Real Estate Law in Fort Myers, FL

What Is Real Estate Law?

Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home? Whether or not you are a property owner or tenant, you have rights under Fort Myers, Florida real estate law. Developers, property managers, and investors can also face property issues. Common reasons for this include property rights, access, liabilities, and more. These matters are complicated, so the best first step is to seek the counsel of a qualified Fort Myers real estate attorney.

Types of Real Estate Law Disputes

Disputes involving real estate are very common and some of them are quite complex. They often require the intervention of the courts. The courts are seen as the most biased party to weigh in fairly. Learn more about the different types of real estate disputes below.

Escrow Deposit 

If you decide to purchase any Fort Myers property, there are certain steps all involved parties must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.

Easement Real Estate Dispute

Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in Fort Myers, FL  property deeds. Regardless of the reason for the dispute, the resolution often involves hiring an experienced real estate law attorney. Still, one step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.

Fraud/Omissions

Some unscrupulous sellers try to take advantage of buyers by withholding information. Ultimately, they may do this to impact the outcome of the transactions and future ownership. Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with an experienced Fort Myers real estate lawyer to straighten things out.

Several Florida statutes require Fort Myers sellers to disclose information about the property to the buyer. Some of these disclosures involve radon levels, erosion issues, and homeowner’s associations. In addition, a Florida Supreme Court ruling requires sellers to disclose any known, latent issues that would affect the value or desirability of the property. These disclosures are mandatory, even if the buyer and seller agree that the property is being sold “as is”. Fort Myers sellers who intentionally violate the disclosure rules can face liability for damages after the sale.

Contract Breaches

No Fort Myers, Florida real estate transaction is enforceable without a contract. Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction in Fort Myers without a valid mutually beneficial contract.

Landlord/Tenant

Disputes often arise when Florida landlords and tenants cannot agree on repairs, rent arrears, and more. Fort Myers, FL tenant and landlord laws are very complex and failure to adhere to them can cause either party to violate the rights of the other. Not only is a valid rental agreement crucial, so is having good legal counsel.

Both parties in a Fort Myers rental agreement are bound by the Florida Residential Landlord and Tenant Act. These laws provide rules for evictions, notification periods, and other areas that may or may not be written into the lease. In addition, other laws, such as Florida’s Fair Housing Act and Fort Myers City Ordinances, create further rights and responsibilities in a rental situation. These laws protect Fort Myers tenants from discrimination and unsafe living conditions.

Boundary Lines

Property line disagreements usually occur when adjoining Fort Myers, FL property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors. Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some Florida property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.

Ownership

Ownership issues are common when an owner verbally transfers ownership without documentation. These disputes often happen when someone bequeaths their real estate to another without going through the proper process. Or, there can be other parties with ownership rights, such as certain lien holders. 

Determining the rightful owner of a property in Fort Myers is not always easy. Many factors and issues can arise when disagreements over real estate exist.

Liens

Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must clear before securing a mortgage or financing.

Under Florida statute, a court judgment creates a lien on both your personal and real property. However, the lien does not attach automatically. Creditors wishing to attach a lien to your Fort Myers real estate must file the judgment with the Lee County Clerk. Liens are valid for 10 years, but the creditor can request one renewal, for a total of 20 years.

What Should You Do If You Become Involved In a Real Estate Dispute In Fort Myers, Florida?

If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, you may want to speak with a qualified Fort Myers real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.

Learn About Real Estate Law

Fort Myers real estate law is quite complex. It is important for you to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.

Work With an Experienced Real Estate Attorney In Fort Myers, Florida

Real estate disputes make up the majority of litigation cases. Not all issues require you to go to trial. You should work with an experienced Fort Myers lawyer who has the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.

Get the legal help you need now. We help Florida landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Florida state lines. 

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!