A lis pendens in Florida is one of the most powerful — and most disruptive — legal tools in real estate disputes. If one has just been recorded against your property, you’re probably finding out because a title company flagged it, a buyer walked away, or a lender declined your refinance. A Florida lis pendens tells the world that your property is tied up in pending litigation. Understanding what it means, whether it’s valid, and how to fight it is the difference between getting your transaction back on track quickly — or watching it sit frozen for months.

What Exactly Is a Lis Pendens?

The Legal Meaning

Lis pendens is Latin for “suit pending.” Under Florida Statute § 48.23, it’s a recorded notice in the public property records warning potential buyers and lenders that the property is subject to active litigation. Once recorded in the county where the property sits, it becomes visible to any title search — and most buyers and lenders will not close on a property carrying one.

Who Files It and Why

Anyone with a lawsuit that directly affects title or possession of a specific piece of real property can file a Florida lis pendens. Common situations include:

• Mortgage foreclosure actions — the lender puts the world on notice before the foreclosure sale
• Partition actions — co-owners seeking to force a sale or divide jointly held property
• Breach of contract claims — a buyer or seller asserting rights to a specific deal
• Specific performance suits — demanding a court force a sale to proceed
• Construction lien foreclosures — contractors enforcing unpaid lien claims

If someone filed one against your property and you’re not sure why, a Florida real estate litigation attorney can pull the underlying case and tell you exactly what you’re dealing with within hours.

How a Lis Pendens Kills a Real Estate Transaction

Title Companies Won’t Insure It

This is the practical problem. A title company runs a search before any closing. The moment they see a recorded lis pendens, they will either decline to issue title insurance entirely or exclude the lis pendens-related claims from coverage. Without title insurance, no lender closes. And most cash buyers walk too — because they’d be taking a property subject to whatever the lawsuit decides.

The Buyer Could Lose Everything

If a court ultimately rules in favor of the claimant after a sale went through, that ruling can unwind the transaction or subordinate the buyer’s interest. Florida courts have voided sales that happened with knowledge of a recorded lis pendens. That’s why even sophisticated buyers won’t touch a property with an active notice.

A lis pendens clouds the title and can stop a sale in its tracks until the dispute is resolved.

How to Challenge a Florida Lis Pendens

Motion to Discharge

The most direct route is asking the court to discharge the lis pendens. You file a motion arguing that the underlying lawsuit doesn’t directly affect title or possession — or that the claimant can’t show a fair nexus between the property and their claim. Florida courts have discharged lis pendens filings where the connection to the property was too indirect. If successful, the notice is removed from the records and your title clears.

Requiring a Lis Pendens Bond

Even when the claim has merit, Florida courts can require the claimant to post a lis pendens bond — cash or surety — to protect you from damages if their lawsuit ultimately fails. This creates real financial pressure on claimants who don’t have a strong case. It’s a powerful negotiating tool in the right circumstances.

Serving a Demand to Commence Action

If the lien is tied to a contractor or creditor claim, you can serve a written demand requiring them to file suit within 60 days. If they don’t, the lis pendens is extinguished by operation of law. This is a standard tactic used by Florida construction litigation attorneys to clear title when a contractor recorded a lien but hasn’t followed through with a foreclosure action.

Lis Pendens vs. Related Concepts

Frequently Asked Questions

Act Fast — A Lis Pendens Gets More Expensive the Longer It Sits

Every day a Florida lis pendens stays on your property is another day a deal can fall apart or carrying costs pile up. Feinstein Law handles real estate litigation including lis pendens challenges and contract disputes throughout South Florida. Call (954) 767-9662 or reach us through our contact page.

About Feinstein Law: Feinstein Law is a Fort Lauderdale firm handling real estate, business, and construction litigation throughout Broward, Miami-Dade, and Palm Beach counties.

If you suspect a real estate agent, property manager, or transaction professional in Florida violated your trust — took a deal that should have been yours, failed to disclose a conflict of interest, or put their own financial interests above your legal interests — you may be dealing with a breach of fiduciary duty in Florida real estate. Florida real estate fiduciary duty violations are legally actionable, and the damages can be substantial. But these cases require understanding exactly who owed you a duty, what that duty required, and how they fell short.

