisements. Violations can result in fines of up to $5,000 and the loss of a professional license.
Boundary Lines
Boundary disputes are another frequent issue in Florida real estate. These conflicts arise when adjoining owners disagree on the exact limits of their land. Because property records are not always clear or up to date, misunderstandings are common.
Typical disputes involve fences, trees, or landscaping placed near a property line. While some neighbors attempt to resolve these matters privately, self-help approaches often lead to greater problems. Courts provide the most reliable way to clarify and enforce boundary rights.
Ownership
Ownership disputes can complicate real estate in Florida. Conflicts often arise when property is transferred without documentation or when estates pass property without probate. Other claims may come from lienholders or third parties with financial interests.
Because ownership disputes can quickly become complex, resolving them usually requires proper documentation and, in some cases, judicial oversight to establish rightful title.
Liens
Liens can present major obstacles in Florida property ownership. A lien gives a creditor the legal right to claim against property to satisfy debts. While a property with liens may still be sold, liens often reduce value and complicate financing.
According to the Florida Bar, a judgment lien encumbers a debtor’s property, preventing the transfer of assets until the debt is resolved. Judgment liens initially last for 10 years, but they can be renewed for an additional 10 years through proper legal filings. Until released, liens can block sales and financing.
What Should You Do If You Are in a Real Estate Dispute in Florida?
If you are involved in a real estate conflict in Florida—whether over contracts, landlord-tenant issues, or fraud—it is best to seek help from an experienced attorney. A lawyer can review your situation, explain your options, and take steps to protect your rights.
Learn About Real Estate Law
Florida real estate law is broad and often complicated. Learning how it applies to your situation is essential. A knowledgeable attorney can explain your legal protections, assess risks, and build a plan to safeguard your property rights.
Work With an Experienced Real Estate Attorney in Florida
Real estate disputes account for a significant portion of civil litigation in Florida. However, not all conflicts go to trial. Many can be resolved through negotiation, mediation, or tailored court orders. Courts may award damages, injunctions, or other remedies depending on the dispute.
We connect clients with attorneys who understand Florida law and can pursue effective solutions to their real estate problems. Additionally, we can even help you connect with an attorney across Florida state lines.
Submit a request online or call (866) 345-6784 today to be matched with an experienced Florida real estate lawyer near you.
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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