Real estate litigation lawyers handle legal disputes related to real property. This can include issues with buying, selling, leasing, zoning, construction, lending, insurance, and taxation of real estate. Here is a more detailed overview of the responsibilities and work duties of a real estate litigation attorney:

• Handling real estate contract disputes – Real estate deals involve complex contracts and if a dispute arises over the terms, the litigation lawyer can help negotiate a settlement or take the case to court. For example, disputes over who is responsible for repairs, failure to disclose property defects, disagreement over closing terms, failure to pay on time, etc.
• Property title and ownership disputes – The litigation attorney can help resolve disputes over legal title and ownership rights. This includes boundary or survey discrepancies, adverse possession claims, contested inheritances, and fraud or forgery related to property titles.
• Foreclosures and landlord-tenant disputes – When a foreclosure is contested or tenants sue over dispute with a landlord, a real estate litigation lawyer can represent the lender or landlord in the ensuing litigation. Common issues include evictions, rent control, habitability, lease terms, security deposits, etc.
• Easements and land use disputes – Disputes frequently arise over shared driveways, encroachments, nuisance complaints, zoning violations, etc. The litigation attorney handles trespassing and nuisance lawsuits. They also contest any land use decisions or condemnation actions by local authorities that impact property values or development plans.
• Construction defects and mechanics liens – Shoddy construction work can lead to lawsuits over breach of contract, building code violations, mechanics liens, and construction accidents. The real estate litigation lawyer handles these complex construction defect cases and the web of contracts involved.
• Environmental contamination – Property owners often get embroiled in disputes over environmental contamination, underground storage tanks, hazardous waste, asbestos, and lead paint. The litigation attorney handles cases seeking recovery for cleanup costs or property damage.
• Challenging property taxes – Real estate lawyers can contest property tax assessments by filing appeals and lawsuits on a property owner’s behalf if they believe the municipal assessment is inaccurate or unreasonable.
• Negotiating settlements – The litigation lawyer will often negotiate settlement agreements and releases to resolve issues outside of court. They work to secure favorable terms for their client. If no settlement is reached, then they proceed to trial.
• Preparing cases for trial – This involves extensive pretrial preparation including gathering evidence, deposing witnesses, researching case law, retaining expert witnesses, valuing property, drafting legal briefs, and filing the appropriate court motions.
• Representing clients in court – If a settlement is not achieved, the real estate litigation lawyer will zealously advocate for their client during the trial and argue the case before the judge or jury. This can involve questioning witnesses, challenging evidence, and persuading the jury.
• Enforcing judgments – After winning at trial, the attorney will also assist with enforcing the court’s judgment, recovering awarded monetary damages, securing injunctive relief, or obtaining a property transfer through the court if necessary.

In Summation

Real estate litigation attorneys help resolve a wide variety of conflicts and disputes related to real property ownership and transactions. Their litigation skills, real estate knowledge, and experience with contract law are critical to optimally protecting their client’s interests in these complex cases.

Schedule Your Consultation Today

When you need legal help with a real estate issue, you want a lawyer who will truly advocate for you. At our firm, you’ll find an attorney with over 40 years of experience and a proven record of outstanding results for clients.

Michael Feinstein, our founding lawyer, holds the highest possible peer rating from Martindale-Hubbell – AV Preeminent. This honor is reserved for lawyers who demonstrate exceptional legal skills and ethics. He also has a perfect Avvo rating, further underscoring his dedication to clients.

