What Is a Lis Pendens in Florida Real Estate?

Florida lis pendens — real estate litigation property filing

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.

Attorney filing lis pendens notice at Florida county clerk window

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

Term	What It Means	Effect on Property
Lis Pendens	The pending lawsuit affecting the property	Clouds title, blocks sales and refinancing
Notice of Lis Pendens	The recorded document filed in public records	Gives constructive notice to all future buyers
Lis Pendens Bond	Security posted by the claimant	Protects owner from damages if claim fails
Discharge of Lis Pendens	Court order removing the notice	Clears title — transaction can proceed
Transfer to Bond	Lien moved from property to cash/surety bond	Frees property while dispute continues

Frequently Asked Questions

Question	Answer
How long does a lis pendens stay on my Florida property?	Until the lawsuit resolves, the court discharges it, or the claimant voluntarily releases it. There’s no automatic expiration.
Can I sell my property with a lis pendens in Florida?	Technically yes — but practically no. Most buyers and title companies will refuse to close until it’s resolved or transferred to bond.
Can I get attorney fees if the lis pendens was wrongfully filed?	Yes. Florida courts can award fees and damages against a party who filed a lis pendens without a legitimate basis. See § 48.23(3).
Does a lis pendens affect my credit?	Not directly — it affects your property’s title, not your credit report. But if it leads to a judgment or foreclosure, that’s a different story.

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.

By : Michael Feinstein | April 7, 2026 | Real Estate Law

Breach of Fiduciary Duty in Florida Real Estate Transactions

Florida attorney consulting client about property fiduciary breach

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

Element	What It Requires
Fiduciary relationship	Prove the defendant owed you a fiduciary duty — not just a general duty of care
Breach	The defendant’s conduct violated the specific duties owed to you
Causation	The breach directly caused your harm — not just that they acted badly
Damages	Quantifiable financial loss resulting from the breach

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

South Florida luxury waterfront real estate property — high asset real estate dispute — High-value real estate disputes require attorneys experienced in luxury market transactions.

Frequently Asked Questions

Question	Answer
Can I sue a real estate agent for not disclosing a property defect in Florida?	Yes — if the agent knew about the defect and failed to disclose it, they can be personally liable separate from the seller.
Does a transaction broker in Florida owe me fiduciary duties?	No — a transaction broker owes limited duties, not full fiduciary duties. That’s why the single agent vs. transaction broker distinction matters at the start of every relationship.
How long do I have to sue a real estate agent in Florida?	4 years from when the breach was discovered or reasonably should have been discovered.

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.

By : Michael Feinstein | April 6, 2026 | Real Estate Litigation

Real Estate Litigation in Fort Lauderdale: What to Expect

Fort Lauderdale real estate litigation — Broward County courthouse

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.

Side view of the Broward County Courthouse in Fort Lauderdale with palm trees

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.

By : Michael Feinstein | April 1, 2026 | Real Estate Litigation

What Happens When a Real Estate Contract Falls Through in Florida

Florida real estate contract falls through — deposit and legal remedies

When a real estate contract falls through in Florida, the fallout depends almost entirely on why it happened and who bears the legal responsibility. You might be a buyer who lost your financing, a seller whose property failed inspection, or one party who simply changed their mind — and the answer to “what happens now?” is completely different in each scenario. Florida real estate contract failures trigger specific legal rights and obligations that begin the moment the deal collapses. Here’s what actually happens next and what your options are.

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

Who’s in Default Determines Everything

Learn more at Florida Statute §44.102. Florida Statute §689.02 (real estate contracts) Florida Statute §83.131 (earnest money handling)

The First Question in Every Failed Florida Deal

Before anything else — before demand letters, before escrow disputes, before anyone threatens to sue — the threshold question is: who defaulted? Under Florida contract law, the party who fails to perform without legal justification is in default. The non-defaulting party then has remedies. But if both parties had legitimate grounds for not closing, the analysis gets more complicated. A Florida contract dispute attorney evaluates this question first in every failed transaction.

Legitimate Reasons a Buyer Can Walk Away

Inspection contingency — discovered defects and properly invoked the right to cancel within the window
Financing contingency — loan was denied despite good faith efforts, properly documented
Appraisal contingency — property appraised below purchase price and the gap wasn’t bridged
Title issues — unmarketable title that seller can’t cure within the required period
Seller breach — seller failed to disclose known defects or couldn’t deliver the property as contracted
Florida Statute Chapter 83 — governs earnest money deposits and contract performance

When a Buyer Is in Default

If the buyer walks without a valid contingency — or after all contingencies were waived — they’re in default. At that point, the seller has two main options: keep the deposit as liquidated damages (if the contract permits), or sue for specific performance or actual damages exceeding the deposit. Which option makes more sense depends on the property, the market, and what the contract says.

