Resolving Broker Commission Disputes In South Florida

In South Florida real estate, broker commission disputes are not uncommon. These disagreements can arise from various situations and can significantly impact the financial well-being and professional relationships of those involved. Understanding the causes of these disputes and knowing how to handle them effectively is important for brokers and agents alike.  Let’s explore the common causes of broker commission disputes, steps to resolve them, and how a Real Estate Litigation Lawyer can help you in achieving a fair outcome.

Common Causes of Broker Commission Disputes

Broker commission disputes can arise from a variety of scenarios, including:

1. Non-Payment of Commissions

One of the most common disputes occurs when a broker or agent fails to receive their agreed-upon commission after a transaction closes. This can happen due to oversight, miscommunication, or intentional withholding by the party responsible for payment.

2. Disputed Commission Splits

Disagreements over how commissions should be split between brokers or agents often lead to disputes. This can be especially contentious in situations involving co-brokering, referral fees, or when multiple agents are involved in a single transaction.

3. Breach of Contract

A breach of the commission agreement can occur if one party fails to adhere to the terms set forth in the contract. This can include failure to perform specific duties, violating non-compete clauses, or misrepresenting services.

4. Unclear Commission Agreements

Ambiguities in commission agreements can lead to misunderstandings and conflicts. Vague terms or the absence of a written agreement can result in differing interpretations of who is entitled to what portion of the commission.

5. Dual Agency Conflicts

In dual agency situations, where a broker or agent represents both the buyer and the seller, conflicts over commission entitlement can arise. This is due to the inherent conflict of interest and the potential for perceived favoritism.

Steps to Resolve Broker Commission Disputes

Resolving commission disputes promptly and fairly is essential to maintaining professional relationships and avoiding prolonged litigation. Here are the steps to take when faced with a commission dispute:

1. Review the Agreement

The first step is to thoroughly review the commission agreement or contract. Understanding the specific terms and conditions outlined in the agreement is crucial in determining the validity of the dispute.

2. Gather Evidence

Collect all relevant documentation, including emails, correspondence, transaction records, and any other evidence that supports your claim. This evidence will be essential in building your case.

3. Attempt Mediation

Mediation is a valuable tool for resolving disputes without resorting to litigation. A neutral third party can help facilitate a fair resolution by encouraging open communication and negotiation between the parties involved.

4. Consult with an Attorney

If mediation fails or is not an option, consulting with an experienced real estate attorney is essential. An attorney can provide legal advice, negotiate on your behalf, and represent you in court if necessary.

5. File a Legal Claim

As a last resort, filing a legal claim may be necessary to resolve the dispute. This involves taking the matter to court, where a judge will determine the outcome based on the evidence presented.

The Role of Legal Assistance

Legal assistance plays a crucial role in resolving broker commission disputes. An experienced real estate attorney can:

• Provide Expert Advice: An attorney can assess the merits of your case and provide guidance on the best course of action.
• Draft Clear Agreements: Ensuring that commission agreements are clear and comprehensive can prevent disputes from arising in the first place.
• Negotiate Settlements: Attorneys can negotiate on your behalf to reach a fair settlement without the need for litigation.
• Represent You in Court: If litigation is necessary, an attorney will represent your interests and present a compelling case to the court.

Broker commission disputes can be stressful and contentious, but with the right approach, they can be resolved fairly and efficiently. By understanding the common causes of these disputes, taking proactive steps to address them, and seeking legal assistance when necessary, brokers and agents can protect their interests and maintain positive professional relationships.

If you’re facing a broker commission dispute, don’t try to manage it alone. Contact Feinstein Real Estate Litigation & Business Law for trusted legal support. Our experienced attorneys are dedicated to helping you resolve disputes efficiently and effectively. Reach out to us today for a consultation and let us help you achieve a favorable outcome.

Feinstein Real Estate Litigation & Business Law
501 East Las Olas Blvd., Suite 300,
Fort Lauderdale, FL 33301
Phone: 954-767-9662
Fax: 954-525-4300
Website: feinsteinlaw.net

Business Litigation Attorney Near Me: Finding Expert Legal Support

Business disputes can escalate quickly in South Florida, threatening the stability and profitability of your company. When these conflicts arise, having a trusted business litigation attorney nearby can make a significant difference in resolving issues efficiently and effectively. If you’re in the Fort Lauderdale area, Feinstein Real Estate Litigation and Business Law offers unparalleled expertise in navigating complex business disputes.

