When Real Property Disputes In Florida Become Litigious

Purchase And Sale Litigation: Earnest Money, Specific Performance And Disclosure Claims

Michael frequently handles litigation over purchase and sale agreements. They often involve earnest money or claims for specific performance to force a closing. Financing contingencies, appraisal gaps and inspection objections drive these cases. The first step is for him to call the opposing counsel to unstick the deal. He then provides a candid assessment of seller nondisclosure claims versus visible or hidden defects. He is always prepared to file or defend a lis pendens when necessary to protect your property rights.

Why Choose Michael A. France For Real Property Litigation?

When it comes to commercial litigation, you need a direct, trial-ready advocate. Michael has successfully resolved more than 1,000 disputes with a clear, effective strategy. It’s just him: you get direct access to your lawyer with no handoffs. His candor means you receive a blunt, plain-English risk assessment. Every detail of your case receives trial-ready preparation. His courtroom integrity has earned him the trust of judges and respect from his peers. His business insight and financial fluency guide a strategy to deliver clear, candid and effective commercial litigation that resolves disputes efficiently.

What To Expect In Florida Real Property Litigation: Process And Timeline

Florida real property litigation follows several standard civil procedure phases. The timeline depends on the court, case type and complexity. Contested cases often take 12 to 24 months to reach trial. These are what to expect in a real property litigation:

• Pre-suit evaluation and demand letter: Attorney France will review contracts, title records and correspondence to assess your claim and possible remedies. A demand letter may give the other party a chance to resolve the dispute before you file. This stage often takes two to six weeks.
• Filing, service and early motions: If the dispute continues, attorney France will file and serve the complaint. In most real estate cases, the defendant has 20 days to respond. Some summary proceedings, such as evictions, have shorter deadlines. Motions to dismiss may also follow. This phase often lasts one to three months.
• Lis pendens and injunctions: If the case involves property title or possession, a lis pendens may notify buyers and lenders about the pending case. If immediate or irreparable harm is likely, attorney France may also seek an injunction to protect the property or preserve the status quo.
• Discovery, mandatory mediation and dispositive motions: Both sides exchange written information, review documents and take depositions. Discovery often lasts six to 12 months. Florida procedure generally requires mediation in contested real estate cases before trial. If mediation does not resolve the case, either side may seek summary judgment on issues the court can decide without a trial.
• Trial preparation and trial: The legal team prepares witnesses, exhibits and pretrial motions. A judge may hear claims for equitable relief, while other cases may involve a jury. A trial may last one day or longer. Post-trial motions or an appeal may follow.

This road map helps property owners, buyers and investors decide when to negotiate, litigate, and protect their interests.

What Is Specific Performance In Florida Real Estate Contracts And When Can It Be Demanded?

Specific performance is a court order that requires a party to complete a real estate deal as agreed. Instead of awarding money, the court may require the party to complete the sale. This remedy may apply because each piece of real estate is unique and money may not fully replace the property.

Buyers may seek specific performance when a seller refuses to close on a valid contract. Sellers may also seek it when a buyer defaults without a valid contractual excuse.

Courts will grant specific performance only when:

• A valid contract exists
• The requesting party has performed their obligations
• The remedy at law or damages, is inadequate
• The terms are clear and fair.

Time is critical – delays in seeking this remedy can result in denial.

Can A Seller In Florida Be Sued For Not Disclosing Property Defects?

Florida law requires sellers of residential property to disclose known material defects that are not readily observable and could affect the property’s value or desirability. This duty applies to residential property. Commercial real estate transactions may follow different rules, and buyers may have greater duties to inspect the property.

If a residential seller hides a known defect or gives false information on disclosure forms, the buyer may have claims for fraudulent misrepresentation or breach of contract. A key issue is whether the seller knew about the hidden defect when selling the property and failed to disclose it.