The Earnest Money Deposit — Who Gets It?

Florida’s Escrow Rules

The earnest money in a Florida real estate transaction is held in escrow by the title company, broker, or attorney. When a deal falls apart, the escrow agent cannot simply release it without either a written agreement from both parties or a court order. If there’s a genuine dispute, the escrow agent will typically interplead the funds — depositing them with the court and letting both sides fight for it. Florida’s real estate broker statute (Chapter 475) governs escrow obligations and dispute procedures.

How the Contract Language Controls the Outcome

Under Florida Statute §44.102 on contract law,

Scenario	Likely Outcome on Deposit
Buyer defaults, contract has liquidated damages clause	Seller keeps deposit as full remedy — no further damages claim
Buyer defaults, no liquidated damages clause	Seller can claim deposit plus additional damages if losses exceeded it
Seller defaults	Buyer gets deposit back plus may pursue specific performance or damages
Both parties dispute fault	Escrow interpleaded — court or mediation determines who gets it
Valid contingency triggered	Deposit returned to buyer — no default by either party

Specific Performance — Forcing the Deal to Close

When Money Isn’t Enough

Florida courts recognize that every piece of real property is legally unique. That means a buyer whose seller backed out doesn’t have to accept a damages payment — they can ask the court to order the seller to actually close the deal. This remedy, called specific performance, is commonly sought in Florida when a seller gets a better offer after going under contract or when the buyer has already committed financing and relocation plans. Courts look at whether the contract is clear, whether the buyer performed their obligations, and whether specific performance is practical. A Florida real estate litigation attorney files these cases on an expedited basis when a closing is imminent.

What Happens to the Financing When a Deal Collapses

Lender Involvement and Your Obligations

If you had a mortgage commitment and the deal dies, your lender’s rate lock typically expires within days. If you’ve already paid for an appraisal, inspection, and application fees — those costs are usually not refundable regardless of who was at fault in the failed deal. Some buyers include these costs in a damages claim against the defaulting seller. Keep all documentation of every out-of-pocket expense from the transaction. The CFPB’s guidance on failed real estate transactions covers what happens to mortgage applications when deals collapse.

Frequently Asked Questions

For more information, see National Association of REALTORS Research.

For more information, see Florida Statute §689.20.

Question	Answer
Can a Florida seller back out after signing a contract?	Only with legal justification — buyer default, a valid contingency in their favor, or mutual agreement. Backing out without cause makes the seller the defaulting party.
How long does a Florida escrow dispute take to resolve?	If both parties agree on release, days. If disputed and interpleaded, months — though mediation often resolves it faster.
Can I sue for more than the deposit if a buyer defaults?	Depends on the contract. If it has a liquidated damages clause limiting your remedy to the deposit, you generally cannot claim more.

When Your Florida Real Estate Deal Falls Apart, Know Where You Stand

A failed transaction doesn’t have to mean a financial loss. Feinstein Law represents buyers and sellers in Florida real estate contract disputes and litigation 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, contract disputes, and business law throughout Broward, Miami-Dade, and Palm Beach counties.

By : Michael Feinstein | March 24, 2026 | Real Estate Contracts

What Does a Broker Commission Dispute Lawyer Do?

What Does a Broker Commission Dispute Lawyer Do—and Do You Need One?

Are you facing a disagreement over a broker commission and wondering, What a broker commission dispute lawyer does—and if you should hire one? Broker commission disputes can quickly become complex, involving legal contracts, industry regulations, and significant financial stakes. In this guide, we answer this essential question, explore how a specialized attorney can help, and provide actionable steps for anyone dealing with a commission conflict in real estate, finance, insurance, or securities. Broker Commission Disputes in Fort Lauderdale

Broker Commission Disputes in Fort Lauderdale

What Is a Broker Commission Dispute?

Broker commission disputes occur when parties disagree about the payment, amount, or entitlement of commissions earned by brokers or agents. These issues commonly arise in industries such as:

Real Estate
Financial Services
Insurance Brokerage
Securities and Stock Trading

Disputes typically involve:

Ambiguous or conflicting contract terms
Unfulfilled conditions or missed deadlines
Disagreements over commission splits
Claims for commissions without proper authorization
Breach of fiduciary duty or regulatory compliance issues

How Can a Broker Commission Dispute Lawyer Help?

A broker commission dispute lawyer is an attorney with expertise in resolving disputes about broker commissions. Their role includes:

Reviewing commission agreements and contracts for legal validity and clarity
Advising on rights and obligations under state and federal law
Negotiating settlements to avoid costly litigation
Representing clients in mediation, arbitration, or court proceedings
Ensuring compliance with industry and regulatory standards

In many cases, hiring a lawyer early can save time, money, and stress by facilitating a faster, fairer resolution.