The Importance of a Local Business Litigation Attorney

Choosing a local business litigation attorney offers numerous advantages. Proximity allows for more personal interaction and better understanding of the regional business landscape. Here are key reasons to choose a nearby attorney:

• Accessibility: Frequent, face-to-face meetings facilitate better communication and understanding of your case.
• Local Knowledge: Local attorneys have a deep understanding of the regional legal environment and business community.
• Timely Response: Being nearby ensures that your attorney can respond quickly to urgent matters.
• Community Connections: Local attorneys often have established relationships with local courts and other legal professionals, which can be beneficial for your case.

What Does a Business Litigation Attorney Do?

A business litigation attorney specializes in resolving disputes through legal proceedings. Their role encompasses a variety of responsibilities aimed at protecting your business interests, including:

• Legal Counseling: Providing expert advice on the best course of action in a dispute.
• Drafting Legal Documents: Preparing necessary legal paperwork to support your case.
• Negotiation: Attempting to resolve disputes through settlements to avoid lengthy litigation.
• Litigation: Representing your business in court, presenting evidence, and arguing your case.
• Post-Judgment Enforcement: Ensuring that court decisions are enforced and any awarded damages are collected.

Common Business Litigation Issues

Business litigation can involve a wide range of disputes. Understanding these common issues can help you identify when you need legal assistance:

• Breach of Contract: Disputes over terms, performance, and enforcement of business agreements.
• Partnership and Shareholder Disputes: Conflicts among business partners or shareholders regarding control, profit distribution, and company management.
• Employment Litigation: Issues such as wrongful termination, discrimination, and wage disputes between employers and employees.
• Intellectual Property Disputes: Legal conflicts involving trademarks, patents, copyrights, and trade secrets.
• Commercial Real Estate Disputes: Disagreements over property transactions, leases, and development projects.

How Feinstein Real Estate Litigation and Business Law Can Help

Feinstein Real Estate Litigation and Business Law offers comprehensive legal services tailored to meet the needs of businesses facing litigation. Here’s how their experienced attorneys can assist you:

• Case Evaluation: Conducting thorough assessments of your situation to determine the best legal strategy.
• Evidence Gathering: Collecting and preserving crucial evidence to support your case.
• Strategic Planning: Developing detailed legal strategies aimed at resolving disputes favorably.
• Aggressive Representation: Providing strong courtroom advocacy to protect your business interests.
• Settlement Negotiation: Leveraging negotiation skills to achieve favorable settlements without resorting to court.

Steps to Take When Facing Business Litigation

If you find yourself in the midst of a business dispute, taking the following steps can help safeguard your interests:

1. Consult a Business Litigation Attorney: Seek legal advice immediately to understand your rights and options.
2. Document All Interactions: Maintain detailed records of all communications and transactions related to the dispute.
3. Preserve Evidence: Ensure all relevant documents and evidence are preserved and readily accessible.
4. Attempt Amicable Resolution: Consider negotiation or mediation to resolve the dispute without litigation.
5. Prepare for Court: If litigation is unavoidable, work closely with your attorney to build a strong case.

Why Feinstein Real Estate Litigation and Business Law?

Feinstein Real Estate Litigation and Business Law in Fort Lauderdale is committed to providing exceptional legal support for business litigation cases. Here’s why they are the right choice for your business:

• Extensive Experience: The firm’s attorneys have a proven track record in handling complex business litigation.
• Client-Centered Approach: They offer personalized legal solutions tailored to each client’s unique needs.
• Strategic Insight: The firm’s strategic approach ensures that all aspects of your case are thoroughly considered.
• Local Expertise: As a Fort Lauderdale-based firm, they possess an in-depth understanding of the local business and legal environment.
• Dedicated Support: The team is dedicated to achieving the best possible outcomes for their clients.

FAQ: Business Litigation Attorneys Near Me

Resources for Business Litigation in Fort Lauderdale

Here are some local resources to assist you with business litigation

Business litigation can be a complex and stressful process, but with the right legal support, you can navigate these challenges effectively. Feinstein Real Estate Litigation and Business Law in Fort Lauderdale offers the expertise and dedication needed to resolve your disputes and protect your business interests. Whether through negotiation, mediation, or litigation, their team is committed to achieving the best possible outcome for you. If you’re facing a business dispute that requires legal intervention, don’t hesitate to seek their professional advice and representation.