How has Mr. Feinstein earned such high regard from his peers and clients? By consistently providing excellent legal solutions and personalized attention to every case. Over his long career, he has:

• Represented clients in well over 100 trial cases with successful outcomes
• Managed multi-million dollar real estate transactions
• Completed hundreds of commercial and residential deals
• Guided over 100 businesses from startup to financial success

This wealth of experience is an invaluable asset when navigating complex real estate disputes and transactions. Specific examples of Mr. Feinstein’s versatile experience include:

• Winning breach of contract lawsuits related to property sales
• Fighting condemnations and zoning changes that hurt land values
• Holding contractors accountable for construction defects
• Challenging unfair property taxes and assessments
• Recovering damages from environmental contamination
• Asserting title rights in inheritance and boundary disputes

In addition to litigation, we provide comprehensive real estate transactional services including:

• Contract review and negotiation
• Resolving title issues and ownership conflicts
• Landlord/tenant dispute mediation
• Foreclosure defense and assistance
• Property appraisals and valuations
• Eviction notices and hearings
• Complex Commercial Real Estate Litigation

In addition to representing real estate cases we also represent these practice areas as well:

• State and Federal Litigation
• State and Federal Appeals
• Class Action Lawsuit Representation
• Construction Litigation
• Business
• Business Organization
• Complex Legal Corporate Issues
• Contract Attorney
• Employment Lawyer

We’ve even successfully taken over botched cases from less experienced attorneys. Our knowledge runs deep across real estate and business law.

When your property, assets, and investments are on the line – you need an attorney who will fight for your best interests. With over four decades of working closely with South Florida clients, Michael Feinstein has the experience, integrity, and track record to get you optimal results.

To schedule your consultation with our highly regarded real estate attorney, call us today at 954-767-9662. Let our expertise work for you.

FAQS

Q: What types of employment discrimination cases do you handle?

A: We assist clients with all forms of employment discrimination based on protected characteristics such as race, religion, national origin, gender, disability, age, and sexual orientation. This includes discrimination, harassment, wrongful termination, failure to promote, unequal pay, and retaliation.

Q: If I’ve signed an employment contract with an arbitration clause, can I still work with an employment lawyer if issues arise?

A: Yes, absolutely. While an arbitration clause requires disputes to be resolved through arbitration rather than court, you still benefit from consultation with an employment attorney. We can represent you in arbitration proceedings, advise you on the strength of your case, negotiate a favorable settlement, and provide guidance on enforcing the final decision. Many steps are similar to litigation. An experienced employment lawyer can still provide great value despite the arbitration clause.

Boundary disputes between property owners are a common problem that often happen as a result of unclear or improperly marked property lines. These conflicts can escalate and cause a lot of stress for everyone involved. Here are some tips on how to handle a boundary dispute with another property owner and how to get legal help. 

Understanding Boundary Disputes

Boundary disputes occur when there is a disagreement over the location of a property line between two touching properties. They may be caused by things like conflicting surveys, misplaced markers, or unclear property descriptions in deeds. There are four main types of boundary disputes: 

• Encroachment – when a structure, fence, or other improvements cross onto a neighboring property
• Fence and wall disputes – disagreements about the location, ownership, or maintenance responsibilities of fences or walls that mark property lines
• Trespass – unauthorized use or entry onto someone else’s land
• Adverse possession – when someone occupies and uses another person’s property openly and without permission for a significant period, which can lead to a legal claim of ownership

When To Hire A Professional Land Surveyor

If you’re involved in a boundary dispute, it’s important to get an objective opinion. Hiring a professional land surveyor can provide accurate measurements, expert analysis, and documentation of property boundaries to help support your case.

How To Resolve Property Conflicts

In many cases, resolving a boundary dispute through mediation and negotiation can lead to mutually satisfactory outcomes by avoiding the need for costly litigation. During this process, you and your attorney will meet with the other side and a neutral third party who can help you compromise with one another to reach a mutually beneficial resolution. 

If efforts at mediation fail to resolve the boundary dispute, you may need to consider legal action. Start by gathering all relevant documentation, such as property deeds, surveys, photographs, or videos that support your claim of the property boundary. Then, you can work with a lawyer to file a claim. 

Litigation can sometimes be lengthy and emotionally draining. Be prepared for court appearances, negotiations, and potential settlement discussions.

Conclusion

Boundary disputes with other South Florida property owners can be stressful and challenging, but with the right approach, they can be resolved. Contact Feinstein Real Estate Litigation & Business Law today for more information by calling 954-767-9662 or leaving a message using our online contact form. 

