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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
| Phase | What Happens | Typical Duration |
|---|---|---|
| Filing & service | Complaint filed, defendant has 20 days to respond | Week 1–4 |
| Case management | Judge sets discovery deadlines, mediation date, and trial date | Month 1–2 |
| Discovery | Depositions, document requests, expert designations | Months 3–10 |
| Mediation | Required before trial — most cases settle here | Months 6–12 |
| Motions | Summary judgment, motions in limine to exclude evidence | Months 10–18 |
| Trial | Jury or bench trial — most cases never get here | Months 18–30+ |
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.
| Question | Answer |
|---|---|
| How long does real estate litigation take in Fort Lauderdale? | Simple disputes resolved at mediation: 3–6 months. Contested cases that go through full discovery and trial: 18–30+ months. |
| Can I recover attorney fees if I win my real estate case in Broward? | Yes — if your contract has a prevailing party fee provision, which most Florida real estate contracts do. Courts enforce them strictly. |
| Do I have to go to mediation before trial in Broward County? | Yes. The 17th Circuit requires it in virtually all civil cases. Most attorneys treat it as the primary resolution opportunity. |
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.