Common Broker Commission Dispute Scenarios

Scenario	Description	Potential Legal Solution
Disagreement on Commission Split	Two brokers or agents dispute how to divide a commission after a transaction.	Contract analysis, negotiation, or arbitration.
Nonpayment of Commission	A broker claims they were not paid after closing a deal.	Breach of contract claim or court enforcement.
Unauthorized Commission Claims	One party seeks a commission without a valid contract or agreement.	Legal defense and challenge of entitlement.
Regulatory Violations	Disputes involving industry rules or ethics violations.	Regulatory compliance review and defense before regulatory bodies.

What Steps Should You Take in a Broker Commission Dispute?

Review All Agreements: Carefully examine your contracts, commission schedules, and related documents.
Gather Evidence: Collect emails, transaction records, and communications relevant to the dispute.
Attempt Direct Resolution: Try to negotiate with the other party before escalating the matter.
Consult a Broker Commission Dispute Lawyer: Seek legal advice to understand your rights and options.
Consider Mediation or Arbitration: Alternative dispute resolution methods can be faster and less expensive than court.
Litigate as a Last Resort: If other methods fail, your lawyer can help you file a lawsuit for enforcement.

About Michael L. Feinstein

Michael L. Feinstein is a seasoned attorney with over three decades of experience in business litigation, real estate law, and dispute resolution. As the founding attorney of Feinstein Law, Michael has represented clients throughout Florida in complex broker commission disputes, contract matters, and fiduciary duty cases. He is known for his strategic approach, deep understanding of industry regulations, and commitment to achieving favorable outcomes for his clients. Michael L. Feinstein’s expertise and client-focused service have made him a trusted advocate for brokers, agents, and businesses dealing with contentious commission conflicts.

By : Michael Feinstein | March 10, 2026 | Broker Commission Disputes

Understanding Commercial Real Estate Disputes in Broward County

Commercial real estate attorney Broward County — office building dispute

Commercial real estate disputes in Broward County move fast and cost more than most business owners expect. Whether you’re a landlord dealing with a tenant who stopped paying, a buyer whose deal fell apart after due diligence, or a business owner in a lease dispute with a landlord who won’t make repairs — commercial real estate litigation in Broward County is driven almost entirely by what’s in your contract and how quickly you act. Here’s what these cases actually look like and what your options are.

Why Commercial Real Estate Disputes in Broward County Are Different

The Law Heavily Favors What Your Lease Says

Florida’s commercial landlord-tenant law under Chapter 83, Part I provides minimal statutory protections compared to residential law. Your written lease is essentially the rulebook. Courts in Broward enforce commercial lease terms strictly — including penalty clauses, personal guarantees, and acceleration provisions that can make a single missed month of rent trigger liability for the entire remaining term.

The South Florida Commercial Market Creates Unique Friction

Broward County’s commercial market — from Fort Lauderdale’s downtown core to Deerfield Beach, Pompano Beach, and Miramar — spans industrial, retail, and office segments with different market dynamics. Rising rents, tight inventory, and high-stakes redevelopment deals mean more disputes over lease renewals, tenant improvement allowances, and co-tenancy clauses. A Broward County real estate litigation attorney familiar with local market conditions and Broward circuit court procedures is a real advantage in these cases.

Real-Estate-Contract-Disputes-Attorney

The Most Common Commercial Real Estate Disputes in Broward County

Non-Payment and Eviction

The commercial eviction process in Florida requires a proper three-day notice to pay or vacate before any court filing. That notice must comply exactly with § 83.20 — the wrong form or improper service restarts the clock. Done correctly, uncontested commercial evictions in Broward can wrap up in 4–6 weeks. Contested evictions with counterclaims take significantly longer.

Breach of Lease Terms

These disputes go both ways. Landlords claim tenants violated permitted use clauses, subletting restrictions, or maintenance obligations. Tenants claim landlords failed to deliver promised build-outs, maintain common areas, or honor renewal options. The key in every case is: what does the lease actually say, and who breached first? A Florida contract dispute attorney reviews the lease language before anything else.

Purchase and Sale Disputes

Commercial purchase contracts in South Florida routinely involve:

Due diligence disputes — what was discovered and whether it justified cancellation
Environmental contingency issues — Phase I or Phase II findings that affect financing or value
Title defects discovered late — liens, easements, or encroachments that cloud the transfer
Failed 1031 exchanges — timing issues that blow the tax-deferred structure
Breach by seller — failure to disclose known material conditions affecting the property

Broward County Courts and How These Cases Move

Case Type	Court	Typical Timeline
Commercial eviction (uncontested)	Broward County Court	4–6 weeks from proper notice
Lease breach / damages claim under $30K	Broward County Court	3–6 months
Complex commercial lease or sale dispute	Broward Circuit Court (17th Judicial)	12–24 months to trial
Emergency injunction	Circuit Court	Days to weeks depending on urgency

Mediation Before Trial

Broward’s 17th Judicial Circuit requires mediation in most civil cases before trial. Most commercial real estate disputes settle at mediation — both parties have incentive to avoid the cost and unpredictability of trial. An experienced Broward commercial litigation attorney treats mediation as a serious strategic event, not a formality. The 17th Judicial Circuit Court of Florida handles all major commercial disputes in Broward County.

