How Florida Zoning Decisions Can Harm Your Property Value

Denial of a Zoning Variance or Conditional Use Permit

Zoning disputes often involve complex interpretations of local land use regulations. Property owners may challenge decisions made by zoning boards, planning departments, or code enforcement officers when they believe those decisions conflict with existing rights, violate due process, or misapply the governing zoning ordinance. A Florida real estate attorney experienced in zoning appeals can identify weaknesses in the municipality’s reasoning and build a compelling case for reversal or variance approval.

When you purchase property or inherit land, you often assume you can develop or use it in the way you envisioned. But a city or county can refuse to grant the zoning variance or conditional use permit you need, leaving your land stranded. If your neighbors’ properties were rezoned or granted similar exceptions in the past, a zoning denial may be both unfair and legally challengeable. A Florida zoning attorney can evaluate whether the denial was arbitrary, capricious, or contrary to the comprehensive plan.

Comprehensive Plan Conflicts

Florida cities and counties must follow a “comprehensive plan” as established by the Florida Department of Environmental Protection — a legal document that guides land use, density, and infrastructure. If your property is not aligned with the plan, or if the plan was recently changed without your input, you may have legal grounds to challenge the zoning restriction. Many property owners discover after-the-fact that a plan amendment cost them millions in unrealized development potential.

Common Zoning Dispute Scenarios

• Denied variance for a commercial use on residential land
• Conditional use permit revoked due to neighborhood opposition
• Land reclassified or downzoned due to comprehensive plan updates
• Setback, height, or density restrictions that block your intended use
• Inconsistent enforcement of zoning rules across the same district
• Wetland or environmental restrictions added after purchase

When to Challenge a Zoning Decision

The Timeline Matters — Act Fast

In Florida, the deadline to appeal a zoning decision is often just 30 days from the date it was issued. Miss that window and you may lose your legal right to challenge it. Appeals go to the local zoning board or city council first, then to circuit court. A real estate litigation attorney can file an expedited appeal or seek a temporary injunction if the zoning decision threatens imminent harm to your property value.

Standards for Appealing

You must show that the zoning decision was “arbitrary, capricious, or in violation of the Comprehensive Plan” — a high bar, but not impossible. You’ll need evidence: comparable properties that were treated differently, economic data showing the impact, expert opinions on the plan’s intent, and documentation of the decision-making process.

Frequently Asked Questions

Zoning Disputes Don’t Resolve Themselves

If a zoning decision is blocking your development plans or reducing your property’s market value, waiting is not an option. Feinstein Real Estate Litigation & Business Law handles zoning appeals and challenges throughout South Florida. Call (954) 767-9662 or contact us at our contact page immediately.

About Feinstein Real Estate Litigation & Business Law

A South Florida real estate and business litigation firm with 30+ years of experience, including zoning appeals and comprehensive plan challenges. Serving Fort Lauderdale, Broward, Miami-Dade, and Palm Beach Counties.

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The Three Most Common Florida Real Estate Contingencies

Financing Contingency

The financing contingency gives the buyer the right to cancel and recover their deposit if they cannot obtain a mortgage commitment by a specified date. The key details are in the specifics: what type of loan, what interest rate ceiling, and how many days to obtain approval. A buyer who loses financing after the contingency period expires may forfeit their deposit. Sellers who accept offers without ironclad financing contingencies take on real risk of a failed closing.

Inspection Contingency

Florida’s standard residential contract gives buyers a defined inspection period — typically 10–15 days — during which they can have the property professionally inspected and, in most contracts, cancel for any reason or no reason. This is often called a “free look” period. After it expires, the buyer is locked in. Sellers should understand that during this window the buyer can walk away with their full deposit. Buyers should use every day of it.

Appraisal Contingency

When a property appraises below the purchase price, a buyer with an appraisal contingency can renegotiate or cancel. Without one — common in competitive markets — the buyer must make up the gap in cash or lose their deposit. In South Florida’s luxury real estate market, appraisal gaps are frequent. A Fort Lauderdale real estate attorney can help buyers negotiate appraisal contingency language that truly protects their position.