Discovery is a critical phase in complex commercial litigation that allows parties to gather and exchange information relevant to the case. It is a process of uncovering evidence, evaluating the strengths and weaknesses of each party’s claims, and preparing for trial. However, navigating discovery can be complex and time-consuming, requiring strategic planning and efficient execution. In this blog post, we will demystify the discovery process in complex commercial litigation, discussing best practices and efficient techniques to help attorneys effectively manage this crucial stage.

I. Understanding the Discovery Process in Complex Commercial Litigation

The discovery process can vary depending on the jurisdiction and specific case, but it generally involves the following key elements:

1. Initial Disclosures:
   • Identifying the parties involved and providing relevant documents and information.
   • Exchanging information regarding potential witnesses and expert testimony.
2. Document Production:
   • Strategically identifying and requesting relevant documents from the opposing party.
   • Reviewing and organizing the received documents for analysis and potential use as evidence.
3. Interrogatories and Requests for Admissions:
   • Submitting written questions to the opposing party to clarify facts or seek admissions.
   • Reviewing and responding to interrogatories and requests for admissions from the opposing party.
4. Depositions:
   • Conducting oral examinations of witnesses under oath.
   • Preparing for and defending depositions to elicit valuable information and assess witness credibility.

II. Best Practices for Efficient Discovery in Complex Commercial Litigation

To ensure a smooth and efficient discovery process in complex commercial litigation, attorneys can follow these best practices:

1. Early Case Assessment:
   • Conducting a thorough analysis of the case to identify key issues, potential evidence, and relevant witnesses.
   • Developing a discovery plan tailored to the specific needs of the case.
2. Effective Communication and Cooperation:
   • Maintaining open lines of communication with opposing counsel to streamline the discovery process.
   • Cooperating in good faith to narrow down and prioritize discovery requests, reducing unnecessary disputes and delays.
3. Technology-Assisted Discovery:
   • Utilizing advanced legal technology tools for document review, keyword searching, and data management to streamline the discovery process.
   • Employing e-discovery techniques to efficiently process and analyze electronic documents, reducing time and costs.

III. Feinstein Real Estate Litigation & Business Law: A Trusted Brand in Complex Commercial Litigation

When it comes to complex commercial litigation, one name that stands out is Michael L. Feinstein, a renowned attorney specializing in real estate litigation and business law. With a wealth of experience and expertise in handling complex disputes, Michael L. Feinstein and his firm, Feinstein Real Estate Litigation & Business Law, have built a strong reputation for their commitment to client success and effective litigation strategies.

• Deep Understanding of Complex Commercial Litigation:
  • Michael L. Feinstein and his team possess in-depth knowledge of the complexities involved in commercial litigation, allowing them to navigate the discovery process with precision and efficiency.
• Tailored Approach to Discovery:
  • Recognizing the unique aspects of each case, Feinstein Real Estate Litigation & Business Law develops a customized discovery strategy to uncover critical evidence and support clients’ positions effectively.
• Cutting-Edge Technology Integration:
  • The firm leverages state-of-the-art legal technology tools to enhance the discovery process, ensuring a comprehensive and cost-effective approach.
• Track Record of Success:
  • With a track record of successful outcomes in complex commercial litigation cases, Michael L. Feinstein and his firm have earned the trust and respect of clients and peers alike.

Conclusion:

Demystifying the discovery process is crucial for attorneys involved in complex commercial litigation. By following best practices and employing efficient techniques, attorneys can effectively manage discovery, gather essential evidence, and prepare a strong case for trial. When faced with complicated commercial litigation, the reputable firm of Feinstein Real Estate Litigation & Business Law, led by Michael L. Feinstein, is prepared to offer clients excellent legal counsel and help them navigate the complexities of the discovery process, resulting in favorable outcomes.

Homeowners in Valencia Bay, Florida have filed a lawsuit against the Valencia Bay Homeowners Association for the planned removal of more than 300 oak trees throughout the community. Members of the HOA were notified on May 4th, 2022 that the removal was set to begin later in the month and be completed by July 2022. The HOA was not clear as to why it intended to have the trees removed or what problem the trees posed that necessitated their removal. 

HOA Targets Oak Trees Only a Few Years Old 

When the Valencia Bay neighborhood was planned and built by GL Homes just a few years ago, the oak trees were brought in and planted. They have not yet reached maturity and require ongoing maintenance, which can be expensive. Area homeowners suggest this may be the reasoning behind the shift. They contend that landscaping is a native part of running an HOA and an appropriate amount of annual fees paid into the organization should be reserved for lawn and garden care. 