Who Owes a Fiduciary Duty in Florida Real Estate Transactions

It’s Not Everyone in the Deal

The existence of a fiduciary duty in Florida real estate depends on the specific relationship — not every party to a transaction has one. Understanding who owes you a fiduciary duty is the threshold question in any potential claim.

• Florida real estate brokers and agents — owe fiduciary duties to their clients under § 475.278, including loyalty, confidentiality, obedience, full disclosure, and accounting
• Attorneys representing you at closing — owe fiduciary duties as your legal representative
• Property managers — owe fiduciary duties to property owners for the funds and property they manage
• Trustees handling real property — owe the full fiduciary duty to trust beneficiaries
• The other party’s agent — owes duties only to their client, NOT to you unless they’re acting as a transaction broker

Transaction Broker vs. Single Agent

Florida uses a unique designation system. A single agent owes you full fiduciary duties including undivided loyalty. A transaction broker has a lower standard — they facilitate the deal but don’t owe you the same loyalty. If your agent switched from single agent to transaction broker without proper written disclosure, that’s a potential violation of Florida real estate law.

What Breach of Fiduciary Duty Looks Like in Florida Real Estate

Common Violations by Agents and Brokers

• Failing to disclose a known material defect the agent learned during the transaction
• Representing both buyer and seller without proper dual agency disclosure and consent
• Steering a client away from a better deal to protect the agent’s commission or relationship with the other side
• Disclosing a buyer’s maximum budget or urgency to the seller without authorization
• Recommending a specific inspector, lender, or attorney who pays the agent referral fees without disclosure
• Usurping a client’s opportunity — buying a property the agent learned about through the agency relationship

If any of these patterns match your situation, a Florida real estate litigation attorney can evaluate whether the conduct crossed the line from poor service into actionable breach.

What You Have to Prove in a Florida Real Estate Fiduciary Duty Case

Evidence That Matters Most

Email communications between the agent and the other party, text messages, MLS activity records showing when the agent knew what, and financial records showing undisclosed referral fees or commissions are the most powerful evidence in these cases. Preserve everything before you confront the agent or make any formal complaint. Filing a complaint with the Florida Real Estate Commission (FREC) is a separate process from a civil lawsuit and can proceed simultaneously.

Damages Available for Florida Real Estate Fiduciary Duty Violations

• Compensatory damages — financial losses directly caused by the breach
• Disgorgement — commissions or fees earned through the breach can be forfeited
• Rescission — in serious cases, the transaction itself can be unwound
• Punitive damages — available when conduct was intentional and egregious

Frequently Asked Questions

A Real Estate Fiduciary Duty Breach in Florida Is Legally Actionable — Act Quickly

Feinstein Law represents buyers, sellers, and investors in Florida real estate fiduciary duty claims and real estate litigation throughout South Florida. Call (954) 767-9662 or visit our contact page.

About Feinstein Law: Feinstein Law is a Fort Lauderdale litigation firm handling real estate, business, and contract disputes throughout Broward, Miami-Dade, and Palm Beach counties.

If you’re asking whether you can sue a contractor for defective work in Florida, you probably already have water coming through your ceiling, foundation cracks spreading across your floor, or an electrical system that failed inspection — and the contractor has stopped returning your calls. Suing a contractor for defective work in Florida is absolutely an option, and Florida law gives you several strong tools to pursue it. But the process has strict deadlines and mandatory pre-suit steps that can kill your case if you miss them. Here’s exactly what you need to know before you do anything else.

What Counts as Defective Work Under Florida Law?

The Legal Definition

Florida’s Construction Defect Statute (Chapter 558) defines a defect as any deficiency in design, specifications, surveying, planning, supervision, or construction that results in physical damage to the structure. That’s a broad definition — and intentionally so. It covers faulty workmanship, defective materials, code violations, and design errors that affect your property’s value or safety.

Common Examples That Lead to Lawsuits

• Foundation cracks or settling from improper soil preparation
• Water intrusion through faulty window seals, roofing, or waterproofing
• Electrical or plumbing work that fails code inspection
• Structural failures from undersized framing or inadequate concrete
• Mold resulting from poor ventilation or moisture control
• Tile, flooring, or stucco defects tied to substandard installation

Not every imperfection qualifies. Florida courts ask whether the work deviated from industry standards or the specific contract terms. If you’re unsure whether your situation crosses the line, an experienced Florida construction litigation attorney can help you assess it before you spend a dollar on anything.

Who Can You Actually Sue?