Contingency Deadlines Are Non-Negotiable

Missing a Deadline Can Cost You the Deal or the Deposit

Florida courts treat real estate contract deadlines seriously. A buyer who fails to provide written notice of cancellation by the inspection period deadline loses the right to cancel under that contingency. A seller who fails to cure a title defect by the title commitment deadline may be in breach. These are not technicalities — they are enforceable contract terms. The Florida Bar consistently emphasizes that buyers and sellers should track every deadline in their contract with the same care as any legal obligation.

Waiving Contingencies in Competitive Markets

In hot markets, buyers sometimes waive inspection or appraisal contingencies to make their offer more attractive. This strategy carries significant risk. Waiving an inspection contingency means you take the property as-is — including any defects the seller failed to disclose. If hidden defects surface after closing, your only recourse is a fraud or concealment claim against the seller, which is harder to prove than a simple contract dispute.

Seller’s Perspective: Using Contingencies Strategically

• Request proof of pre-approval before accepting an offer with a financing contingency
• Negotiate shorter inspection periods — 7 days instead of 15 gives you faster certainty
• Include kick-out clauses that allow you to continue marketing during a contingency period
• Make sure the appraisal contingency language defines what “appraised value” means

According to Florida Realtors, contingency disputes are a leading cause of failed closings and post-closing litigation in South Florida. The language matters as much as the concept.

Frequently Asked Questions

Know What You Signed Before It’s Too Late

Every Florida real estate contract contingency has a deadline and a consequence. If you are heading into a transaction or already in a dispute over one, Feinstein Real Estate Litigation & Business Law can review your contract and protect your position. Call (954) 767-9662 or visit our contact page for a consultation.

About Feinstein Real Estate Litigation & Business Law

30+ years of real estate and business litigation experience in South Florida. Serving buyers, sellers, developers, and investors throughout Broward, Miami-Dade, and Palm Beach Counties.

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Florida’s Landlord-Tenant Law: The Basics

The Florida Residential Landlord and Tenant Act

The primary statute governing residential leases is Florida Statute Chapter 83. It covers everything from lease termination to security deposit handling, habitability requirements, and eviction procedures. Neither landlords nor tenants can waive many of these protections — lease clauses that attempt to do so are often unenforceable.

Security Deposit Rules

Florida law gives landlords strict deadlines for handling security deposits. After a tenant vacates, the landlord must either return the deposit within 15 days or send written notice of intent to claim within 30 days. Missing these deadlines — even by one day — can forfeit the landlord’s right to keep any portion of the deposit. Tenants who do not object to a timely claim within 15 days waive their right to dispute it. A real estate litigation attorney can help either party navigate these tight windows.

The Florida Eviction Process

Proper Notice Is Required First

Before filing an eviction lawsuit, a Florida landlord must serve the tenant with the appropriate written notice. For non-payment of rent, this is a 3-day notice to pay or vacate. For lease violations, it is a 7-day notice to cure or vacate. For month-to-month tenancies with no violation, the landlord must give 15 days’ notice before the end of the rental period.

Self-Help Evictions Are Illegal

Florida prohibits landlords from removing a tenant by changing locks, removing doors, or shutting off utilities without a court order. Self-help evictions expose the landlord to liability for the tenant’s actual damages plus attorney fees. The Florida Courts system processes residential evictions quickly — usually within 2–4 weeks — making the legal route faster than most landlords expect.

Tenant Habitability Rights

Florida landlords must maintain rental properties in a structurally sound, pest-free, and functional condition. This includes working plumbing, electrical systems, heating, and a secure roof. When a landlord fails to make required repairs after proper written notice, tenants in Florida have limited remedies — including withholding rent under specific procedures or terminating the lease in severe cases. This area of law is highly procedural; tenants who skip the notice requirements often lose rights they would otherwise have had.

• Repair requests must be in writing to preserve legal rights
• Landlord has 7 days to begin repairs for essential services after notice
• Tenants cannot unilaterally withhold rent without following the statutory process
• Code enforcement complaints are protected — retaliation is a recognized defense

The Florida Bar advises both landlords and tenants to document everything in writing and to understand the notice requirements before taking any unilateral action.

Commercial Lease Disputes Are Different

Florida’s Chapter 83 residential protections do not apply to commercial leases. Commercial tenants have fewer automatic protections, and lease terms govern almost everything. If you are involved in a Florida commercial lease dispute, the analysis is different and legal counsel is even more critical.