Lawsuit Fires Back 

In the lawsuit, homeowners point out the many benefits the trees have for the community. “The Association intends to remove 212 Oak Trees located on individual privately owned lots and 131 oak trees located in the common areas. The subject oak trees beautify the community, provide a common character for the community which strengthens property values, provide shade and relief from the heat of Florida summers, and serve as nesting shelters for many native birds, including the mockingbird.”

It’s currently unknown how many homeowners have joined the lawsuit, but at least one will be represented. The lawsuit also alleges that the HOA violated Palm Beach County law by failing to file a Vegetation Remove and Replacement form. 

Comprehensive Legal Representation for South Florida Real Estate Disputes 

If you are involved in a real estate dispute with an HOA as a property owner, it’s important to secure adequate legal representation to defend your best interests. The HOA likely has access to good legal resources, which can be difficult to go up against on your own. 

Feinstein Real Estate Litigation & Business Law is an experienced Florida litigation firm that can help you protect the value you’ve invested in your property. Call today to book an appointment for a consultation in our comfortable Fort Lauderdale office by dialing 954-767-9662.

Governor Ron DeSantis of Florida (R) has convened a special legislative session to discuss proposals to make property insurance more affordable within the state. Continue reading to learn about the property insurance in Florida and how an experienced real estate litigation attorney can help you overcome ownership, construction, and insurance disputes should they arise. 

DeSantis Calls For May Legislative Session 

DeSantis has scheduled a special session in a pronouncement to address a variety of concerns regarding the state’s current insurance industry. DeSantis is considered a major contender for the Republican presidential nomination in 2024. The special session in Florida will begin on May 23rd and go through May 27th. 

Issues At Hand Described By the DeSantis Administration 

Per DeSantis’ administration, the issues that will be brought forth during the special session include allegedly “frivolous” lawsuits. Although Florida only constitutes 9% of the nation’s total number of homeowners’ insurance claims, it accounts for a staggering 79% of the country’s homeowners’ insurance lawsuits. Other issues to be addressed include $2B in underwriting losses over a two-year period and the bankruptcy of four homeowners’ insurance providers. The state will also decide if it should act to stabilize the insurance market as a whole.  

Assured Research Makes a Statement 

“The order doesn’t mention the possible downgrade of ‘a number of companies’ as dominant. But we suspect the downward spiral of the publicly traded parent of FedNat Insurance Company following its April downgrade to ‘S’ (Substantial) from ‘A’ (Exceptional).” The company continued, stating that “if a substantial hurricane makes landfall in FL this season the problems could be worse, though we suppose the state could leverage its public finance mechanisms (e.g., a bond issuance or tapping the FHCF in creative ways) to make homeowner’s whole – it is an election year for the FL Governor, after all.”

How to Get Help Fighting a Real Estate or Insurance Dispute In Florida  

Are you involved in a real estate or insurance dispute in South Florida? Don’t hesitate to get the legal representation you need to ensure the outcome of your case is successful. Reach out to Florida real estate litigation law firm Feinstein Real Estate Litigation & Business Law at 954-767-9662 today for a consultation to discuss the specifics of your case. We can help protect your Florida business and real estate holdings under the law and to the best of our abilities. 

Coldwell Banker Real Estate Agent Sued After Double-Ended South Florida Sale

Barry Cohen and his wife made a generous offer for a waterfront South Florida home located in Sarasota on West Royal Flamingo Drive after falling in love with the property during a real estate showing. Even though their offer was $400,000 over the asking price, another bidder’s offer was accepted, prompting Barry to visit the homeowner and ask what had happened. 

Real Estate Agent Obscures Best Offer 

The owner and Barry Cohen soon discovered that Roger Pettingell, a real estate agent with Coldwell Banker, had acted as the transaction broker for both the owner and the winning bidder. In order to make the offer of the bidder for whom he served as a broker look more attractive to the homeowner, Pettingell was allegedly dishonest and hid information about the other offers to sway the owner’s decision. 

This proved effective since the owner of the property did not know that Cohen’s offer was the highest and that he volunteered to waive the inspection. As a result, the owner accepted a lower offer, not having been provided all offers in writing by Pettingell.  

Coldwell Banker Sued After Agent Collects Double Commission  

Acting as the transaction broker for the owner and winning bidder allowed Pettingell to collect a 6% commission on the sale, versus the 3% he would have collected had he only served as the broker for the owner. This totaled $276,000 or more than a quarter-million dollars on a single sale. 