The long-held real estate dispute between the Blue Lagoon Condominium Association and Caroline Weiss has reappeared in the news earlier this year after an appellate judge reversed a lower court’s decision that Weiss had “interfered” with the property rights of the association.

In 1997, Weiss allegedly obstructed an easement between Blue Lagoon and her property that was built in 1986 prior to her purchase of the space with dirt and rocks, which prevented condo owners from being able to access the northwest part of 7th Street in downtown Miami. 

The Point Of Contention  

The primary point of contention between the parties arose from a dispute over the meaning of “interference,” and if Weiss’ actions qualified under the legal definition of the word. 

Originally, Miami-Dade Circuit Judge Jose Rodriguez ruled in favor of Blue Lagoon and granted a temporary restraining order that was eventually made permanent, which prohibited Weiss from accessing the Blue Lagoon property and affording the association the right to have any obstructions that are blocking access to the easement. 

A New Building 

However, Weiss was approved to build a condominium on her property in 2017, and a year later in 2018, the association filed a lawsuit alleging that the increased traffic from the construction of a new high-rise condo would violate the terms of the original easement agreement. A court ruled against the association, stating that construction plans don’t interfere with the easement. 

An appeals court then later ruled that the construction does obstruct and interfere with the easement according to the generally accepted definition of the term “interfere.” But on the third appeal, Weiss finally came out ahead when Judges Fleur Lobree, Norma Lindsey, and Ivan Fernandez ruled that the previous court took the term out of context and misapplied the law when the case was decided in the condo association’s favor. 

Weiss now has legal permission to continue building, so long as the 40 foot easement remains unobstructed. But what seemed to be a relatively straightforward dispute spanned more than 25 years, all over the understanding of what a single word meant. 

Are you involved in a real estate dispute or are considering filing a dispute against another property owner? Contact Feinstein Real Estate Litigation & Business Law for a consultation to discuss your legal options by calling 954-767-9662.

Real estate litigation is a complex and often contentious process that involves disputes between buyers, sellers, landlords, tenants, and other parties involved in the ownership or use of real property. 

Whether you are a property owner, tenant, or investor, you need to understand the dos and don’ts of real estate litigation in Florida to protect your property rights and achieve a successful outcome in your case.

The Do’s of Real Estate Litigation

Do seek legal advice early on. Your attorney can review your case and provide you with guidance on the most effective legal strategies to achieve your goals.

Do gather evidence and documentation. Evidence is critical to building a strong case. Be sure to gather all relevant documents, such as contracts, leases, deeds, and financial statements, as well as any correspondence or other evidence that supports your position.

Do consider alternative dispute resolution. Litigation can be expensive, time-consuming, and emotionally draining. Consider the benefits of alternative dispute resolution methods, like mediation or arbitration, which can be more cost-effective and less adversarial than going to court.

Do stay informed and involved. Court cases can take a long time, but it’s critical to stay informed and involved. Attend all court hearings and meetings with your lawyer and ask questions to ensure that you understand the legal process and your rights.

The Don’ts of Real Estate Litigation

Don’t ignore the problem. Real estate disputes often escalate quickly, and ignoring the problem can lead to serious legal and financial consequences.

Don’t make emotional decisions. Real estate disputes can be emotional and stressful, but it is important to make decisions based on facts and legal principles, rather than emotions. Work with your attorney to develop a clear legal strategy and avoid making rash decisions that could harm your case.

Don’t communicate directly with the other party. Avoid contacting the other party directly, as this can lead to misunderstandings and potentially harm your case. Instead, communicate only through your attorney. 

Don’t forget about the long-term implications. Real estate litigation can have long-term implications for your property rights and financial well-being. Consider the potential consequences of your legal decisions and work with your attorney to develop a strategy that protects your long-term interests.

Call Feinstein Real Estate Litigation & Business Law today for a consultation by dialing 954-767-9662.

