Miami Real Estate Litigation Attorney
Title disputes, closing failures, ownership claims, and contested property transactions across Miami-Dade and South Florida. Property records and timing drive the case.
Frequently Asked Questions
How long do I have to file a real estate dispute in Florida?+
What is a quiet title action?+
What is specific performance and when is it available?+
What is a lis pendens?+
What is the difference between ejectment and eviction?+
Can co-owners force a sale of jointly held property?+
What is adverse possession in Florida?+
What happens if a closing fails?+
Does the firm handle commercial real estate disputes?+
Do you handle real estate cases outside Miami?+
Layers of Property Conflict
Real estate disputes generally sort into categories, each with a different legal framework, available remedies, and procedural posture. Identifying the right category is the first step in case strategy. The category determines what evidence counts and what relief is realistic.
Title & Ownership
Quiet title actions, ownership disputes, clouded title, competing claims, deed challenges, and adverse possession. The recorded chain of title and conveyance instruments drive the case.
Transaction & Contract
Failed closings, breach of purchase or sale agreements, escrow disputes, financing failures, and seller or buyer non-performance. Contract terms and the documented timeline drive the case.
Possession & Use
Boundary disputes, easements, access rights, restrictive covenants, ejectment, partition actions, and disputes over the practical use and possession of property.
Limitations Periods That Define These Cases
Real estate disputes are governed by Florida limitations periods that vary by claim type. Some run from the date of the contract or breach. Others run from when the claim accrued. Missed deadlines can permanently bar the claim regardless of the merits.
Real Estate Contracts
Breach of a written real estate contract must be filed within 5 years under Fla. Stat. § 95.11(2)(b). The clock commonly runs from the date of breach.
Title & Fraud Claims
Most title-based actions and real estate fraud claims have a 4-year limitations period under Fla. Stat. § 95.11(3). The discovery rule may apply to fraud-based claims.
Adverse Possession
Florida's adverse possession framework under Fla. Stat. § 95.18 requires 7 years of continuous, open, and notorious possession with payment of taxes for color-of-title claims.
Real Estate Litigation Remedies
Real estate disputes have remedies that are unavailable in most other civil cases. The right remedy depends on the dispute type and what the client wants to achieve.
Summary of Florida real estate litigation remedies. Availability depends on the type of dispute, the property involved, the contract or instruments at issue, and the equities of the case.
How a Real Estate Case Gets Built
Real estate cases sit above the public records system. The recorded chain of title, the deed, the survey, and the recorded contract are doing evidentiary work for the court before witness testimony ever enters the picture.
Title and Instrument Review
Every real estate case begins with the recorded chain of title, the deed, the survey, the recorded contract, the lis pendens (if any), and the entire history of the property in the public records. The recorded record is what the court will rely on, and identifying the relevant documents and any defects in them is the foundation of the case.
In real estate litigation, the recorded record generally decides the case before discovery begins.
Contract and Transaction Analysis
Purchase and sale contracts, escrow agreements, financing documents, and closing instructions all have to be read with care. Contingency clauses, time-of-the-essence provisions, default provisions, and notice requirements in many cases determine the outcome. The documented timeline of the transaction carries as much weight as the substantive terms.
Lis Pendens and Protective Filings
Florida's lis pendens statute (Fla. Stat. § 48.23) provides a mechanism to notice the world that the property is subject to pending litigation. Filed correctly, lis pendens preserves the property from transfer. Filed incorrectly or in the wrong case, it exposes the filer to damages. Whether and when to file is a considerable strategic decision.
Remedy Selection
Real estate cases offer remedies unavailable elsewhere, including specific performance, quiet title, ejectment, and partition. The right remedy depends on what the client wants: the property itself, money, possession, or release from a transaction. Selecting and proving the right remedy drives the case from the first pleading.
Related Civil Matters
Real estate disputes commonly overlap with other civil litigation areas. Related practices follow different legal frameworks.
Contract Disputes
Real estate contracts generally produce breach claims that overlap with the property dispute. Coordinated contract and real estate strategy can produce stronger leverage.
