Real Estate Law in Melbourne, 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 Melbourne, 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 Melbourne 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 Melbourne 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 Melbourne, 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 Melbourne real estate lawyer to straighten things out.
It is mandatory for Melbourne sellers to disclose certain facts or conditions about the property. For example, in Johnson v. Davis, the Florida Supreme Court held that sellers must disclose issues that affect the property’s value or desirability. However, this only applies if the issue would not be obvious to a buyer. In addition, Melbourne sellers also have a statutory duty to provide information regarding radon levels, erosion issues, and homeowner’s associations. These disclosures do not necessarily have to be in writing, but many sellers choose to use a disclosure form. Keep in mind that all of these rules still apply, even if the Melbourne property is sold “as is”.
Contract Breaches
No Melbourne, 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 Melbourne without a valid mutually beneficial contract.
Landlord/Tenant
Disputes often arise when Florida landlords and tenants cannot agree on repairs, rent arrears, and more. Melbourne, 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.
Most Melbourne rental disputes fall under Florida’s Residential Landlord and Tenant Act. These statutes require tenants to pay their rent and keep the property clean and damage-free. On the other hand, the laws create numerous responsibilities for Melbourne landlords. For example, landlords have to allow peaceful and private possession, and give adequate notice before entry. Furthermore, landlords must perform necessary repairs to keep the premises fit to live in. In addition to state laws, Melbourne landlords must also adhere to the city’s housing code.
Boundary Lines
Property line disagreements usually occur when adjoining Melbourne, 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 Melbourne 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.
If you don’t pay a court judgment, Florida statute allows the creditor to attach a lien to your property. For real estate in Melbourne, the creditor must file the judgment with the Brevard County Clerk of Court. Once the lien is attached to your property, it is valid for 10 years. However, the creditor can request one extension, for a total of 20 years.
What Should You Do If You Become Involved in a Real Estate Dispute In Melbourne, 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 Melbourne real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
Melbourne 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 Melbourne, 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 Melbourne 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.
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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.