Damages Available in Broward Commercial Real Estate Cases

Unpaid rent and acceleration — full remaining lease term if the lease permits it
Repair and restoration costs — damage beyond normal wear and tear
Lost profits — for tenants wrongfully evicted or denied access to their space
Consequential damages — business interruption, relocation costs, lost customer revenue
Attorney fees — most commercial leases include prevailing party fee provisions

Frequently Asked Questions

Question	Answer
Can a Broward commercial landlord lock out a tenant for non-payment?	No. Self-help eviction is illegal in Florida regardless of what the lease says. The landlord must go through the court process.
What if my commercial lease has a personal guarantee?	The guarantor is personally liable for the tenant’s obligations — even after the business closes. Personal guarantees in Broward commercial leases are strictly enforced.
How do I choose between settling and litigating?	The answer depends on the strength of your contract language, the amount at stake, and the cost of litigation relative to what you can recover. A candid attorney evaluation helps make that call clearly.

Broward County Commercial Real Estate Disputes Need Experienced Local Counsel

Feinstein Law handles commercial real estate disputes in Broward County for landlords, tenants, buyers, and sellers. Call (954) 767-9662 or reach us at 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.

By : Michael Feinstein | March 5, 2026 | Commercial Real Estate

How Mediation Works in Florida Real Estate Disputes

Florida real estate mediation attorney — parties in conference room

If you’re in a Florida real estate dispute and someone just mentioned mediation, you might be wondering whether it’s worth your time or just a delay tactic before the real fight begins. Mediation in Florida real estate disputes is not optional in most cases — it’s required before trial under both standard contract clauses and court rules. But more importantly, it works. The majority of Florida real estate cases that reach mediation settle there, avoiding months of discovery and the unpredictability of a jury. Here’s how the process actually operates and how to use it strategically.

Why Florida Requires Mediation Before Trial

It’s Built Into Most Contracts

The standard FAR/BAR residential contract used throughout Florida contains a mandatory mediation clause. Commercial contracts frequently do too. This means if you signed a Florida real estate contract — as a buyer, seller, landlord, or tenant — you almost certainly agreed to mediate before filing a lawsuit. Courts also independently order mediation in most civil cases under Florida’s civil procedure rules. Skipping it can get your case dismissed or delay it significantly.

What the Court Actually Requires

Once a case is filed in Florida circuit court, the judge will typically enter a case management order setting a mediation deadline — often within 90–120 days of the case being at issue. The parties share the mediator’s fee equally unless agreed otherwise. Failure to participate in good faith can result in sanctions. An experienced Florida real estate litigation attorney treats mediation as a serious strategic opportunity, not a box to check.

How a Florida Real Estate Mediation Actually Works

Choosing the Mediator

The parties typically agree on a certified Florida mediator — often a retired judge or experienced attorney who specializes in real estate contract disputes. If the parties can’t agree, the court appoints one. In South Florida, mediators with specific real estate expertise are available and worth the slightly higher rate. Their credibility with both sides moves cases toward settlement faster.

The Day of Mediation — What to Expect

Opening joint session — both sides present their positions briefly to the mediator
Separate caucuses — mediator shuttles between rooms, conveying offers and testing positions privately
Reality testing — the mediator pushes each side to honestly evaluate their risks at trial
Settlement negotiation — once both sides move toward a range, terms are drafted and signed same day
Impasse — if no agreement, the mediator declares impasse and the case proceeds to litigation

Sessions typically run 3–6 hours. Having your Florida litigation attorney present — not just on the phone — makes a measurable difference in outcomes.

Common Florida Real Estate Disputes That Resolve at Mediation

Where Mediation Has the Highest Success Rate

Dispute Type	Why Mediation Works Well
Earnest money deposit disputes	Both sides know trial costs could exceed the deposit amount — settlement math is obvious
Seller non-disclosure claims	Sellers want to avoid public record of concealed defects; buyers want money, not a trial
Commercial lease disputes	Both landlord and tenant need to maintain functional business relationships or exit cleanly
Construction defect claims	Expert witnesses are expensive — settlement almost always beats paying for trial experts
Partition actions	Co-owners often reach buyout agreements at mediation rather than forcing a court-ordered sale

When Mediation Doesn’t Resolve the Case

Mediation fails when one side has unrealistic expectations, is using the process to delay, or when the legal issues are genuinely novel and need a court ruling. An impasse isn’t a failure — it clarifies the issues and often produces partial agreements that narrow what goes to trial. The American Bar Association’s mediation resources outline how courts evaluate good-faith participation.