Real estate, a fundamental component of our lives, is often a source of both investment opportunities and legal disputes. In the realm of real estate, conflicts can arise from various aspects, such as property transactions, contract breaches, boundary disputes, zoning regulations, or construction defects. When these disputes escalate, real estate litigation becomes necessary to resolve conflicts and safeguard the interests of the parties involved. In this blog, we will delve into the world of real estate litigation, exploring its key aspects, common types of disputes, the litigation process, and the importance of seeking professional legal representation.

Understanding Real Estate Litigation

Real estate litigation refers to the legal process of resolving disputes related to property rights, ownership, and contractual obligations. It encompasses a broad spectrum of issues, ranging from disagreements between buyers and sellers, landlords and tenants, contractors and homeowners, to conflicts arising from boundary disputes or title defects. Real estate litigation can be complex, involving intricate laws, regulations, and procedures that vary from jurisdiction to jurisdiction. Therefore, it is crucial to consult with an experienced real estate attorney who can navigate this intricate terrain and provide sound legal advice.

Common Types of Real Estate Disputes

Contract Disputes: Breach of contract claims are common in real estate, where one party fails to fulfill their obligations, such as non-payment, failure to deliver the property as promised, or failure to disclose material defects.

Property Ownership Disputes: These conflicts often arise when multiple parties claim ownership rights over property or when there are boundary disputes. Adverse possession claims, easement disputes, or disagreements over rights of way fall under this category.

Landlord-Tenant Disputes: Disagreements between landlords and tenants can range from lease violations, eviction proceedings, failure to maintain the premises, or security deposit disputes.

Construction Defects: When construction projects result in defects or deficiencies, conflicts can arise between property owners, contractors, architects, and subcontractors. Common issues include structural defects, water intrusion, faulty electrical or plumbing systems, or code violations.

Zoning and Land Use Disputes: Conflicts can emerge from disagreements regarding land use restrictions, zoning ordinances, or permit approvals, impacting property owners, developers, or local municipalities.

The Real Estate Litigation Process

Real estate litigation typically follows a series of stages:

Case Evaluation and Consultation: The initial step involves consulting with a real estate attorney who can assess the merits of the case, identify legal remedies, and advise on potential outcomes.

Pre-Litigation Negotiations: In some cases, parties may attempt to resolve disputes through negotiation, mediation, or arbitration before resorting to formal litigation. These alternative dispute resolution methods can save time, and costs, and preserve relationships.

Filing a Lawsuit: If negotiations fail, the aggrieved party may file a lawsuit, initiating the formal litigation process. This involves preparing legal documents, such as a complaint, and serving it to the opposing party.

Discovery: Both parties exchange relevant information and evidence through the discovery process. This may include depositions, interrogatories, document requests, and expert witness testimonies.

Settlement or Trial: During litigation, parties may engage in settlement discussions to reach a mutually acceptable resolution. If a settlement cannot be reached, the case proceeds to trial, where a judge or jury will make a final decision based on presented evidence and arguments.

Enforcement and Appeals: After a judgment is rendered, the winning party may need to enforce the judgment through various means, such as seizing assets or filing liens. Parties dissatisfied with the judgment can pursue appeals in higher courts, seeking a review of the decision.

The Importance of Legal Representation

Real estate litigation involves complex legal procedures, intricate laws, and nuanced contractual obligations. Engaging a qualified real estate attorney is essential to navigate these complexities, protect your rights, and maximize your chances of a favorable outcome. An attorney with expertise in real estate litigation can provide a thorough analysis of your case, develop effective strategies, negotiate on your behalf, and represent you in court if necessary. They possess the knowledge and experience to interpret and apply relevant laws and assess the strength of evidence, and counter-arguments presented by opposing parties. Furthermore, attorneys understand the local legal landscape and have established relationships with professionals such as appraisers, surveyors, and experts who can provide valuable insights and support your case. Investing in professional legal representation ensures that your interests are safeguarded and increases the likelihood of achieving a successful resolution to your real estate dispute.

