Real estate litigation is what happens when a property deal, a lease, a title, or an association decision goes wrong and the parties cannot resolve it themselves. In Florida that covers a wide range: a purchase or sale that falls apart after the deposit, a commercial tenant who stops paying, a condominium or homeowners association acting outside its authority, a defect in title that surfaces at closing, or a boundary and easement fight between neighbours. The Law Offices of Aaron Resnick, P.A. represents Miami owners, investors, landlords, associations, and buyers and sellers in real estate disputes, in negotiation and in court.
When a Real Estate Dispute Becomes Urgent
- A closing date or an inspection, financing, or due diligence deadline is running
- A deposit is at risk or already in dispute
- You have been served with a lawsuit, an eviction, or a lien foreclosure
- A lis pendens has been recorded against your property, which clouds title and can stop a sale
- A tenant has stopped paying or will not vacate
- An association is levying, fining, or foreclosing, or is refusing to produce records
- Construction has stopped, or liens are being recorded against the property
Real estate deadlines are unforgiving, and many of them are set by the contract rather than by statute. If a date is close, that is a reason to get advice now.
What These Matters Involve
- Condominium and homeowners association disputes, including assessments, fines, elections, and records
- Commercial real estate, including purchases, sales, leases, and lease enforcement
- Commercial evictions and landlord remedies
- Breach of a real estate contract, including deposit and closing disputes
- Quiet title, lis pendens, boundary, and easement matters
- Deeds, titling, and ownership disputes between co-owners, including partition
- Disputes between landlords and tenants
- Land use and zoning laws
Questions Property Owners Ask
What is a lis pendens and what does it do to my property?
A lis pendens is a notice recorded in the public records warning that a lawsuit affecting title to a specific property is pending. In Florida it does not by itself decide who owns anything, but its practical effect is severe: it clouds title, which usually means the property cannot be sold or refinanced while it stands. Because the consequences are immediate, Florida law provides a procedure to challenge one, and a party who recorded it improperly can be required to justify it or post a bond. If a lis pendens has been recorded against your property, treat it as time-sensitive.
What is a quiet title action?
A quiet title action asks a Florida court to declare who actually owns a property and to remove competing claims from the record. It is used when something clouds title: an old mortgage that was never satisfied of record, a defective or forged deed, a missing heir, a tax deed purchase, or a boundary description that does not match reality. The result is a judgment that establishes clear title so the property can be sold, insured, or financed. These cases are document-driven, so the title work and the chain of ownership usually determine the outcome.
Can a condo or homeowners association really foreclose on my unit?
In Florida an association generally can record a lien for unpaid assessments and, in defined circumstances, foreclose on that lien, which is why unpaid assessments escalate quickly. Associations also have to follow their governing documents and the applicable statutes, including notice requirements, and owners have rights that include access to official records and challenges to improper action. Whether the association acted within its authority is often the real dispute. Both sides usually benefit from resolving it before it reaches foreclosure, because the fees compound.
The buyer walked away. Who gets the deposit?
The contract decides it far more often than the statute does. Florida real estate contracts allocate the deposit through their contingency provisions: inspection, financing, appraisal, and title periods each give a party the right to cancel and recover the deposit if the deadline is met. Miss the deadline and the same money can be forfeited. Many contracts also contain a liquidated damages clause capping what the seller may keep. Because the answer usually turns on dates and written notices, the first thing to review is the contract and the timeline of what was sent and when.
How do I evict a commercial tenant in Florida?
Commercial evictions follow a different and generally faster track than residential ones, and the lease governs much of it. The process usually starts with a written notice that complies with the lease and the statute, followed by a court action if the tenant does not cure or vacate. Florida also provides remedies for a commercial landlord regarding the tenant's property and rent owed, and a defending tenant may be required to deposit disputed rent into the court registry. Self-help, such as changing the locks, is where commercial landlords most often create liability for themselves.
I own property with someone and we cannot agree. What are my options?
Co-owners who cannot agree can generally seek partition in Florida, which is a court process to divide the property or, more commonly with a single home or building, to order it sold and the proceeds divided. Partition is available to co-owners whether they are family, former partners, or investors, and it does not require the other owner's consent. Courts can also account for unequal contributions to the mortgage, taxes, insurance, and repairs. Because partition forces an outcome, the prospect of it frequently produces a negotiated buyout instead.
What Documents to Bring
- The contract, lease, or governing documents at issue, with all addenda and amendments
- The deed, title commitment or policy, survey, and any recorded liens or notices
- Closing statements, escrow records, and proof of deposits and payments
- Association records, notices, assessments, and correspondence
- Any lawsuit, lien, eviction, or notice you have received, and the date you received it
- The written communications with the other side, including texts and emails
What Usually Goes Wrong Before Anyone Calls a Lawyer
Property disputes get worse through self-help and silence. Landlords change locks or remove property instead of using the legal process, and turn a rent claim into a liability. Buyers and sellers let a contingency deadline pass while waiting for a verbal assurance. Owners ignore association notices until fees and fines have compounded past the original amount. People sign estoppel letters, releases, or amendments without reading what they give up. Written notice, sent on time and in the manner the document requires, is what protects the position.
Why Property Owners Call Aaron Resnick
Aaron Resnick has represented Miami owners, investors, and businesses in real estate and commercial disputes for 25+ years, and clients work directly with Aaron rather than a rotating team. He is fourth-generation Miami Beach, in a market he has watched change firsthand. Aaron is AV Preeminent rated, has been named a Florida Super Lawyer for fourteen consecutive years, and is a past President of the Miami Beach Bar Association. Real estate cases are decided on documents, deadlines, and the record, and the firm handles all three in Florida courts.
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Tell Aaron what happened in a sentence and get a real answer. Call 305-672-7495 to schedule a consultation. Our firm represents clients throughout Florida.
This page is general information about Florida real estate law and litigation and is not legal advice. Deadlines, remedies, and association obligations vary with the contract, the governing documents, and the property, so do not rely on this page to calculate your own deadline. Reading this page, contacting the firm, or submitting a form does not create an attorney-client relationship, and you should not send confidential information until representation is confirmed. Prior results do not guarantee a similar outcome.
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