What Makes Mediation Succeed in Florida Real Estate Cases

Preparation Is Everything

Parties who walk into mediation without a mediation statement, without a clear damages calculation, and without a realistic settlement range waste everyone’s time — including their own. Your attorney should prepare a concise mediation brief that lays out your strongest points, the weaknesses in your case, and a realistic bottom line. Mediators use these to move the other side.

Authority to Settle

The person at the table needs actual authority to agree to a settlement number on the spot. If every offer has to be run by an absent decision-maker, the session stalls. Florida courts can sanction parties who attend mediation without proper settlement authority.

Costs and Confidentiality

What Florida Mediation Costs

Certified Florida mediators typically charge $200–$500/hour depending on specialty and experience
Sessions run 3–6 hours on average; complex cases may require multiple sessions
Total cost split equally: typically $600–$1,500 per party for a standard real estate dispute
Compare that to trial costs, which routinely run $50,000–$200,000+ in contested Florida real estate litigation

Everything Said in Mediation Stays There

Florida’s mediation confidentiality statute protects all communications during mediation from being used in court. Offers made and positions taken at mediation cannot be introduced as evidence at trial. This allows both sides to speak candidly about their real concerns — which is exactly what makes settlement possible.

Frequently Asked Questions

Question	Answer
Can I be forced to settle at mediation in Florida?	No. Mediation is non-binding — you can walk away. But courts require participation in good faith, and refusing to make any reasonable offer can result in sanctions.
What if the other side won’t participate in mediation?	File a motion to compel mediation. Courts will order it, and repeated failure to participate can result in adverse rulings.
Does settling at mediation mean I give up my rights?	Only the rights you specifically settle. The written agreement controls exactly what’s released. Your attorney reviews it before you sign.

Mediation Is Where Most Florida Real Estate Disputes End — Use It Strategically

Feinstein Law represents buyers, sellers, landlords, and tenants in Florida real estate mediation and litigation throughout South Florida. Call (954) 767-9662 or contact us at 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.

By : Michael Feinstein | February 12, 2026 | Contract Disputes

What Is Luxury Real Estate Litigation in Florida?

Luxury real estate litigation attorney Florida — waterfront property dispute

Luxury real estate litigation in Florida involves property disputes where the financial stakes are high enough that every procedural misstep carries serious consequences. If you’re dealing with a failed closing on a multi-million dollar home, a seller who concealed significant defects, or a luxury real estate contract dispute that’s spiraled into threats of litigation — you’re not dealing with a standard residential disagreement. Florida luxury real estate litigation requires attorneys who understand both the legal mechanics and the specific dynamics of high-value transactions. Here’s what these cases actually look like and how they get resolved.

What Makes a Real Estate Dispute a “Luxury” Litigation Matter

It’s Not Just About Price

High-value doesn’t automatically mean high-stakes litigation — but in South Florida’s luxury market, the two almost always go together. Luxury real estate disputes tend to involve more sophisticated parties, more complex contracts, and more aggressive legal representation on both sides. The defects are bigger, the earnest money deposits are larger, and the losses from a failed deal can run into seven figures.

Business professionals reviewing litigation documents in Fort Lauderdale office

What Florida Considers a Material Defect in Luxury Property

Florida’s disclosure duty — rooted in the Florida real estate litigation standard set by Johnson v. Davis — requires sellers to disclose known defects that are not readily observable and that materially affect value. In luxury homes, that includes:

Seawall deterioration or erosion affecting waterfront property
Roof system failures concealed by recent cosmetic work
Prior flooding or water intrusion not reflected in disclosure forms
Structural deficiencies in custom construction or renovations
HOA violations, pending assessments, or unresolved code liens
Permit issues on additions, pools, or guest structures

Buyers who discover these post-closing have legal remedies — but acting quickly matters. The Florida Construction Defect Statute (Chapter 558) governs certain pre-suit requirements that can affect your timeline.

The Most Common Types of Luxury Real Estate Litigation in Florida

Failed Closings and Deposit Disputes

You’re probably reading this because a deal fell apart and someone is fighting over an earnest money deposit — which in the luxury market can be $500,000 or more. Sellers want to keep it as liquidated damages. Buyers want it back, claiming the seller breached or failed to disclose. Florida courts look at the specific contract language, the reason for the failed closing, and which party was actually in default. A Florida contract dispute attorney will tell you within the first conversation where you stand.

Specific Performance Claims

Specific performance is a remedy unique to real estate — because every piece of property is legally considered unique, courts can order a reluctant seller to actually close the deal rather than just pay damages. This is common in luxury transactions where a buyer fell in love with a specific waterfront estate and doesn’t want money — they want the house. These cases move fast because time kills real estate deals.