Pettingell is now named as a defendant in a lawsuit against himself and Coldwell Banker, which alleges that Pettingell failed to meet his obligations to present all offers to the seller equally, in writing, in order to manipulate the seller into selecting the buyer whom Pettingell also represented. 

Get Help from a Real Estate Litigation Attorney Today 

In Florida, a real estate agent cannot represent both the buyer and seller of a property. However, the law allows agents to get around this by acting as a transaction broker for both. In situations like this, unscrupulous real estate professionals can take advantage of both buyers and sellers to collect a double commission. 

Get help with your real estate dispute from an experienced South Florida litigation attorney by contacting Feinstein Real Estate Litigation & Business Law at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), or 305-728-5267 (Miami). Our legal team is available now to assist you.

Garage Design Snag Stalls Billionaire Cohen’s West Palm Point Office Building Proposal

The 10-story parking garage redesign for the already 23-story office building proposal was opposed by Palm Beach commissioners, prompting Cohen’s legal counsel to tease litigation. 

Wealthy investor Charles Cohen is vying to have the construction of a 23-story office building in downtown West Palm Beach approved by the city. However, a redesign of the 10-story garage was rejected by city commissioners, further delaying the start of the project. 

At the beginning of November, West Palm Beach city commissioners opted to postpone their decision on a design plan offered by Cohen for the West Palm Point development for the third time without adequate reasoning.  

The West Palm Point Development 

Cohen’s West Palm Point development is estimated to be worth more than $100 million. It will include 430,374 square feet of flexible office space, a 480-square-foot café on the roof, and 16,630 square feet of commercial and retail space on the first floor. 

Pelli Clarke Pelli Architects was chosen as the project’s design team as required by the city. Pelli Clarke Pelli changed its concept of the 1,195-space parking structure for the development by including a wall of organic greenery to obscure the building and make it look less like a parking garage. 

Multiple Delays By Palm Beach Commissioners

At the city’s sessions on Sept. 20 and Oct. 28, officials postponed voting on the proposed West Palm Point development. Cohen’s construction and design team thought that the renovated carpark would help create support for six zoning exemptions needed for the project but was initially rejected by the municipal administration. 

The redesigned parking structure, however, did not satisfy municipal commissioners. They continued to request a “parking garage that doesn’t look like a parking garage,” per commissioner Kelly Shoaf. The vote has been further postponed until their next session on December 13, 2021, due to a unanimous vote made during the early November meeting.

The attorney speaking on behalf of project management for the West Palm Point development says, “We’ll work as best we can to try to make something happen, so we don’t have to end up in a lawsuit, because that’s the only other option. We don’t want to go there. But I don’t know how to answer the question of what it should look like, and I’m worried we’re not going to be able to truly do that.” 

Involved In Real Estate Litigation? Get Help From an Experienced Palm Beach, Florida Lawyer 

Feinstein Real Estate Litigation & Business Law has the skills and expertise needed to provide your business with comprehensive legal representation during a construction dispute. Call now at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami).

Champlain Towers South, a 12-story oceanfront condo in Surfside, Florida, just outside of Miami, partially collapsed on June 24, 2021 at 1:25 a.m. The devastating collapse resulted in 97 confirmed deaths and 11 injuries, making it one of the most fatal in U.S. history.   

What Caused the Champlain Towers Collapse? 

The Towers are believed to have collapsed due to water penetration in the steel-reinforced concrete support beams in the underground parking garage and an investigation is ongoing.  The problems were first detected in 2018, and by April 2021, they had not been addressed and had worsened.  

Prior to the collapse, Champlain Towers received approval of a $15 million project to make repairs, however no major structural work had been done at the time of the collapse. Sinking ground levels coupled with insufficient steel reinforcement within the concrete beams, and construction negligence are all considered factors in the collapse. 

Why Property Claims Will Likely Be Paid Before Civil Suits 

Michael Hanzman, a Miami-Dade judge, spoke at an open hearing on July 16 about the numerous claims that would be made against Champlain Towers and the monumental task of awarding compensation to those who were affected by the Towers’ careless construction. 

Unfortunately, the building was underinsured at the time of the collapse and likely will not have enough assets to fairly compensate all parties impacted by the event for loss of life and property. Because the building had more property insurance, construction litigation claims are likely to “trump” other civil suits, like personal injury and wrongful death, explained Judge Hanzman. 