Frequently Asked Questions

Know the Law Before the Dispute Gets Out of Hand

Whether you are a landlord protecting your investment or a tenant defending your home, Florida landlord-tenant disputes move fast and the procedural rules are unforgiving. Feinstein Real Estate Litigation & Business Law handles both sides of residential and commercial tenancy disputes. Call (954) 767-9662 or visit our contact page.

About Feinstein Real Estate Litigation & Business Law

A South Florida firm with over 30 years of experience in real estate litigation, landlord-tenant disputes, commercial lease conflicts, and business law. Serving Fort Lauderdale, Miami, Boca Raton, and throughout South Florida.

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Common Types of HOA Disputes in Florida

Fines and Assessment Disputes

HOAs have the authority to levy fines for violations of community rules, but Florida law limits how and when they can do so. Under Florida Statute § 720.305, an HOA cannot fine a member more than $100 per violation per day, with a cap of $1,000 per violation unless the governing documents allow more. Before imposing a fine, the HOA must give proper notice and an opportunity to be heard before a fining committee.

Lien and Foreclosure Threats

An HOA can place a lien on your property for unpaid assessments and, in some cases, foreclose on that lien. This is one of the most aggressive collection tools available to a community association — and one of the most legally regulated. If you receive a lien notice or a foreclosure threat over HOA dues, contact a Fort Lauderdale real estate litigation attorney before responding.

Board Misconduct and Transparency Issues

Florida’s Homeowners Association Act (Chapter 720) requires boards to hold open meetings, maintain financial records, and allow member inspection of documents. When boards act without transparency — holding secret meetings, denying record requests, or self-dealing on contracts — homeowners have legal recourse including petitioning the Division of Florida Condominiums, Timeshares, and Mobile Homes or filing suit directly.

Your Rights as a Florida HOA Member

Mandatory Pre-Suit Mediation

Before filing most lawsuits against an HOA in Florida, state law requires you to attempt pre-suit mediation. This is not optional — skipping it can get your case dismissed. An experienced business litigation attorney who also handles HOA matters can guide you through this process efficiently and position you for litigation if mediation fails.

When Should You Hire an Attorney for an HOA Dispute?

• The HOA has placed or threatened a lien on your home
• You received a notice of foreclosure over unpaid assessments
• The board denied a legitimate record inspection request
• You have been fined without proper notice or a hearing
• The HOA is selectively enforcing rules against you
• A board member has a conflict of interest in a vote that affected you

The Florida Bar’s guidance on community association law confirms that homeowners often underestimate how much leverage they have when boards fail to follow proper procedures. A single procedural error by the HOA — like missing the fining committee step — can invalidate an entire enforcement action.

Condo Association vs. HOA: Different Rules

Florida condominiums are governed by the Condominium Act (Chapter 718), which has different rules than the HOA Act. Condo owners have stricter inspection rights, different meeting requirements, and different dispute resolution pathways. If your dispute involves a condo association rather than a traditional HOA, the legal strategy differs. A West Lauderdale real estate litigation attorney familiar with both statutes can advise on the correct approach.

Frequently Asked Questions

Fighting Back Starts with Knowing Your Rights

An HOA has significant power — but that power has limits under Florida law. If your HOA dispute in Florida has escalated beyond what you can handle alone, Feinstein Real Estate Litigation & Business Law can step in. Call (954) 767-9662 or visit our contact page to discuss your situation.

About Feinstein Real Estate Litigation & Business Law

Feinstein Real Estate Litigation & Business Law is a South Florida law firm with over 30 years of experience handling HOA disputes, real estate litigation, breach of contract, and business law matters throughout Broward, Miami-Dade, and Palm Beach Counties.

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What Is Adverse Possession in Florida?

The Basic Legal Requirements

To succeed on a Florida adverse possession claim, the occupant must prove all five elements for a continuous period of at least 7 years:

• Actual possession — physically using the land (farming, building, landscaping)
• Open and notorious — visible use that a reasonable owner would notice
• Exclusive — not shared with the public or the true owner
• Hostile — without the owner’s permission
• Continuous — uninterrupted for the full statutory period

Florida also requires the claimant to pay all property taxes on the disputed parcel during the 7-year period. This tax payment requirement is one of the strictest in the country and disqualifies many would-be claimants. If you notice a neighbor using your land, contacting a Fort Lauderdale real estate litigation lawyer immediately can stop the clock.