Broker Commission Disputes

Seven-figure sales generate six-figure commissions, which means broker disputes in the luxury market are their own subspecialty. Whether you’re a seller contesting whether the broker earned their commission or a buyer’s agent claiming a co-brokerage agreement was violated, these disputes land in Florida business litigation regularly.

How Florida Luxury Real Estate Cases Resolve

Timeline from Dispute to Resolution

Stage	What Happens	Typical Duration
Pre-suit demand	Formal demand letter citing breach, requesting remedy or damages	Week 1–2
Mediation	Most luxury disputes settle here — both parties have incentive to avoid trial costs	Month 1–4
Discovery	Depositions, inspection reports, financial records, broker communications	Months 3–10
Trial	Reserved for cases where one party is unreasonable or the stakes justify it	Months 12–24+

Why Most Settle Before Trial

In the luxury market, both sides usually have something to lose beyond money — reputation, professional relationships, and privacy. Florida courts require mediation before trial in most civil cases. An experienced Florida real estate litigation attorney uses that process strategically, not just as a formality. The Florida Rules of Civil Procedure govern how these cases proceed through the courts.

What Damages Are Available in Luxury Real Estate Litigation

Beyond Just Getting Your Money Back

Rescission — unwinding the transaction entirely and returning deposits
Specific performance — court orders the sale to proceed at contract price
Compensatory damages — repair costs, carrying costs, lost appreciation, lost rental income
Consequential damages — downstream financial losses caused by the failed transaction
Punitive damages — available when fraud or intentional misconduct is proven

Frequently Asked Questions

Question	Answer
Can I get my deposit back if the seller didn’t disclose defects?	Yes — if the defect was material, known to the seller, and not readily observable. Florida’s disclosure duty is well-established and courts take it seriously.
Does Florida require mediation before a real estate lawsuit?	Most standard Florida real estate contracts include mandatory mediation clauses. Courts also require it in most civil disputes before trial.
How long do I have to sue after a failed luxury real estate closing?	Generally 4 years for contract claims and fraud in Florida — but act as soon as possible. Evidence disappears and witnesses’ memories fade.
Can I recover attorney fees in a Florida real estate dispute?	If your contract has a prevailing party fee clause — which most FAR/BAR contracts do — yes. Florida courts enforce them strictly.

When Your Luxury Transaction Goes Wrong, Act Before the Window Closes

Feinstein Law handles luxury real estate litigation in Florida for buyers, sellers, investors, and developers throughout South Florida. Call (954) 767-9662 or contact us through our contact page.

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

By : Michael Feinstein | February 5, 2026 | Real Estate Litigation

High-Value Litigation Involving Developer Bankruptcies and Breach of Contract

High-Value Litigation Involving Developer Bankruptcies and Breach of Contract on Major Real Estate Projects

Rising interest costs, tighter credit, and construction inflation have pushed more large U.S. companies into distress, and real estate developers are no exception. The result for Florida and other gateway markets in 2025–2026 is a visible uptick in high-value disputes tied to stalled projects, missed milestones, and bankruptcies. For owners, lenders, contractors, and trade creditors, the litigation playbook now blends bankruptcy law, lien/bond remedies, and hard-fought contract claims.

Why Bankruptcy Is Back in the Conversation

Large corporate filings have trended above historical averages. Independent research notes that 1H 2025 saw elevated Chapter 11 activity, including a jump in “mega” bankruptcies (>$1B assets), compared with long-term norms. See the mid-year data overview here:
Cornerstone Research – Bankruptcy & Financial Distress, Mid-2025 (PDF).
For a neutral primer on how Chapter 11 works, see the U.S. Courts’ resources:
Chapter 11 – Bankruptcy Basics and Bankruptcy Basics (Overview).

What Changes When a Developer Files Chapter 11

Automatic stay freezes most litigation and lien enforcement. Creditors must seek stay relief to proceed (see Title 11 generally:
11 U.S.C.).
Executory contracts can be assumed or rejected under 11 U.S.C. § 365. Construction contracts, development agreements, and ground leases may be “assumed” (cured and continued) or “rejected” (breached as of filing), with significant damages and project-control implications:
11 U.S.C. § 365.
For DOJ background:
DOJ – Executory Contracts.
Preference and fraudulent-transfer exposure. Pre-petition payments and collateral grants may be attacked as preferences or fraudulent transfers, impacting contractors, vendors, and insiders:
§ 547 (Preferences),
§ 548 (Fraudulent Transfers),
and related recovery under
§ 550.
Plan leverage and timing. Debtors often have an exclusive window to propose a plan of reorganization; creditors need strategy for disclosure-statement challenges, valuation fights, and cram-down. See:
U.S. Courts – Process in Chapter 11.

