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Quick Summary Breach of contract, undisclosed property defects, boundary disputes, and unresolved title issues are the most frequent causes of real estate litigation in Southwest Florida — and many of these conflicts are preventable with careful contract drafting and...
The Florida case CNJ Realty Assocs., LLC v. Yankiv illustrates the complexities surrounding contract enforcement in real estate transactions. At its core, the case revolved around the question of when a real estate contract becomes effective. This question ultimately...
What is procuring cause? How do you make sure that you are the procuring cause of the sale, so you earn your Commission? These questions are vitally important to Realtors® in a competitive market. The cases say that a broker is considered to be the procuring cause of...
Procuring cause refers to the individual who is chiefly responsible for connecting the buyer with the seller. This individual then receives a commission after the sale of a home. However, it’s not unusual for two brokers or agents to be involved in a home purchase....
Nothing serves as an obstacle to a property closing quite like a hitch in the title process. If a title search shows that there are some encumbrances, one option is a quiet title action. A quiet title action is a legal proceeding that is used to help establish...
Often, your home is the place that you look forward to returning to after a hard day’s work. Additionally, it may be somewhere that you enjoy social gatherings with close friends and family members. Unfortunately, disputes over boundaries can disrupt your ability to...
Being a landlord is both financially rewarding and risky. On the one hand, you have a steady source of income. On the other, you may land bad tenants who cause lots of trouble or costly damage. One way to protect yourself against potential expenses is by requiring a...
You have finally signed the closing papers on your dream home and are looking forward to you and your family relaxing. The last thing you would want after purchasing your home is to find out substandard building materials are lowering your house’s value and possibly...
Sometimes being a master of procedure is how you win the day in court and protect your client from improper foreclosure. We can illustrate this point with an example from an appearance The made recently in a foreclosure case. In the case,...
Under Florida Law, the five-year statute of limitations on foreclosure begins to run when the last payment is due unless the mortgage or promissory note contains an optional acceleration clause. When the promissory note or a mortgage contains an optional acceleration...