How Adverse Possession Claims Start

The Most Common Scenarios in South Florida

Most adverse possession Florida cases begin quietly — a neighbor’s fence goes up a few feet over the property line, a driveway extends onto your land, or vegetation clears to reveal that someone has been gardening on your parcel for years. By the time the owner discovers it, years of “hostile” use may already have accrued.

Color of Title Claims

Some claimants have a defective deed — a document that appears to convey title but contains an error. This is called “color of title.” Under Florida law, a color of title claimant can use their defective deed to strengthen the adverse possession claim, potentially affecting a larger area than they physically occupy. These cases are particularly aggressive and require an experienced real estate litigation attorney to counter.

How to Stop an Adverse Possession Claim

Interrupt Continuous Possession

The 7-year clock resets if you interrupt the occupant’s continuous possession. Legally effective interruptions include:

• Filing a lawsuit for trespass or ejectment
• Serving written notice demanding they vacate
• Granting a written license that converts hostile use to permissive use
• Physically reclaiming the land with the occupant’s knowledge

Verbal complaints do not interrupt the clock. Only documented legal action reliably resets the period. The Florida Bar recommends property owners conduct a boundary survey every 5–10 years to catch encroachments before they ripen into claims.

File a Quiet Title Action

If an occupant has already met the 7-year threshold, you may need to challenge the adverse possession claim directly in court. A quiet title action forces the claimant to prove every element. Missing even one — particularly the tax payment requirement — defeats the claim entirely. Florida courts have denied numerous adverse possession suits because claimants failed to consistently pay property taxes.

What Happens If a Claim Succeeds?

If a court finds that all elements are met, it issues a judgment transferring legal title to the adverse possessor. The original owner loses the property permanently with no compensation. This makes early intervention critical. The Florida Courts system processes these cases at the circuit court level, and judgments are recorded in the county property records — making the transfer fully enforceable.

Frequently Asked Questions

Don’t Let a Neighbor’s Encroachment Become a Legal Claim

The longer you wait, the stronger a Florida adverse possession claim becomes. If you suspect someone is occupying your land without permission, Feinstein Real Estate Litigation & Business Law can assess the situation and take action before the 7-year period runs. Call (954) 767-9662 or reach us through our contact page for a consultation.

About Feinstein Real Estate Litigation & Business Law

Feinstein Real Estate Litigation & Business Law is a South Florida firm with over 30 years of experience in real estate disputes, quiet title actions, business litigation, and mediation. Serving Broward, Miami-Dade, and Palm Beach Counties.

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What Does “Quieting Title” Actually Mean?

Establishing Legal Ownership on Record

When a court “quiets” title, it issues a final judgment declaring who the rightful owner is. That judgment is recorded in the public record, permanently silencing any adverse claims. Florida courts handle these actions under Florida Statute § 65.021, which outlines the grounds and procedures for bringing a quiet title suit.

Common Reasons Title Becomes Clouded

• Errors in a prior deed — wrong legal description or misspelled name
• Unrecorded interests from a prior owner’s heirs
• Fraudulent or forged conveyances
• Tax deed sales that did not follow proper notice procedures
• Boundary disputes with adjacent property owners
• Adverse possession claims by a longtime occupant

Any one of these issues can block a sale or refinance. A Fort Lauderdale real estate litigation lawyer can assess which issue applies and how aggressively it needs to be addressed.

When Do You Need a Quiet Title Action in Florida?

After Purchasing a Tax Deed Property

Tax deed purchases are among the most common triggers for a quiet title action Florida filing. When a county sells a property for unpaid taxes, prior lienholders and heirs of former owners may still assert claims. A quiet title action puts all potential claimants on notice and eliminates their interests if they fail to respond.

After Acquiring Property Through Foreclosure or Probate

Foreclosure sales and probate transfers often leave title defects. Missing heirs, unsatisfied junior liens, or improperly noticed creditors can resurface years later. Filing a Florida quiet title lawsuit closes those gaps decisively. According to the Florida Bar Journal, quiet title actions are especially critical after non-judicial transfers where court oversight was limited.

Resolving Boundary and Encroachment Disputes

Neighbors who have used a strip of your land for decades may eventually assert an adverse possession claim. A quiet title action establishes your boundary legally before that claim matures. Early action is always less expensive than defending a full adverse possession lawsuit.

