Real Estate Litigation In South Florida

The court has the discretion to award attorney fees on a case-by-case basis, but Florida courts consider four factors when determining whether a party is entitled to an award of attorney’s fees. Those four factors are reasonableness of the claim or defense, frivolousness of the claim or defense, motivation for bringing suit, and ability to pay.

When it comes to awarding attorney’s fees in connection with real estate litigation, here are some highlights from Title VI §61.1601(a)1-8 of the Florida Statutes:

Reasonableness of the Claim or Defense

This factor will always be present in every case that requests an award of attorney’s fees under section 61.1601. However, it is not automatically enough to entitle a party to an award of attorney’s fees. Instead, this factor must be weighed against the other factors that are present in the case.

The frivolousness of the Claim or Defense

A claim or defense is frivolous if it is groundless and not made in good faith. It does not matter whether what you are suing about has any merit so long as there was no reasonable cause for bringing suit—even if your opponent cannot prove his position.

Motivation for Bringing Suit

If someone knew they were wrong but filed a lawsuit anyway, chances are high that they will be required to pay attorney’s fees. On the other hand, if someone had a good faith belief in the merit of their lawsuit, there is a good chance they will not be required to pay attorney’s fees.

Ability to Pay

One important factor that has been consistently mentioned in any discussion of whether or not a party should have to pay attorney’s fees is that person’s ability to pay. In today’s society where most people are overworked and underpaid, judges take into account how much it would cost someone before ordering them to shell out more money.

Other Factors

There can be other factors in a case that may also influence a judge when awarding attorney’s fees in Florida real estate litigation. Only an experienced Florida real estate litigation lawyer can give you legal advice about your Florida real estate litigation case.

Attorney’s fees are not mandatory—the judge has the discretion to award attorney’s fees depending on the circumstances of your Florida real estate litigation case.

Court Costs Vs Attorney’s Fees

It is important to note that court costs are different from attorney’s fees. Court costs are fixed by Florida statute and usually consist of filing fees, service of process fees, garnishment filing fees, etc. Even though court costs are fixed by statute, courts have the ability to adjust those amounts based on the Florida real estate litigation facts of your Florida real estate litigation case. You can learn more about court costs in Florida here.

Get Immediate Legal Help

As you can see, there are many things to consider when it comes to Florida real estate litigation attorney’s fees. If you are considering Florida real estate litigation, it is in your best interests to consult with Florida real estate litigation lawyer so that you know all of your Florida real estate litigation options. Contact Michael Feinstein for more information on how he can assist you.

Coldwell Banker Real Estate Agent Sued After Double-Ended South Florida Sale

Barry Cohen and his wife made a generous offer for a waterfront South Florida home located in Sarasota on West Royal Flamingo Drive after falling in love with the property during a real estate showing. Even though their offer was $400,000 over the asking price, another bidder’s offer was accepted, prompting Barry to visit the homeowner and ask what had happened. 

Real Estate Agent Obscures Best Offer 

The owner and Barry Cohen soon discovered that Roger Pettingell, a real estate agent with Coldwell Banker, had acted as the transaction broker for both the owner and the winning bidder. In order to make the offer of the bidder for whom he served as a broker look more attractive to the homeowner, Pettingell was allegedly dishonest and hid information about the other offers to sway the owner’s decision. 

This proved effective since the owner of the property did not know that Cohen’s offer was the highest and that he volunteered to waive the inspection. As a result, the owner accepted a lower offer, not having been provided all offers in writing by Pettingell.  

Coldwell Banker Sued After Agent Collects Double Commission  

Acting as the transaction broker for the owner and winning bidder allowed Pettingell to collect a 6% commission on the sale, versus the 3% he would have collected had he only served as the broker for the owner. This totaled $276,000 or more than a quarter-million dollars on a single sale. 

Pettingell is now named as a defendant in a lawsuit against himself and Coldwell Banker, which alleges that Pettingell failed to meet his obligations to present all offers to the seller equally, in writing, in order to manipulate the seller into selecting the buyer whom Pettingell also represented. 

Get Help from a Real Estate Litigation Attorney Today 

In Florida, a real estate agent cannot represent both the buyer and seller of a property. However, the law allows agents to get around this by acting as a transaction broker for both. In situations like this, unscrupulous real estate professionals can take advantage of both buyers and sellers to collect a double commission. 

Get help with your real estate dispute from an experienced South Florida litigation attorney by contacting Feinstein Real Estate Litigation & Business Law at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), or 305-728-5267 (Miami). Our legal team is available now to assist you.