Conclusion: Real estate litigation is a complex realm that requires careful navigation. By understanding the various types of disputes, the litigation process, and the importance of seeking professional legal representation, you can better protect your interests and secure a favorable resolution in your real estate conflicts. Remember, a knowledgeable attorney is your greatest ally in the challenging terrain of real estate litigation.

The world of money and commercial transactions has seen enormous developments and conveniences thanks to the digital age. It has, however, also created additional difficulties for creditors who are trying to uphold their rights. Creditors must adapt as technology continues to change how we do business and use smart tactics to protect their interests. In this blog, we’ll look at the new problems facing creditors in the digital era and talk about ways to reduce risks. We will also emphasize Feinstein Real Estate Litigation & Business Law as a reputable company dedicated to defending creditors’ rights in this dynamic environment, led by renowned attorney Michael L. Feinstein.

I. The Changing Landscape of Creditors’ Rights in the Digital Age

A. Rise of Online Transactions

• Discussing the increasing prevalence of online transactions and their impact on creditors’ rights
• Highlighting the challenges posed by virtual currency, digital assets, and non-traditional payment methods
• Exploring the need for creditors to adapt to the digital landscape to effectively protect their interests

B. Data Security and Privacy Concerns

• Examining the heightened risks of data breaches and cyberattacks for creditors
• Discussing the importance of safeguarding sensitive financial information and customer data
• Highlighting legal requirements and best practices for data security and privacy compliance

C. Digital Identity and Verification

• Exploring the challenges of verifying digital identities in credit transactions
• Discussing the importance of robust identity verification protocols to prevent fraud
• Highlighting emerging technologies and solutions for secure digital identity verification

II. Solutions for Protecting Creditors’ Rights in the Digital Age

A. Robust Contractual Protections

• Highlighting the importance of well-drafted and updated contracts in the digital era
• Discussing clauses that address electronic signatures, data breaches, and dispute resolution methods
• Emphasizing the role of Creditor’s Rights lawyers in crafting comprehensive contractual protections

B. Enhanced Due Diligence Processes

• Exploring the need for thorough due diligence in digital transactions
• Discussing the importance of verifying the legitimacy and financial stability of digital entities
• Highlighting tools and resources available to conduct comprehensive digital due diligence

C. Cybersecurity Measures and Compliance

• Discussing cybersecurity best practices for creditors to protect sensitive financial data
• Highlighting the importance of regular security audits, employee training, and incident response plans
• Discussing legal and regulatory compliance requirements related to data security and privacy

III. Feinstein Real Estate Litigation & Business Law: Protecting Creditors’ Rights in the Digital Age

A. Introduction to Feinstein Real Estate Litigation & Business Law

• Highlighting the expertise and reputation of Michael L. Feinstein and his team
• Discussing the firm’s specialization in creditors’ rights and business law
• Emphasizing the firm’s commitment to staying abreast of emerging digital trends and challenges

B. Track Record of Success

• Sharing notable case studies where Feinstein Real Estate Litigation & Business Law successfully protected creditors’ rights in the digital age
• Highlighting the firm’s experience in handling complex digital transactions and resolving disputes
• Showcasing testimonials and client feedback to reinforce the firm’s reputation as a trusted advocate for creditors

C. Tailored Legal Strategies for the Digital Landscape

• Discussing the firm’s approach to addressing emerging challenges in the digital age
• Highlighting the firm’s ability to provide customized legal solutions for digital transactions, data security, and compliance
• Emphasizing the firm’s dedication to protecting creditors’ rights in the ever-evolving digital landscape

Conclusion:

Protecting creditors’ rights necessitates attention and agility as the digital era continues to change the financial and commercial world. Creditors may reduce risk and protect their interests in the digital age by comprehending new difficulties and putting effective solutions in place. Under the direction of Michael L. Feinstein, Feinstein Real Estate Litigation & company Law is a reputable name recognized for its knowledge of creditors’ rights and company law. Creditors may successfully navigate the challenges of the digital era and ensure that their rights are upheld in this dynamic environment by working with an experienced creditor’s rights attorney.