Florida Remedies Still Matter: Liens and Bonds

Florida’s lien and bond framework continues to drive outcomes on large vertical and mixed-use projects, even when a bankruptcy is pending (subject to the stay).

Construction liens (private projects). Florida’s Construction Lien Law (Chapter 713, Part I) governs notices, recording, priority, and transfers to security:
Fla. Stat. ch. 713, Part I.
Payment bonds (unconditional). On bonded private jobs, claims typically proceed under
§ 713.23, Fla. Stat.
(timely notices still critical).
Conditional payment bonds. When the bond is properly recorded and identified as “conditional,” downstream lienors may be limited to lien rights to the extent the owner pays the contractor:
§ 713.245, Fla. Stat.
Public projects. No liens attach to public property; claimants proceed on statutory bonds under
§ 255.05, Fla. Stat.

Common High-Value Disputes on Major Projects

Milestone and delivery slippage. Owners allege delay, defective work, or failure to meet financing/absorption targets; developers counter with force-majeure, change-order, and interference defenses.
Rejection/assumption battles in bankruptcy. Whether a development agreement or GMP contract is assumable (with cure) or rejectable; what “adequate assurance” looks like for continued performance under
§ 365.
Lien priority and bond exposure. Contests over perfection dates, transfer-to-bond amounts, and whether a conditional bond was properly established under
§ 713.245.
Preference/fraudulent transfer claims. Clawback of late-stage payments or collateral granted to trades, sureties, or insiders prior to filing:
§ 547,
§ 548.
Single-asset or single-project filings. Courts continue to scrutinize “bad-faith” or tactical filings involving one development asset; see recent reporting on limits to abusive filings:
Reuters coverage: restrictions on filings (2025).

Playbook for Owners, Lenders, and Trade Creditors

Audit contracts and security early. Confirm guarantees, collateral, and step-in rights; calendar notice and cure periods that affect termination or default interest.
Preserve lien/bond rights. Track Chapter 713 deadlines and bond notice requirements precisely:
Florida Construction Lien Law,
Public Project Bonds.
Prepare for bankruptcy dynamics. Map contract-assumption risk, cure claims, and potential clawbacks under
§ 365,
§ 547,
§ 548.
Control the record. Keep contemporaneous schedules, pay apps, meeting minutes, RFIs, and critical-path analyses—essential in delay and damages models.
Use ADR strategically. On multi-party towers and mixed-use projects, early mediation can unlock bond proceeds, minimize stay disputes, and manage reputational risk.

What Developers Should Do Before a Filing

Stabilize the cap stack. Evaluate DIP financing prospects and adequate protection for secured lenders; analyze milestones you can actually hit under a 13-week cash flow.
Prioritize assumable contracts. Identify trade partners critical to completion and the cure costs to assume those contracts under
§ 365.
Assess clawback risk. Model exposure for recent transfers (preferences/fraudulent transfer) and shore up “ordinary course,” “new value,” and solvency defenses (see
§ 547,
definition of “new value”,
§ 548).
Coordinate with sureties. On bonded jobs, align with surety claims handling so performance/payment issues don’t derail the case or violate the stay.

Feinstein Real Estate Litigation & Business Law

We represent owners, developers, lenders, and construction stakeholders in high-value disputes involving developer insolvency, construction delays/defects, lien and bond claims, and complex contract litigation. Our team handles emergency stay relief, adversary proceedings, preference/fraudulent-transfer defense, plan negotiations, and Florida lien/bond litigation under Chapters
713 and
255.
We also offer mediation services for multi-party project disputes, helping clients reach practical resolutions before value erodes.

Feinstein Real Estate Litigation & Business Law
501 E Las Olas Blvd, Suite 300, Fort Lauderdale, FL 33301
Phone: (954) 767-9662
Website: www.feinsteinlaw.net

By : admin | October 29, 2025 | Real Estate Litigation

Condo Termination & Redevelopment Disputes

condo-termination-disputes-fort-lauderdale

Condo Termination & Redevelopment Disputes: What Florida Condo Owners and Boards Need to Know About the New SIRS and Reserve Study Deadlines

Florida’s condominium landscape is shifting once again — and the latest updates to the state’s Structural Integrity Reserve Study (SIRS) and milestone inspection laws are setting off a new wave of redevelopment and termination disputes across South Florida.

For many condo owners and boards, these laws are more than a compliance issue — they’re determining the future of entire communities. Whether you’re an owner, association board member, or developer, understanding how these deadlines and financial requirements impact your rights is crucial.

