Commercial real estate deals can carry values in excess of tens of millions of dollars. Because of the high stakes involved in these transactions, it is vital to protect your legal interests. If conflicts do arise concerning the contracts involved in the sale or the condition of property, it may be necessary to enter litigation. Litigation concerns attempts to resolve real estate disputes and the ability to argue cases in civil court.
Marc Brown, P.A., our Fort Lauderdale real estate litigation lawyer, can help resolve these issues in your favor. Our motivated real estate attorney will work to perform extensive legal analysis and gathering of relevant evidence. They then approach the negotiating table from a position of strength or bring potent arguments to the court on your behalf.
Why Litigation May be Necessary during a Real Estate Dispute
Few marketplaces in the country carry the value and potential for growth as the Fort Lauderdale area. This means that even a real estate deal for a single location can be worth into the tens of millions of dollars. Both the buyers and sellers of these locations must be sure to properly protect their legal interests as well as to recognize when the other has failed to perform their duties according to the law and contractual agreements.
In fact, most commercial real estate disputes that rise to the level of litigation involve an alleged breach of contract. These contracts outline the key aspects of every real estate deal. This can include the sale price, date of closing, and the condition of the property upon exchange. Any party who believes that the other has failed to perform their duties under the language of the agreement may pursue a breach of contract lawsuit in civil court.
Florida Statute § 95.11 says that most breach of contract cases must come to court no more than five years after the supposed violation of the agreement. However, if the contract involves the design, planning, or construction of real property, this time limit shrinks to four years. A knowledgeable attorney in Fort Lauderdale can provide more information about common reasons litigation may be necessary in property disputes and help you conform to all relevant laws and court procedures.
Property Litigation Process in Fort Lauderdale
Many people assume litigation to mean that the case will eventually go to trial. While this is certainly an option, the reality is that litigation describes any situation where a party files a case in court. Statistics show that most cases that start with a complaint eventually reach a settlement or a dismissal by a judge. Even so, it is advisable to have competent legal representation as soon as a dispute arises.
It may be possible to settle a disagreement without ever bringing it to court. A proactive lawyer can evaluate the evidence already apparent in the real estate case and work towards a satisfactory resolution through negotiation.
If this fails, an attorney could draft the necessary paperwork to file a civil lawsuit or form a sufficient answer to a complaint. They then guide you through the discovery phase to uncover more evidence that bolsters the case.
Finally, a lawyer could take the lead to present a case in court. This could be before either a judge or a jury. In short, an experienced attorney is prepared to assist you from the onset of a property dispute through to its resolution.
Get in Touch with a Fort Lauderdale Real Estate Litigation Attorney Today
Litigation describes any scenario where two or more parties have a disagreement. This may involve disagreements concerning the language of a contract or whether the other party has taken proper steps as required by these documents. Thankfully, most cases can see the protection of your legal rights without bringing a case to court.
However, it may be necessary to make arguments in court to protect your rights. Marc Brown, P.A., our Fort Lauderdale real estate litigation lawyer, can help explain your rights under the law and in a contract. We then work to evaluate the evidence in a complaint, take the lead in all negotiations, and prepare cases to present in court. Contact us today to begin.