Issues can arise when people own a property together, including its use or disposition. When issues arise — such as one owner wanting to sell, and the other owner wanting to keep the property — Florida law allows the owners to file a suit for partition.
Judges can either divide the ownership of the property so that one of the owners can sell or rule that the entire property must be sold. A judge will also make sure that any profits from the sale are divided fairly, based each owner’s investment.
At Barakat + Bossa, we efficiently prosecute partition actions in order to recover maximum profits for our clients.
In South Florida’s fast-paced real estate market, it is vital to seek the advice of a law firm well versed in escrow deposit disputes. A real estate deal can go sour for a plethora of reasons, usually placing a substantial amount of money on the line.
Whether it’s seller or buyer’s remorse, Barakat + Bossa understands the importance of reviewing each detail of the transaction and the contract in order to quickly make the appropriate claim to the escrow deposit.
When an owner purchases a piece of real estate at an auction or does not obtain a title search and title insurance, there can be a number of other claims to the ownership of the property. These claims — ranging from old mortgages or liens, to an unclear chain of ownership — are “clouds” on the title and prevent the owner from being 100% secure in their ownership of the property.
An action to Quiet Title can eliminate all old or unclear claims, and bar prior owners or mortgage and lien holders from asserting any interest in the property.
The Interstate Land Sales Full Disclosure Act protects individuals from the sharp practices of large developers. If you bought into a development of more than 25 units, the developer is held to heightened contractual and disclosure standards.
If they fail to meet their obligations, you may be entitled to damages, a return of your deposit and attorneys’ fees. Let us review your documents and help you determine your rights.
Specific performance is most commonly exemplified when either a buyer or the seller of a piece of real estate asks a judge to force the other party to close on the property transaction. A judge may either force a reluctant buyer to buy or make a hesitant seller sell.
This is often the only way to appropriately resolve a dispute over a property transaction. Florida law generally allows for specific performance in the context of real estate, but it is not always given. Sometimes the contract limits the buyer or seller’s ability to request specific performance. In other cases, the court decides that damages (and not specific performance) can appropriately resolve the dispute. The outcome depends on the case specifics.
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