How the Quiet Title Process Works in Florida

Publication Notice for Unknown Claimants

Florida law requires publishing notice in a local newspaper when defendants cannot be personally served. This puts unknown heirs and interest holders on notice. The Florida publication statute governs the frequency and format of this notice. Skipping or botching this step can void the entire judgment.

Quiet Title vs. Title Insurance: What’s the Difference?

Title Insurance Covers Future Claims — It Doesn’t Eliminate Them

Title insurance indemnifies you if a covered claim surfaces later. It does not remove the cloud from the record. A quiet title action in Florida actually eliminates the defect, making the title insurable and marketable going forward. Lenders almost always require clean title before funding a purchase or refinance.

When You Need Both

After a successful quiet title action, most owners purchase a new title insurance policy. The clean judgment gives the insurer confidence, and the policy protects against any claims that may have been missed. Your real estate litigation attorney can coordinate with your title company to make the transition seamless.

Costs and Realistic Expectations

• Uncontested cases: typically $1,500–$4,000 in attorney fees plus court costs
• Contested cases: fees rise significantly depending on the number of defendants and complexity
• Timeline: 3–6 months for uncontested; 12+ months if defendants actively litigate
• Result: a recorded final judgment that clears the cloud permanently

The Florida Realtors confirm that title defects are among the leading causes of delayed or collapsed real estate closings in South Florida. Addressing them proactively is almost always cheaper than losing a sale.

Frequently Asked Questions

Clear Title Starts with the Right Attorney

A clouded title does not fix itself. The longer you wait, the more claimants can appear and the harder it becomes to establish clean ownership. If you are facing a quiet title action in Florida — or suspect your title has a defect — Feinstein Real Estate Litigation & Business Law can clear it. Call (954) 767-9662 or visit our contact page to schedule a consultation today.

About Feinstein Real Estate Litigation & Business Law

Feinstein Real Estate Litigation & Business Law is a South Florida firm with over 30 years of experience resolving complex real estate and business disputes. Serving Fort Lauderdale, Broward County, Miami-Dade, and Palm Beach, the firm handles quiet title actions, breach of contract, commercial litigation, mediation, and more.

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The Most Common Types of Florida Real Estate Fraud

Property Condition Misrepresentation

This is the most frequent form. Florida law requires sellers to disclose known material defects that aren’t readily observable and that could affect the property’s value — a duty established by the Florida Supreme Court in Johnson v. Davis. When a seller conceals water damage, past flooding, mold, foundation issues, or prior insurance claims, they’re not just being dishonest — they’re creating liability. If you discovered a problem after closing that the seller clearly knew about, you may have a strong Florida real estate litigation claim.

Wire Fraud at Closing

This has become the fastest-growing real estate fraud problem in Florida. Criminals intercept email communications between buyers, attorneys, and title companies — then send fraudulent wiring instructions directing closing funds to their own accounts. Once the money is wired, it’s almost never recovered. The rule is simple: always verify wire transfer instructions by phone, using a number you independently confirmed — not one from an email. The FBI’s Internet Crime Complaint Center (IC3) tracks these cases nationally — Florida consistently ranks among the highest-loss states.

Title Fraud and Forged Deeds

Title fraud involves forged deeds or fraudulent transfers that cloud ownership of a property or outright steal it. South Florida has seen cases where vacant properties or properties owned by out-of-state investors were fraudulently transferred and then listed for sale — sometimes successfully. A thorough title search and title insurance are your first lines of defense, but they don’t catch everything. If you’ve discovered an unauthorized deed transfer, contact a Florida real estate attorney immediately — there are emergency legal remedies available.

Warning Signs Before and During a Florida Real Estate Transaction

Red Flags That Should Stop You in Your Tracks

Your Legal Remedies After Florida Real Estate Fraud

Rescission

Rescission unwinds the entire transaction — both parties return to their pre-contract positions. This is the remedy buyers most often want when they discover fraud after closing on a defective property. It requires showing the fraud was material and that you would not have entered the transaction if you’d known the truth. This is exactly the kind of claim a Florida real estate litigation attorney will evaluate first.

Damages, Civil Theft, and Punitive Awards

• Compensatory damages — out-of-pocket losses, repair costs, diminution in value
• Civil theft treble damages — Florida’s civil theft statute, § 772.11, allows recovery of three times actual damages in qualifying fraud cases
• Punitive damages — available when fraud was intentional and egregious
• Attorney fees — recoverable under civil theft and some fraud theories

Can You Sue the Real Estate Agent?