The Florida Association of Realtors has sued Marco Island for imposing a short-term rental regulations that the Association claims is unfair. Vacation rental owners are primarily impacted by the new regulations, which aim to limit noise and congestion in the area. 

Here’s what to know about the ordinance and when you should reach out for legal advice. 

The New Rules For Short-Term Rental Owners

Political action committees like Take Back Marco lobbied for new regulations that would make it harder for property owners to rent out their homes while not in use. The committee claims that the area was too full of tourists and residential areas had “gotten out of control,” requiring the group to take immediate action. 

Short-term rental owners now must comply with terms that the Association of Realtors say are unreasonable and intended to reduce the amount of business vacation home owners can do. 

These new rules include conditions like: 

• No noise should be heard within 25 feet at night and 50 feet during the day 
• Detailed fire inspections must be completed annually 
• Property owners must purchase high-value insurance coverage 

The Association also points out that these regulations don’t apply to long-term rental properties or homes owned by families. They specifically single out vacation home owners who want to rent their properties out while they’re not using them. 

Does It Violate Florida Law? 

The question this lawsuit presents is whether or not the island’s new ordinance violates state law. The Association claims it does, citing the infringement of Florida’s Equal Rights statutes. 

The lawsuit references a law that states local governments aren’t allowed to issue ordinances that ban vacation rentals or negatively impact the frequency, duration, or revenue of those rentals. Now, a judge will need to review the case and determine which side is within their legal bounds. 

When To Get Qualified Legal Help 

The most important thing you can do when dealing with a real estate dispute is reach out for qualified legal assistance as quickly as possible. The outcome of your case depends on the skill and expertise of your attorney, so you need to make sure you’re working with a lawyer who understands how to navigate Florida real estate law and can zealously advocate for a resolution in your favor. 

Contact Feinstein Real Estate Litigation and Business Law today for a consultation by dialing 954-767-9662.

If you rent out a commercial building in Florida and need to evict your tenant, there’s a specific process you’ll need to follow. If you don’t take these steps, your tenant could have a legal claim against you. Here’s what you need to know and how a Florida commercial real estate attorney can help. 

Step 1: Issue A Warning 

For evictions due to nonpayment of rent, you’ll need to issue a written warning first. Make sure you do this at least 3 days in advance of their eviction date.

For other types of evictions, landlords need to warn their tenants at least 15 days ahead of time.   

Step 2: File A Complaint For Possession Of Your Property 

Ideally, your tenant is able to vacate your property on the date of their eviction. If this doesn’t happen, you can file a complaint for possession with the court. The tenant must be properly served the complaint and has up to 5 days to respond.   

Step 3: Respond To Any Counterclaims 

Then, your commercial tenant can make a counterclaim against you. If they deny the reason for the eviction or claim that they have a right to continue using the property, they can file a response with the court. 

Be prepared to go back and forth with your tenant for a while before a court hearing is scheduled. 

Step 4: Attend Your Court Hearing 

Finally, you’ll make your case in court as to why your tenant should be evicted. They will also argue their side. After all the evidence is reviewed, the judge will issue a verdict. The judge may rule in your favor and force the tenant to leave, or they could rule in favor of your tenant and give them more time to get moved out. 

Usually, judges in Florida side with landlords unless they clearly violated their contract with the tenant and caused damages as a result.  

Call Feinstein Real Estate Litigation & Business Law 

Evicting a commercial tenant in Florida is complicated. You need reliable legal counsel and advocacy you can trust. At Feinstein Real Estate Litigation and Business Law, we’ll fight for an outcome in your company’s best interests. We’ll apply our robust skills and experience to make sure your commercial property eviction goes smoothly.

Contact Feinstein Real Estate Litigation and Business Law now for a consultation by dialing 954-767-9662.

