Real Estate Litigation

A. Lamar Matthews, Jr.  |  Martin Garcia  |  Josh R. Dell

The experienced lawyers of Matthews Eastmoore handle real estate disputes in cases involving: purchase and sale of land, commercial landlord/tenant disputes, and much more.

Common Case Types

  • Purchase or sale agreements
  • Breach of contract for sale
  • Commercial landlord/tenant disputes
  • Evictions
  • Latent defects
  • Failure to disclose defects
  • Problems with agents or brokers
  • Breach of fiduciary duty
  • Fraud
  • And more including:
    • Adverse possession
    • Boundary disputes
    • Easements
    • Condemnations
    • Eminent domain
    • Development/entitlement disputes
    • Trespass and nuisance
    • Specific performance actions
    • Escrow and earnest money disputes
    • Mechanics’ liens
    • Realtor commission disputes

When You May Sue

In Florida, most breach of written contracts claims must begin within five years of the breach, or four years in the case of contracts for the improvement of real property. There are very few exceptions to this rule, so it is best to speak to your attorney as soon as possible to assess your options.

Damages

If you have been the victim of damages arising out of a real estate dispute, you may be eligible for certain types of monetary damages or equitable relief.

Monetary Damages

Monetary damages include:

Compensatory damages to restore the position the plaintiff would have been in if not for the breach.

Liquidated damages, or automatically triggered contract damages. These are triggered by a breach as specified in the contract. Liquidated damages are not always enforceable. To be enforceable, two elements must be true:

  • Damages from the breach are not easily determined
  • The liquidated damages amount specified is not grossly disproportionate to the actual damages

Attorney’s fees and costs for the litigation if provided for by contract or statute.

Equitable Remedies

An equitable remedy, as opposed to a monetary damage award, is a court order for a person to act, or not act, in a certain way. These include:

Specific performance, such as for the sale of the specific unique item contracted for such as real property.

Rescission, which voids the contract. Both sides are then released from the terms of the contract and usually money paid under the terms of the contract is refunded.

If you are litigating a real estate dispute, our attorneys can help. Matthews Eastmoore has more than 25 years of experience in real estate litigation. Schedule a free consultation or call us at 941-366-8888 today.

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The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. We do not undertake representation of your claims until all parties involved have entered into a signed agreement. If we have not entered into a signed agreement with you, you may want to speak with other attorneys regarding your claims since statutes of limitations may apply.