Florida Real Estate Law Questions

Florida real estate questions do not share one deadline or one remedy. A disputed deposit turns on the contract, an association foreclosure requires specified notices, and a title dispute may need a court ruling. Start with the document at issue, the notice received and the date by which a response is required.

Aaron Resnick, a Miami real estate attorney with Law Offices of Aaron Resnick, represents owners, buyers, sellers, landlords and associations in purchase, lease, title and association disputes. He also handles land use and zoning matters and disputes where construction has stopped or liens are being recorded against a property. His clients include investors and businesses, and he represents them in negotiation and in court.

Aaron Resnick is a past president of the Miami Beach Bar Association and has been named to Florida Super Lawyers every year since 2013.

What Is a Lis Pendens and What Does It Do to My Property?

A lis pendens gives recorded notice that a lawsuit affects identified property. Under chapter 48, Florida Statutes, the notice must be recorded in the county where the property lies and remain effective. Aaron Resnick reviews the lawsuit and the notice to assess their effect on a proposed sale or loan.

The ordinary one year period runs from the start of the lawsuit, excludes time on appeal and can be extended by the court for good cause. Different duration rules apply to claims founded on a recorded instrument or a construction lien. The statute distinguishes those cases.

The court controls the notice as it would an injunction when the claim rests on neither a recorded instrument nor a construction lien, or when the lawsuit no longer affects the property. See the grounds for court review and what to do when a lis pendens is filed.

What Is a Quiet Title Action?

A quiet title action asks a Florida court to resolve a competing ownership claim or another cloud on title. A person claiming legal or equitable title may sue under chapter 65, Florida Statutes, but must establish entitlement to relief. Aaron Resnick reviews the title history and evidence supporting each claim.

An unreleased mortgage, inconsistent deeds or a disputed inheritance can raise title questions. Recorded documents are a starting point, not the only evidence; possession and other disputed facts can matter. See quiet title actions in Florida. Aaron Resnick also handles boundary and easement matters and disputes over deeds and titling, including a title defect that surfaces at closing.

The Buyer Walked Away. Who Gets the Deposit?

A buyer does not automatically lose the deposit by walking away. The contract, any cancellation right and the notices delivered determine whether the buyer can recover it or the seller can claim it. Aaron Resnick reviews those documents before advising either party to demand release.

When disputed funds remain in a broker's escrow account, chapter 475, Florida Statutes, and the Commission's notice rule generally require written notice to the Florida Real Estate Commission within 15 business days after the last party's demand and a settlement procedure within 30 business days. The clocks also apply to a broker's good faith doubt about entitlement.

The four procedures are a Commission disbursement order, arbitration with all parties' consent, a court proceeding, or mediation with all parties' written consent. Mediation must succeed within 90 days after the last demand; otherwise another authorized procedure is required. The statute sets those choices and exceptions.

Certain condominium cancellations and financing failures permit refunds without the usual notice and settlement process. Broker rules also treat specified HUD deposits differently; these broker deadlines do not automatically apply to an attorney or title company holding the funds.

Bring the contract, addenda, cancellation notices and escrow correspondence. Aaron Resnick uses those records to assess a real estate contract dispute. He also handles closing disputes and disputes over inspection, financing and due diligence deadlines.

Can a Condo or Homeowners Association Foreclose on My Home?

Yes, an association can seek foreclosure for unpaid assessments when its lien and required notices are valid. A notice before recording a lien differs from a foreclosure notice under chapter 718 or chapter 720, Florida Statutes. Aaron Resnick checks which notice arrived, how it was sent and the next deadline.

A condominium association ordinarily must give 45 days' notice before recording its claim of lien. A separate rule generally requires 45 days' notice before a foreclosure judgment, with exceptions including an owner's notice of contest and a qualifying pending mortgage foreclosure.

A homeowners association generally must give a 45 day written demand before recording its lien, followed by a separate 45 day notice before filing foreclosure. The second notice cannot be sent before the first period expires. Special rules apply when another foreclosure, forced sale or bankruptcy proceeding is pending.

A condominium claim of lien generally expires one year after recording unless an enforcement action begins, but a bankruptcy stay preventing foreclosure extends that period. An owner's recorded notice of contest generally shortens enforcement to 90 days under the condominium statute or the homeowners association statute, subject to the bankruptcy provisions.

Send the ledger, governing documents, notices and any court papers promptly. Aaron Resnick reviews them in a condo assessment dispute; a collection notice's 45 day period is not a substitute for the response deadline on a lawsuit. He also handles condominium and homeowners association disputes over fines, elections and access to records.

Who Pays the Attorney Fees in an Association Dispute?

In a covered compliance lawsuit, chapter 718 and chapter 720, Florida Statutes, entitle the prevailing party to recover reasonable attorney fees. That does not mean every losing owner must pay every legal bill in every association dispute. Aaron Resnick evaluates the claims and potential fee exposure before recommending a lawsuit.

The homeowners association provision also expressly includes costs. The court must determine who prevailed and what recovery the applicable law allows; the entire amount billed is not automatically the amount recoverable.

