Jacksonville Real Estate Litigation Attorneys
Fighting for Your Rights & Best Interests in Real Estate Litigation
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Over Forty Years of Combined Experience
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Strong Real Estate Litigation Record
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Big Firm Resources. Personalized Service
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Highly Rated & Accredited
Your Trusted Legal Partner for Real Estate Litigation
If you are a property owner, renter, developer, or contractor dealing with a legal dispute, our Jacksonville real estate litigation attorneys offer specialized legal guidance and representation. We handle cases related to property disputes, zoning laws, breach of real estate contracts, landlord-tenant disagreements, and issues involving homeowners associations. Our specialized legal experts are equipped with extensive experience in both negotiation and courtroom representation, ensuring that your rights and interests are effectively protected in complex real estate matters.
Attorney James M. Flick has handled estate planning, business planning, asset protection planning, probate administration, trust administration, and guardianship administration cases for thousands of clients since 2011. Attorney Charles “Chad” R. Walker, Jr. is Florida Bar Board Certified in Construction Law and has handled hundreds of real estate disputes since 2001.
Florida Real Estate Laws
Florida’s real estate laws encompass a broad range of regulations and statutes governing property transactions and ownership. Key aspects include homestead exemptions, providing significant property tax relief, and creditor protection for primary residences. Florida also enforces strict disclosure requirements for sellers, mandating the revelation of any property defects known to them.
The state of Florida follows the lien theory for mortgages, meaning the borrower retains property ownership during the mortgage term. Additionally, Florida has specific laws for condominium and homeowners’ associations, regulating their operations and interactions with residents. These laws aim to balance the interests of property owners, buyers, sellers, and real estate professionals, ensuring fair and transparent property dealings in the state.
What Is Real Estate Litigation?
Real estate litigation involves legal disputes arising from property-related issues. It often involves complex interactions between various laws, contracts, and regulations. Common areas of contention include property ownership, boundary disputes, landlord-tenant disagreements, construction issues, zoning and land use conflicts, and title discrepancies.
Litigation can also arise from contractual disputes in property transactions or allegations of real estate fraud. These cases require navigating through intricate legal frameworks, often necessitating specialized legal expertise. Resolutions are sought through negotiations, arbitration, or court trials, aiming to uphold the rights and obligations of all parties involved while adhering to the specificities of real estate law.
What Does a Real Estate Litigator Do?
A real estate litigation attorney specializes in resolving legal disputes related to property and real estate. Their work involves representing clients in conflicts over property ownership, boundary disputes, zoning, land use issues, landlord-tenant disagreements, construction disputes, and title issues.
Our litigators are skilled in navigating complex real estate laws and regulations, providing counsel, drafting legal documents, and advocating for our clients’ interests. Often engaging in negotiations to settle disputes outside of court, we are also prepared to litigate in trial settings when necessary. As certified real estate litigation lawyers, our role is to ensure legal compliance, protect the rights of our client(s), and strive for an equitable resolution during contentious real estate matters.
Broker Liability
Broker liability concerns the legal responsibility of brokers, including real estate and insurance brokers, for their professional actions. It involves ensuring they adhere to industry regulations, provide accurate information, and act in their clients’ best interests. Failure to do so can lead to legal consequences, including lawsuits for negligence or misconduct.
Quiet Titles
Quiet title actions are legal proceedings used to resolve disputes or uncertainties over property ownership. They clarify and establish a party’s title to real estate, eliminating competing claims or interests. This process is essential for clearing title issues, ensuring clear property ownership, and facilitating smooth real estate transactions.
Breach of Promissory Note
A breach of promissory notes occurs when a borrower fails to fulfill the terms outlined in the note, such as missing payments or violating other conditions. This breach can lead to legal actions by the lender, including demands for immediate repayment, imposition of penalties, and potentially initiating foreclosure proceedings in real estate contexts.
Undisclosed Material Defects
Undisclosed material defects refer to significant issues in a property that are not revealed by the seller to the buyer. These defects, which can affect the property’s value or safety, must legally be disclosed in most real estate transactions. Failure to disclose can result in legal action against the seller.
Easement Disputes
Easement disputes arise when there’s disagreement over the use or extent of an easement, which is a right to use another’s property for a specific purpose. These disputes often involve issues like access rights, maintenance responsibilities, or the scope of the easement, leading to legal challenges and negotiations for resolution.
Trespassing
Trespassing involves entering or using someone’s property without permission. It’s a legal violation that can lead to civil or criminal consequences. Trespassing disputes often arise in real estate and land use contexts, where property boundaries and rights of access are contested, requiring legal intervention to resolve.
Enforcement of Restrictive Covenant
Enforcing restrictive covenants involves legally upholding conditions imposed on the use of property. These covenants, often found in deeds or community agreements, dictate certain restrictions, like architectural styles or land use. Violations lead to legal actions, ensuring compliance and preserving the intended character or use of the property area.
When Do You Need a Real Estate Lawyer?
Hiring a real estate attorney is advisable in complex or high-stakes property transactions. This includes buying or selling property, especially commercial real estate or properties with potential legal issues. Hiring the right local real estate attorneys is crucial for successfully navigating zoning laws, environmental regulations, and complex price or contract negotiations. TA legal professional is also essential when faced with any disputes over property boundaries, titles, leases, or easements.
In situations involving foreclosure, short sales, or dealing with property in probate, legal expertise ensures compliance with laws and protects one’s interests. Our experienced real estate attorneys can provide the necessary guidance for drafting and reviewing contracts, ensuring clarity, and avoiding future disputes while offering peace of mind in legally intricate or significant real estate matters.
Find a Jacksonville Real Estate Litigation Attorney Near Me
If you are dealing with a real estate dispute or process that requires legal assistance, contact our law firm to schedule a free consultation with a real estate litigation attorney in Jacksonville, Florida. We also have a team of Orlando real estate litigation attorneys on standby to help clients in the greater Central Florida area. Our legal team has the education and courtroom experience to provide professional but aggressive representation to help you get the best possible outcome for your case.
Client Success Stories
Discover why clients trust and recommend our legal services.
Charles “Chad” Walker has served Gibbs & Register, Inc. for the past ten years as our de facto general counsel. Chad has demonstrated both a broad knowledge of general legal matters and has been exceptional when it comes to construction law. His knowledge of both the law and the specifics of each issue he has advised us on has been well researched and his proposed strategies have been successful.
Amazing Just Amazing. The James and his team were fabulous. I want to thank everyone for helping me through this probate process. Every question I had you guys always answer and I am really thankful. The different modes of communication was wonderful especially for me that has a busy schedule. I would definitely recommend to anyone they are great at what they do.
Working with James and his team has been great. They are a hardworking group that cares about their clients. I highly recommend.
I had a great experience and would definitely use them again for any estate planning needs. Thanks guys!