It’s Not Always Just the General Contractor

You’re probably focused on the GC — the person or company you wrote the check to. But Florida construction defect claims can run up the entire chain. You might have valid claims against multiple parties at once, which matters because some defendants carry insurance and others may not.

Potential Defendants

• General contractors — responsible for project delivery and supervising all subs
• Subcontractors — directly liable for their specific scope of work
• Architects and engineers — liable when the defect traces to design errors or negligent specs
• Material suppliers — liable when defective products caused the problem
• Developers — may carry implied warranty of fitness liability on new construction

Identifying all responsible parties early is something a Florida real estate litigation attorney will do as a first step. Wait too long and some parties walk away protected by Florida’s statute of repose.

Florida’s Chapter 558 Pre-Suit Notice — You Can’t Skip This

What the Law Requires

Before you file a lawsuit, Florida law requires you to serve a written Chapter 558 notice of claim on the contractor. This notice must describe the defect in reasonable detail. The contractor then has 45 days (or 30 days for smaller residential repairs) to inspect the property and respond — either with a repair offer, monetary settlement, or denial.

Why This Step Actually Matters

Skipping it can get your case dismissed. But done right, the pre-suit process gives your attorney leverage. If the contractor ignores the notice, denies it without inspection, or makes a lowball offer, that becomes part of your litigation record. Courts look at how both parties behaved before the lawsuit was filed. The Florida DBPR also handles contractor license complaints separately — which is worth pursuing in parallel.

Deadlines — This Is Where Cases Die

Statute of Limitations vs. Statute of Repose

These are two separate clocks, and both can end your right to sue:

The repose deadline is the one that surprises people. Even if you just discovered the defect, if the project was completed more than 10 years ago, your claim is likely gone. If you’re inside that window, don’t wait — contact a Florida construction attorney today.

What Damages Can You Recover?

• Cost of repair — what it actually costs to fix the defective work
• Diminution in value — reduction in your property’s market value
• Consequential damages — temporary housing, lost rent, mold remediation costs
• Attorney fees — recoverable in some cases under contract or statute

Do You Need an Expert Witness?

Yes — Courts Require It

Florida courts require expert testimony in construction defect cases to establish what the standard of care was and how the contractor deviated from it. You’ll typically need a licensed engineer, contractor, or architect who can inspect the defect, document it, and testify about causation. Your attorney handles finding and retaining the right expert — but understand upfront that it’s a cost of litigation. Complex litigation like this moves faster and more efficiently when expert retention happens early.

Frequently Asked Questions

Getting Your Property Fixed — and Your Money Back

You shouldn’t have to absorb the cost of work that was never done right. Feinstein Law represents property owners and developers in Florida construction defect disputes throughout South Florida. Call (954) 767-9662 or visit our contact page to talk through your situation.

About Feinstein Law: Feinstein Law is a Fort Lauderdale-based litigation firm representing clients in construction disputes, real estate litigation, and business litigation throughout Broward, Miami-Dade, and Palm Beach counties.

Most South Florida business owners wait too long before calling a business litigation attorney. By the time they act, the other side has already filed a lawsuit, frozen a bank account, or hired aggressive counsel that put them at a significant disadvantage from the start. Knowing the warning signs that your business dispute is heading toward litigation — and acting before it gets there — is the difference between a quick resolution and years of costly court battles. Here are five signs that you need a business litigation attorney in South Florida right now.

South Florida’s business environment — driven by real estate, finance, hospitality, and international trade — produces a high volume of commercial disputes. From Fort Lauderdale to Miami, Broward County courts see a constant stream of breach of contract cases, partnership blow-ups, non-compete violations, and commercial landlord-tenant conflicts. The businesses that come out ahead are the ones that recognized the warning signs early and got the right counsel involved before the situation became a courtroom fight.

A South Florida business litigation attorney does not just show up for trial — they help you assess risk, send the right pre-suit communications, evaluate whether mediation or litigation is smarter, and build the strongest possible position before the other side makes their first move.

Sign 1: You Received a Demand Letter or Legal Threat

A written demand letter from an attorney is not a bluff. It is a formal signal that the other party is prepared to litigate if you do not comply or respond appropriately. Ignoring it — or responding emotionally without legal guidance — almost always makes the situation worse. The moment you receive a business demand letter in Florida, you need an attorney reviewing it and preparing your response.