Yes — and this surprises many people. Agents have independent disclosure duties and can be held personally liable for fraud or negligent misrepresentation separate from the seller. If your agent knew about a defect, failed to disclose it, or actively helped conceal it, they can be named as a defendant in your Florida fraud claim.

Frequently Asked Questions

Florida Real Estate Fraud Victims Have More Options Than They Know

If you suspect Florida real estate fraud was involved in your transaction, the window to act matters. Feinstein Law represents buyers, sellers, and investors in real estate fraud cases throughout South Florida. Call (954) 767-9662 or visit our contact page.

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

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How Real Estate Commissions Work in Florida

Commissions Are Always Negotiable

There is no standard commission rate in Florida. The rate is negotiated between the broker and the client and documented in a written listing agreement or buyer’s broker agreement. Commissions are typically paid at closing from the sale proceeds — but a broker’s right to a commission can exist even if a deal doesn’t close, depending on the contract language. Understanding what your agreement says about when a commission is earned is the foundation of any Florida commission dispute.

The Three-Part Test for Earning a Commission

Under Florida common law, a real estate broker typically earns a commission when they:

• Are the procuring cause of the sale — they introduced the buyer and seller, or their efforts were the dominant reason the deal happened
• Had a brokerage agreement entitling them to a commission. A written agreement is far easier to enforce, and a claim on one generally has five years under § 95.11 instead of four.
• Had a buyer who was ready, willing, and able to purchase on the agreed terms

If a seller cancels a deal after the broker produced a buyer who was ready and willing — the broker may still be owed their commission even though no closing occurred.

The Most Common Florida Broker Commission Disputes

Seller Refuses to Pay After Deal Falls Through

This is the most frequent dispute. The broker produced a qualified buyer, the seller accepted the offer, and then something went wrong — the seller got cold feet, accepted a higher offer from another buyer, or claimed the first buyer wasn’t truly qualified. Whether the broker is owed a commission depends on the listing agreement language and whether the broker was truly the procuring cause. A Florida real estate litigation attorney can evaluate the specific agreement and facts quickly.

Co-Brokerage and Buyer’s Agent Disputes

When two brokerages are involved — a listing agent and a buyer’s agent — disputes arise over the agreed co-brokerage split. After NAR’s 2024 settlement, buyer’s agent compensation must now be documented separately and is no longer automatically offered through the MLS. If the buyer’s broker agreement or seller’s agreement doesn’t clearly establish the co-brokerage arrangement, disputes are almost guaranteed.

Brokerage Relationships and Dual Agency

Florida does not allow dual agency. Under § 475.278, a licensee may work as a transaction broker or a single agent, and is presumed to be a transaction broker unless another relationship is set up in writing. A licensee may not act as a disclosed or nondisclosed dual agent. When the brokerage relationship was never clearly documented, or a broker acted outside it, that can become a central issue in a commission dispute.

What Florida Courts Look at in Commission Disputes

Frequently Asked Questions

Florida Broker Commission Disputes Require Specific Legal Knowledge to Win

Whether you’re owed a commission or disputing one, Feinstein Law handles Florida broker commission disputes and real estate contract litigation throughout South Florida. 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 contract matters throughout Broward, Miami-Dade, and Palm Beach counties.

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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.

The post What Is a Lis Pendens in Florida Real Estate? appeared first on Real Estate Litigation & Business Law.

Section 44.102, Florida Statutes, governs court-ordered mediation, which most Broward civil cases go through before trial.
If you are still deciding whether you need a lawyer, see what a real estate litigation lawyer does.

How Fort Lauderdale Real Estate Litigation Starts

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 $50,000 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: usually the largest cost, driven by how long the case runs and how hard it is contested
• Expert witnesses: appraisers, engineers, and contractors, often needed in defect and valuation disputes
• Deposition costs: court reporter, transcript, and preparation time add up quickly
• Mediation fees: mediators usually charge by the hour, and the cost is typically split between the parties
• Trial costs: contested trials add significant attorney time, jury fees, and exhibit costs
• Section 34.01, Florida Statutes: county courts hear civil claims up to $50,000, and larger claims go to circuit court

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.

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