Did You Suffer Damages In the Surfside Tower Collapse? We Can Help 

If you suffered property or other damages as a result of the Champlain Towers collapse, you may have the option to bring forward a lawsuit against the owners and managers of the building for improper construction. However, with so many lawsuits already being levied against the Towers, it’s important to act quickly. 

Although the investigation is currently ongoing at the time of writing, experts weighing in are already suggesting that the case for negligence is clear, particularly due to the fact that a sizable sum of money had been obtained for repairs but had not yet been used. 

Contact Feinstein Real Estate Litigation & Business Law for a consultation to find out if you may have a claim for compensation by calling 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami). 

Donald A. Burns, a resident of South Florida, has brought a lawsuit against Palm Beach for rejecting his proposal to construct a contemporary-style house on his waterfront property on the island’s North End. The court found that the city of Palm Beach did not infringe on Mr. Burns’ First Amendment rights when it declined his petition to build a structure that would stand out significantly from the rest of the properties in the neighborhood.

The Palm Beach Architectural Commission has traditionally insisted on relatively well-coordinated architecture, and the court agreed with the defendant. Mr. Burns subsequently took the matter to a higher court in the state in an appeal, but was unsuccessful in getting the verdict overturned.

The appeals court also maintained Palm Beach’s authority to deny residents permission to construct housing or other structures that would appear out of place in the neighborhood. According to the appeals court,  Burns’ 14th Amendment right to due process was also not infringed upon. When the municipality reviewed the architectural designs for the home, Mr. Burns was given a reasonable amount of time to offer up a supporting argument. 

Get Assistance With Asserting Your Property Rights During a Construction Lawsuit 

Being involved in construction or real estate litigation is expensive, especially when you’ve already spent so much time and money on design and brainstorming ideas.  As a property owner, you expect to have the ability to build the home or other facilities you want without being concerned about others dictating what you can and cannot do with land that you own. After all, this freedom is one of the most appealing aspects of owning property. 

If your home design or building plans have been rejected, or if your HOA or another authority has contacted you regarding your property and ordered you to make changes, you may benefit from legal assistance.

Contact an Experienced Florida Real Estate Construction Law Firm Today 

If you’re involved in real estate or construction litigation of any kind, it’s critical that you act quickly to secure adequate legal representation. An experienced litigation attorney can help you avoid excessive time and costs while increasing the likelihood that the final judgement will be in your favor. 

Call Feinstein Real Estate Litigation & Business Law today to learn more about your rights as a property owner or to discuss how to defend your rights at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), or 305-728-5267 (Miami). 

Is it possible for someone who doesn’t know you or vice versa to sell your house to someone else? Such a situation sounds like it could never happen, but it’s a frightening reality for one woman in South Florida. Here’s what you should understand about deed fraud in real estate, how it occurs, and how to avoid it.

The Dispute 

Homeowner Shirley Gibson was taken aback when she learned that her home had been posted on Zillow for sale and had been successfully bought for $230,000 by an unwitting bidder. An Aventura, FL title company says it was scammed for the above amount and unfortunately,  Gibson’s property is now unlawfully on the market again. Gibson has put up a “Not For Sale” sign to hopefully deter would-be buyers. Although it’s not likely that Gibson would be forced out of her home, the upcoming legal battle to clear the title will be costly. 

Deed Fraud 101 

Real estate deed fraud is a type of identity theft that is generally less frequently heard of than other types of identity theft and fraud. Deed fraud, also known as property title theft, occurs when someone uses your identifying information as their own and forges your signature on a property title. 

Deed fraud is commonly attempted after a landowner has passed away. Scammers will research the newspaper obituaries for property owners who have died and left their homes vulnerable to deed theft. This type of fraud happens often with abandoned houses and vacation houses, yet fraudsters may still target properties that are in use, like scammers did to Shirley Gibson. These thieves may try to reside in the house or swiftly sell it to get the cash before they get caught.

How a Real Estate Litigation Attorney Can in South Florida Can Assist You 

If you or a loved one have been victimized by real estate deed fraud, you have legal options that can help you prevent someone else from claiming ownership of your home. These lawsuits can be challenging though, and generally require the assistance of an experienced real estate litigation lawyer.

At Feinstein Real Estate Litigation & Business Law, we can help you understand your rights and determine which legal avenues are appropriate for you. If settlement efforts are unable to resolve the matter, we’ll fight for you in court and our legal team will fervently advocate for the most favorable outcome possible.