Sign 2: A Business Partner Is Acting Outside Their Authority

If a business partner is signing contracts you did not approve, diverting clients, moving company funds, or refusing to provide financial information they are obligated to share, these are not internal HR issues — they are legal violations. Florida law and your operating agreement define what partners can and cannot do. A business litigation attorney can send a cease-and-desist, seek emergency injunctive relief, or initiate dissolution proceedings before the damage becomes irreversible.

Sign 3: A Contract Dispute Is No Longer Being Handled Through Normal Communication

When emails stop being answered, payments are withheld without explanation, or the other side starts copying their attorney on communications, the dispute has escalated beyond what a handshake or a phone call will fix. Contract disputes in South Florida — over services, deliverables, payment terms, or breach of exclusivity — move quickly from informal disagreement to formal litigation. Getting an attorney involved at this stage can still resolve the matter through negotiation or mediation before a lawsuit is filed.

• Monitor communications for signs of escalation — copied attorneys, formal letters
• Document all agreements and changes in writing
• Preserve evidence before the situation becomes adversarial
• Act quickly — Florida statutes of limitations are short
• Emails go unanswered for more than a week on a payment or deliverable dispute
• The other party’s attorney is now CC’d on all communications
• Payments are being withheld without written explanation
• The other side is building documentation against you — you should be too

Sign 4: You Are Facing a Non-Compete or Trade Secret Violation

Former employees or partners who violated a non-compete agreement or took proprietary client lists and business information are creating legal exposure for you if you do not act — and creating liability for themselves. Florida courts do enforce properly drafted non-compete agreements under Florida Statute §542.335. Emergency injunctive relief can stop the violation within days of filing if the facts support it. Delay here is costly.

• Unpaid rent or breach of the lease terms
• Withholding security deposits without proper documentation
• Wrongful exclusion from management or business operations

Sign 5: Someone Filed a Lis Pendens on Your Property

• A lis pendens recorded against your property signals that someone is claiming a legal interest in it through pending litigation
• It clouds your title and prevents a clean sale or refinancing
• The wrong move in the first days after a lis pendens is recorded can significantly worsen your position in the underlying dispute

What a South Florida Business Litigation Attorney Does for You

• Get emergency injunctions within 24-72 hours to stop ongoing harm
• Negotiate favorable settlements that avoid months of litigation
• Reviews demand letters and assesses legal exposure
• Negotiates with opposing counsel before litigation
• Files emergency motions for temporary restraining orders
• Manages discovery and depositions
• Prepares for trial or settlement negotiations

Key Actions to Take Immediately

• Document all communications and agreements in writing
• Preserve evidence — emails, contracts, financial records
• Contact a litigation attorney within days, not weeks
• Do not attempt self-help remedies without legal guidance
• Understand your deadlines — Florida has strict filing limits

When to Contact a Business Litigation Attorney in South Florida

Do not wait for the situation to escalate further. Here are the specific moments when you should pick up the phone:

• You received a cease-and-desist letter or legal demand from the other side
• A partner, client, or vendor stopped responding to your communications
• Someone has recorded a lis pendens or filed a lien against your property or business assets
• Clear written demand letter with specific claims and deadline
• Preserve all communications as evidence for court
• Act before statute of limitations expires
• Consider mediation before filing suit to save costs

Quick Checklist: Do You Need a Business Litigation Attorney?

• You received a written demand letter or legal notice
• A business partner is acting outside their authority
• Contract communication has broken down
• Someone filed a lis pendens or other legal action against you
• You are facing enforcement of a non-compete or confidentiality agreement

If any of these apply, call an attorney now — do not wait.

Frequently Asked Questions: Business Litigation in South Florida

Key Takeaways When You Need a Litigation Attorney

• Do not ignore demand letters — they signal the other side is prepared to litigate
• Partner misconduct requires immediate legal action to stop ongoing harm
• Contract disputes escalate quickly without attorney involvement
• Non-compete violations can be stopped with emergency injunctive relief
• A lis pendens on your property requires immediate response

What to Do When You Receive a Legal Threat

• Do not ignore demand letters or legal notices — they signal intent to litigate
• Consult an attorney immediately before responding in writing
• Preserve all evidence and communications related to the dispute
• Review your contracts and insurance policies for coverage or notice requirements

Do Not Wait — Get a Business Litigation Attorney on Your Side Now

If any of these five signs apply to your situation, you are already behind where you should be. Feinstein Law represents South Florida businesses in commercial litigation, contract disputes, partner conflicts, and real estate matters throughout Broward, Miami-Dade, and Palm Beach counties. Call (954) 767-9622 or use our contact page to speak with a litigation attorney today.

