Sarasota Real Estate Litigation Attorneys
Helping Clients Resolve Real Estate Disputes in Sarasota
Real estate is the largest purchase that many Floridians will make in their lifetime. You have significant financial and property rights at stake in any real estate transaction. This is why it is so important to protect your legal rights by consulting with a real estate attorney before, during, and after any real estate purchase.
The following are some of the most common disputes our experienced real estate litigation attorneys come across. Contact us today about your specific situation.
Failure to Disclose
Case law and state statutes create specific disclosure obligations for all sellers of Florida real estate. Many real estate cases that are litigated across the country deal with this specific issue. A seller must disclose certain defects with the property that he or she knows about. A seller also cannot attempt to conceal defects. For example: if a seller covers termite-infested floors so that the buyer’s home inspector cannot adequately investigate their condition, this could be a breach of the duty to disclose.
The duty to disclose is subject to some very specific obligations under state law. There are also certain things that the seller does not have a duty to disclose to the buyer. This is why it is important to consult with an attorney about your specific disclosure issue.
There are a wide variety of problems a seller might encounter when attempting to procure a clear title to sell to the buyer. This is why real estate transactions are usually conducted through an escrow company that performs a title search on the subject property. If problems are uncovered during this investigation, the seller is given an opportunity to cure them. For example: if a seller was awarded title to the property in a divorce, but a deed was never executed to remove the former spouse from legal ownership, such a deed can be executed prior to the sale to the new buyer. This deed clears title to the property to the seller, who can, in turn, now provide clear title to the buyer.
Title companies issue insurance policies to protect the buyer and seller from later disputes that arise. This is why they perform a title search before issuing such policies. In the event that a problem arises which was not discovered during the escrow process, the title insurance policy can be used to settle damages arising from the dispute.
Speak with a Sarasota Real Estate Litigation Lawyer Right Away
These are not, of course, the only problems you might come across in a real estate transaction. It is important to consult with an attorney about the specific facts of your particular situation. It is also important to consult with an attorney as soon as you suspect that you might have any type of legal issue with your real estate transaction. The sooner you get legal advice, the better protected your legal rights will be. An experienced real estate attorney can help you meet filing deadlines, preserve evidence, find potential defendants, and take care of other important tasks to protect your right to compensation after a real estate transaction gone bad.
If you’re facing a real estate conflict, Inverso Law Group is ready to assist you. Call 941-926-6039 or contact us online today.