Learn More →Business Disputes
Commercial real estate disputes commonly involve broader business conflicts including partnership disputes, investment failures, and operational impact on businesses.
Learn More →Direct attorney access at (305) 774-7000
Real estate disputes are deadline-driven and document-heavy. The first conversation is the right time to assess title, contract terms, and the realistic remedies available. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter in most cases creates more options than calling late.
What Our Clients Say
Verified Google reviews from clients represented by the firm across Miami-Dade and South Florida. See our full client testimonials page for more.
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Sandra EiranovaTrustindex verifies that the original source of the review is Google.
I highly recommend this criminal defense attorney Andre A. Rouviere for his exceptional professionalism, attention to detail, and patience in handling my cousin’s case. From our very first interaction, he made me feel comfortable, safe, and confident that my cousin’s case was in capable hands. He took the time to listen carefully, explain the process, answer our questions, and address our concerns with patience and respect. His professionalism, dedication, and thorough approach gave me peace of mind during what could have been a very stressful experience. What impressed me most was the trust and confidence he inspired from the very beginning. I truly felt that we were being treated with care, respect, and genuine concern, rather than simply being another case. Finding an attorney, you can trust is extremely important, especially when dealing with a criminal matter, and I am grateful for the experience we had with him. I would absolutely recommend his services to anyone looking for a knowledgeable, professional, and trustworthy criminal defense attorney. The Law Office of Andre A. Rouviere in Coral Gables, Florida, is truly outstanding.Posted on Google![]()
Pilar AvilesTrustindex verifies that the original source of the review is Google.
Attorney Andre Rouviere has assisted me now twice! I am very grateful for the diligent efforts he made to help us out both times. Andre communicated clearly and helped us navigate throughout the legal process so we understood everything throughout. I will always call him whenever I need help again in the future and cannot recommend him enough.Posted on Google![]()
Eddy's Dogs aka Eddy's K9 RescueTrustindex verifies that the original source of the review is Google.
Absolutely recommend this law firm. They handled my case and I was amazed at the attention and information I got. I highly recommend them and will be using their services again.Posted on Google![]()
Carlos ZaldivarTrustindex verifies that the original source of the review is Google.
Andre is an exceptional lawyer. Andre represented me in a civil case and did an exceptional job when I was told not to bother with a suit. Andre succeeded, and I got my money back. I send all my friends to AndrePosted on Google![]()
Bob RTrustindex verifies that the original source of the review is Google.
Andre has represented me, my family and friends on several legal matters. He is always available to provide sound, practical advice and more than willing and able to fight for you when necessary. It’s reassuring to have a qualified, experienced lawyer in my corner to protect me and my interests when I need it.
Owner's reply
Bob, thank you. Clients who return and who send their family and friends give me the highest compliment. I’m grateful for your confidence and I’m always here if you need me.Posted on Google![]()
Phil GlatzerTrustindex verifies that the original source of the review is Google.
As an attorney, I have often referred my clients to André for legal work that I myself cannot handle and everyone has always been very satisfied with his representation. I highly recommend him.
Owner's reply
Thanks Phil. A referral from a colleague who knows the work means a great deal to me. I take every case you send my way seriously, and I’m glad the clients were well served.Posted on Google![]()
Pedro CarreraTrustindex verifies that the original source of the review is Google.
I can always count on him. An honest lawyer.
Owner's reply
Thanks Pedro.Posted on Google![]()
Gabriel HernandezTrustindex verifies that the original source of the review is Google.
Extremely quick and efficient . My ticket was handed and I didn’t have to worry about it once. His staff is also super helpful giving multiple updates on the status
Owner's reply
It's great to hear you were pleased. We are happy we were able to take the burden off your shoulders and resolve your issue for you.Posted on Google![]()
Andrew VarelaTrustindex verifies that the original source of the review is Google.
An amazing attorney who gives every case the care and attention it deserves. His attention to detail is exceptional, and it’s clear that he takes pride in his work and truly cares about his clients. I highly recommend him to anyone looking for a dedicated, thorough, and attentive attorney!
Owner's reply
I really appreciate that Andrew. Thank you.