About Feinstein Law

Feinstein Law is a Fort Lauderdale litigation firm representing businesses and individuals in complex commercial disputes and real estate litigation across South Florida.

If you’re dealing with a real estate litigation matter in Fort Lauderdale, you’re probably wondering how long this takes, what it actually costs, and whether going to court is even worth it. Fort Lauderdale real estate litigation runs through Broward County’s 17th Judicial Circuit — one of the busiest court systems in Florida — and the process looks very different depending on whether you’re in a contract dispute, a title fight, or a construction defect case. Here’s what the process actually looks like from start to finish.

Florida Statute §44.102 provides the legal framework for these disputes.

How Fort Lauderdale Real Estate Litigation Starts

Learn more at Florida Business Corporation Act. Florida Rules of Civil Procedure (real estate litigation)

Pre-Suit Demand and Notice Requirements

Most Fort Lauderdale real estate disputes begin with a formal demand letter — a written notice from one party’s attorney setting out the legal basis for the claim and what remedy they’re seeking. In some cases, like Florida construction defect claims, a statutory pre-suit notice under Chapter 558 is legally required before filing. Missing that step can result in a dismissal. In standard contract disputes, there’s no mandatory pre-suit notice — but sending one creates a record and often resolves the matter without court involvement.

Filing in Broward County’s 17th Circuit

Civil real estate cases in Fort Lauderdale are filed in the Broward County 17th Judicial Circuit Court. Claims over $30,000 go to circuit court; smaller claims go to county court. The filing fee, service of process, and initial case management conference set the litigation timeline. Broward’s circuit judges are experienced with commercial and real estate matters — but their dockets are full, which means cases move on the court’s schedule, not yours.

The Litigation Timeline in Broward Circuit Court

Why Most Cases Settle Before Trial

Broward County courts require mediation in virtually all civil cases before trial. The combination of mediation costs, expert witness fees, and attorney time means most Fort Lauderdale real estate litigation resolves before trial — often because both sides do the math and realize settlement makes more financial sense. A realistic Fort Lauderdale real estate litigation attorney will map out that math for you early.

Types of Real Estate Cases Filed in Fort Lauderdale Courts

What Broward Circuit Court Sees Most

• Breach of purchase contract — failed closings, deposit disputes, specific performance claims
• Seller non-disclosure claims — concealed defects on residential and commercial properties
• Commercial lease disputes — eviction, rent disputes, CAM reconciliation fights
• Construction defect litigation — defective work by contractors, subcontractors, or developers
• Quiet title actions — resolving competing ownership claims or clearing title clouds
• Partition actions — co-owners forcing a sale when they can’t agree

Costs of Fort Lauderdale Real Estate Litigation

What You Should Budget For

• Attorney fees — $300–$600/hour for experienced Fort Lauderdale real estate litigators
• Expert witnesses — appraisers, engineers, contractors at $200–$500/hour; required for most defect and valuation disputes
• Deposition costs — court reporter, transcript, and preparation time add up quickly
• Mediation fees — typically $600–$2,000 per party split equally
• Trial costs — contested trials add significant attorney time, jury fees, and exhibit costs
• Florida Civil Procedure Rules — governs Broward County Circuit Court litigation

Florida’s prevailing party attorney fee statute means that if your contract has a fee clause — which most real estate contracts do — the winner can recover those costs. That changes the risk calculus significantly. The Florida attorney fees statute (§ 57.105) also allows fee awards for frivolous claims and defenses.

Frequently Asked Questions

For more information, see Broward County Clerk Court Information.

For more information, see Florida Courts System.

Fort Lauderdale Real Estate Disputes Require Local Knowledge and Litigation Experience

Feinstein Law handles Fort Lauderdale real estate litigation in Broward’s 17th Circuit for buyers, sellers, landlords, tenants, and investors. Call (954) 767-9662 or reach us at our contact page.

About Feinstein Law: Feinstein Law is a Fort Lauderdale firm handling real estate litigation, business disputes, and construction law throughout Broward, Miami-Dade, and Palm Beach counties.