Understanding the New SIRS and Reserve Study Requirements

The SIRS requirement was originally enacted after the tragic Surfside condo collapse to ensure older buildings remain structurally sound. The law mandates periodic inspections and the creation of reserve studies — financial plans that ensure there are enough funds to repair or replace critical structural components such as:

Roofs
Load-bearing walls
Foundation and floor structures
Electrical and plumbing systems
Windows and waterproofing

By late 2025, most Florida condominiums three stories or higher must have completed both their milestone inspection and an updated SIRS report. These studies must then guide the association’s budget for reserves — eliminating the long-standing practice of waiving or underfunding reserves for structural items.

Why These Deadlines Are Fueling Termination and Redevelopment Disputes

For older or financially strained associations, the new rules can create serious challenges. When the cost of bringing a property into compliance exceeds what owners can afford, boards may begin exploring termination or redevelopment as an alternative.

However, these decisions are rarely unanimous — and that’s where litigation is surging.

Common Legal Flashpoints

1. Disagreements Over Property Valuation
When a developer or majority owner pushes for condo termination, minority owners often dispute the valuation of their units. Structural deficiencies revealed in a SIRS can dramatically affect fair market value, leading to legal battles over compensation.

2. Procedural Violations by the Board
The Florida Condominium Act requires strict voting and notice procedures for termination or redevelopment. If a board fails to follow these rules — including obtaining the correct percentage of total ownership votes — any termination agreement can be challenged in court.

3. Alleged Misuse or Deferral of Reserves
Owners may claim that the board mismanaged reserve funds, failed to comply with SIRS requirements, or improperly delayed reserve funding. These condo disputes can turn into breach-of-fiduciary-duty lawsuits against board members.

4. Developer Conflicts and Buyout Tactics
Developers seeking to purchase older buildings for redevelopment are sometimes accused of coercing boards or manipulating valuations to pressure owners into selling. These cases often involve allegations of bad faith, misrepresentation, or conflict of interest.

What Condo Boards Should Be Doing Now

1. Complete Required Inspections Early
Waiting until the last minute increases risk and reduces flexibility. If major structural deficiencies are discovered, boards need time to plan repairs, budget for reserves, or negotiate redevelopment terms.

2. Be Transparent with Owners
Full disclosure of inspection results and funding needs can prevent mistrust and lawsuits. Owners have a legal right to review SIRS reports, budgets, and meeting minutes.

3. Follow the Voting Rules Exactly
Termination or redevelopment cannot proceed without proper notice, quorum, and supermajority approval. Failing to follow statutory voting procedures can invalidate the entire process and expose the board to litigation.

4. Document Every Step
Boards should keep detailed records of inspection reports, financial analyses, legal opinions, and owner communications. If litigation arises, these documents will be key evidence.

5. Seek Independent Professional Advice
Engineering, appraisal, and legal professionals should be independent — not tied to developers or management companies — to ensure objective analysis and protect the board’s credibility.

What Condo Owners Should Watch For

1. Early Warning Signs
If your board begins discussing redevelopment or buyouts without clear disclosure of SIRS results or funding plans, request written copies immediately. Owners have the right to review all official documents related to the decision.

2. Verify the Vote
Ask how the vote for termination or redevelopment was conducted and whether your building met the required supermajority threshold.

3. Challenge Unfair Valuations
If you believe your unit was undervalued, you can challenge the appraisal or file an objection during the termination process. Florida law allows owners to seek judicial review if the process was unfair or deceptive.

4. Understand Your Rights Before Signing Anything
Don’t agree to a developer’s offer or sign a release without consulting an experienced real estate attorney. Once you sign, your ability to contest future actions may be limited.

Litigation Trends in 2025

Attorneys across Florida are seeing an increase in:

Injunctions to stop premature terminations
Declaratory actions over defective votes or misleading appraisals
Breach of fiduciary duty claims against condo boards
Developer-owner disputes over buyout terms and fair compensation

As the 2025 SIRS deadline approaches, these cases are expected to accelerate, especially in coastal counties like Broward, Palm Beach, and Miami-Dade where aging condominium stock meets skyrocketing redevelopment demand.

Practical Takeaway

The bottom line: condo boards must treat SIRS and reserve compliance as both a safety obligation and a legal one. Cutting corners or rushing into redevelopment without transparency can lead to years of costly litigation.

For condo owners, know your rights — you have the legal ability to challenge unfair terminations, undervalued buyouts, or board mismanagement.

When in doubt, speak with an experienced Florida real estate litigation attorney who understands both the letter of the law and the realities of redevelopment economics.

Feinstein Real Estate Litigation & Business Law

Address: 501 E Las Olas Blvd, Suite 300, Fort Lauderdale, FL 33301
Phone: (954) 767-9662
Website: www.feinsteinlaw.net

Feinstein Real Estate Litigation & Business Law represents condominium associations, unit owners, and developers throughout South Florida in complex real estate and construction disputes.

By : admin | September 7, 2025 | Real Estate Litigation