Buying a condo in development comes with risks. You could lose money if your developer files for bankruptcy before the project is completed.

Here are some ways to handle this problem.

Check Your Contract 

The first thing you should do is read over your building contract. It should outline the steps you should take if the developer stops working. 

Usually, a new developer is hired to complete the project. This allows construction to continue normally. 

Contact Your Escrow Company 

Most buyers put their deposits in escrow. This is a third-party service that holds the money until your building project is completed. If something bad happens, the escrow company can refund you.

Contact your escrow company to let them know your developer declared bankruptcy. You may need to give them a copy of your building contract. Your funds should be released when the company verifies the developer abandoned the project.

If you paid the deposit to the developer themselves, you have fewer options to get it back. 

You Might Lose Interest 

Unfortunately, you might lose interest if your developer declares bankruptcy. Even if you get your deposit back, that money would have earned interest had you invested it somewhere else. 

This is something to consider when buying unfinished property. You may want to put your deposit in the bank instead of paying your developer so you can earn interest while you wait for your project to be completed. 

If your developer cancels the project, you won’t have lost any money. You also won’t have to wait for escrow to return your deposit. 

How Florida Property Buyers Can Protect Themselves 

Make sure any contract you sign clearly states what happens if the builder goes bankrupt. It should also cover if you will get your deposit back and how. Don’t sign anything before your lawyer has a chance to look over it. 

If the contract you’re given doesn’t protect you, your attorney can draft a new agreement for your developer to sign instead.

Experienced Legal Representation For Florida Developer Disputes 

Feinstein Real Estate Litigation & Business Law can provide you with comprehensive legal support if your developer declares bankruptcy. Our experienced legal team has the skills to negotiate zealously on your behalf to get the best outcome possible. 

Call our office now for a consultation at 954-767-9662 and we can start right away.

When you decide to build a home, it’s crucial to read the fine print in your contract and know what to expect and what you’re getting before signing on the dotted line. Many Florida developers take advantage of unsuspecting buyers, who often believe they’ve finally invested in their dream home, like the homebuyers of the still-under-construction Coconut Grove townhouse community. 

60 Days vs. 3 Years Of Construction & Development 

A group of Florida homebuyers became involved in a 60-day project that has turned into 3 years of nightmarish back-and-forth between the homebuyers and the developer’s legal team, who continue to claim that they couldn’t help the delays. But, this pattern isn’t uncommon in South Florida where property value is at an all-time high and developers can collect a down payment from each buyer well in advance of being required to provide access to the purchased property. 

And in the case of the Coconut Avenue townhomes, it begs the question of whether a developer is ever required to produce the property or if they can claim infinite delays. Some home buyers have brought forth lawsuits, but the original contracts state that the cases must be handled via mediation or arbitration – a huge benefit to the developer that has resulted in the dismissal of litigation suits. 

Here’s how to read your home building contract and what to look for to make sure you’re not signing something that puts you at a disadvantage later on if your developer decides not to deliver. 

Red Flags To Look For In Your Home Building Contract 

Since your building contract is legally binding, you need to make sure the terms work for you. The contract should include specific language about the details of the project, what materials will be used and where they’ll be sourced, how long the project will take, what warranties are available, and any special terms that both parties have agreed upon. 

When reviewing your contract, be sure to look for: 

• Misleading terms and conditions 
• Unfair payment schedules
• Hidden costs 
• Vague language 
• Missing details 
• Large upfront deposits 
• Arbitration or mediation-only agreements 

Ideally, you will be able to back out of the contract at any time and for any reason, but this may not be feasible. Make sure the terms are at least reasonable for you and that you won’t be stuck honoring your end of the contract while your developer is free to do as they like. 

Look for terms like “at developer’s discretion” or “unless otherwise noted,” which are phrases that essentially allow the developer to decide what they mean later on, depending on what will benefit them the most. 

Feinstein Real Estate & Business Litigation Law can provide you with comprehensive legal representation for your building project. Call now at 954-767-9662.