How Do I Evict a Commercial Tenant in Florida?

For unpaid rent, a commercial eviction generally starts with a written demand for payment or possession. Chapter 83, Florida Statutes, ordinarily requires three days' notice before the landlord seeks removal. Aaron Resnick reviews the lease, the claimed default and the notice requirements before a possession lawsuit is filed.

For another material breach, the statutory 15 day cure or possession notice applies when the written lease is silent or the tenancy is an oral tenancy at will. A notice may allow longer. That is not a fixed 15 day rule for every commercial lease.

After suit, the registry rule generally requires the tenant to deposit claimed unpaid rent and rent coming due. It preserves a defense that the claimed arrears were paid or satisfied and allows the court to determine a contested amount. An undisputed amount is normally due by the answer deadline.

A contested amount is normally due when the court decides it, although the court may extend time for good cause. Even with a payment defense, the court may order deposits of ongoing rent. A damages counterclaim does not excuse the required deposits.

Failure to deposit rent as ordered waives the tenant's defenses and entitles the landlord to an immediate default for possession without another notice or hearing. That provision concerns possession, not an automatic award of every dollar demanded.

Aaron Resnick handles commercial evictions in Florida. Send the lease, payment record and any notice or court order rather than relying on one deadline for every case. He also handles landlord and tenant disputes, landlord remedies and lease enforcement, including cases where a tenant has stopped paying or will not vacate. He handles commercial real estate purchases, sales and leases as well.

I Own Property With Someone and We Cannot Agree. What Are My Options?

Owners can negotiate a buyout, agree to sell or ask a court for partition. Under chapter 64, Florida Statutes, joint tenants and tenants in common may seek division of the property. Aaron Resnick reviews the deed and any ownership agreement before recommending a route.

A court may order a sale when the property cannot be divided without prejudice to the owners. The general sale procedure provides for dividing proceeds according to the parties' interests; a sale is not automatic merely because the owners disagree.

Property that meets the statutory definition of heirs property has additional procedures, including a possible buyout by eligible owners and rules favoring physical division unless it would prejudice the owners as a group. The court must determine whether those rules apply.

Bring the deed, ownership agreements and records of mortgage, tax, insurance and repair payments. Aaron Resnick uses those records to assess each owner's position before discussing a buyout or court action. He represents co-owners who are family members, former partners or investors.

What Must a Seller Disclose When Selling a Florida Home?

A Florida home seller must disclose known facts that materially affect the property's value when those facts are not readily observable and are not known to the buyer. The Florida Supreme Court established that duty in Johnson v. Davis in 1985.

The seller must also give the buyer a completed flood disclosure under chapter 689, Florida Statutes, at or before signing the sales contract. That is not the same deadline as the homeowners association disclosure summary under chapter 720, which must be provided before the buyer signs when that requirement applies.

If the required association summary was not supplied before signing, the buyer may cancel by delivering written notice to the seller or the seller's agent or representative within three days after receiving it, or before closing, whichever comes first. The right cannot be waived and ends at closing.

These are not the only disclosures a transaction may require. Aaron Resnick reviews the contract, disclosures and inspection records; see selling residential property in Florida.

How Long Do I Have to Sue Over a Florida Real Estate Contract?

A claim for damages on a written real estate contract generally has a five year limitation period. A suit for specific performance, asking the court to compel the promised performance, generally has one year under chapter 95, Florida Statutes. Aaron Resnick identifies the remedy and starting date before calculating the deadline.

Mortgage foreclosure generally has a five year period. These are general statutory periods, not five years for every dispute involving a written agreement.

The filing period ordinarily starts when all elements of the claim have occurred, subject to the statutory exceptions. Contractual notices and cancellation rights can expire much sooner, and unreasonable delay can bar equitable relief before the ordinary limitation period ends. Send the contract, default notices and court papers promptly.

These periods describe different notices and remedies. A collection notice, a contract cancellation deadline and a response to court papers are not interchangeable.

What Should I Have Ready for Aaron?

Bring the document in dispute and every date you can prove. That means the contract, lease or association documents with all amendments; the deed, title commitment or survey; closing and escrow records; and each notice, lien or lawsuit you received, with the day it arrived.

Add the emails and texts exchanged with the other side. Aaron Resnick compares the dates in those records with the notice and filing periods above and tells you which one runs first.

Send the parties, the problem and the next date; the firm reviews every inquiry and tells you whether it can help.

Aaron Resnick has handled business disputes in Miami since 1998 and is a fourth generation Miami resident. He works hands-on on every case; the client gets Aaron on every major litigation issue, not a junior partner.

We Don't Make Promises. We Have Results to Prove It.

The Law Offices of Aaron Resnick represents property owners, buyers, investors and co-owners in Miami Dade, Broward and Palm Beach counties and across Florida in real estate litigation and property disputes. Call 305-672-7495 or request a consultation.

This page provides general information and is not legal advice. Prior results do not guarantee or predict a similar outcome.