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Real Estate Litigation

Miami Real EstateLitigation Attorney

Title disputes, closing failures, ownership claims, and contested property transactions across South Florida. Property records and timing drive the case.

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Real estate disputes are deadline-driven and document-heavy. Title history, recorded instruments, and contract provisions often determine the outcome before discovery begins. Early counsel involvement preserves the record and the leverage.
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35+
Years of Practice
Florida Bar member since 1989
1989
Florida Bar Licensed
University of Miami School of Law
State & Federal
Court Admission
SDFL (1991), MDFL (2001)
Boutique
Practice Model
Direct attorney involvement
Three Categories of Real Estate Disputes

Three Layers of Property Conflict

Real estate disputes generally fall into three categories, each with its own legal framework, available remedies, and procedural posture. Identifying the right category is the first step in case strategy. The category determines what evidence matters and what relief is realistic.

01

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.

02

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.

03

Possession & Use

Boundary disputes, easements, access rights, restrictive covenants, ejectment, partition actions, and disputes over the practical use and possession of property.

Critical Filing Deadlines

Three 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.

5
Years / Written Contract

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 typically runs from the date of breach.

4
Years / Quiet Title & Fraud

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.

7
Years / Adverse Possession

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.

Available Remedies

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 actually wants to achieve.

Remedy
Type
When Available
Specific PerformanceCourt orders performance
Equitable
Available in real estate contracts because each parcel is considered unique. Court can order seller to convey or buyer to close, rather than awarding money damages.
Quiet TitleRemoves adverse claims
Statutory
Florida statutory action under Ch. 65 to clear title of competing claims, clouds, or defects. Establishes ownership against the world by judgment.
Lis PendensNotice of pending action
Statutory
Florida statute § 48.23 notice recorded against property to alert third parties of pending litigation. Preserves the property from transfer during the case.
RescissionUnwinds the transaction
Equitable
Court rescinds the contract and returns parties to pre-transaction position. Available where money damages are inadequate or fraud induced the transaction.
EjectmentRecovers possession
Statutory
Florida statutory action under Ch. 66 to recover possession of real property from an occupant without legal right. Distinct from eviction.
PartitionDivides co-owned property
Statutory
Florida statute Ch. 64 action by co-owner to force division or sale of jointly held property. Used when co-owners cannot agree on disposition.
Money DamagesCompensatory recovery
Legal
Compensatory damages for breach of contract, lost profits, diminished property value, or other quantifiable financial harm tied to the dispute.
Injunctive ReliefPreserves the status quo
Equitable
Temporary or preliminary injunctions to halt construction, transfer, or use that would cause irreparable harm during the litigation.

Summary of Florida real estate litigation remedies. Not legal advice. Specific availability depends on the type of dispute, the property involved, the contract or instruments at issue, and the equities of the case.

Defense Approach

How a Real Estate Case Gets Built

Real estate cases are won and lost on the documentary record. Title history, recorded instruments, contracts, surveys, and correspondence drive the outcome more than testimony or expert opinion in most matters. Strong real estate litigation work happens in four areas.

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.

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 often determine the outcome. The documented timeline of the transaction matters as much 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 significant 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 actually wants: the property itself, money, possession, or release from a transaction. Selecting and proving the right remedy drives the case from the first pleading.

Common Questions

Frequently Asked Questions

How long do I have to file a real estate dispute in Florida?+
It depends on the type of claim. Breach of a written real estate contract is 5 years under Fla. Stat. § 95.11(2)(b). Most title and fraud claims are 4 years under Fla. Stat. § 95.11(3). Adverse possession requires 7 years of qualifying possession under Fla. Stat. § 95.18. The clock starts at different points depending on the claim. Early counsel involvement is critical to preserving the deadline.
What is a quiet title action?+
A quiet title action is a Florida statutory proceeding under Chapter 65 to remove competing claims, clouds, or defects from title to real property. The court enters a judgment establishing the plaintiff's ownership against the world. Quiet title is used to clear title for sale, financing, or any situation where the chain of title is not clean.
What is specific performance and when is it available?+
Specific performance is an equitable remedy where the court orders a party to perform the contract rather than pay money damages. In real estate, specific performance is generally available because each parcel of land is considered unique and money damages are inadequate. Available to compel a seller to convey property or a buyer to close.
What is a lis pendens?+
Lis pendens is a notice recorded in the public records under Fla. Stat. § 48.23 that there is pending litigation involving the property. It puts third parties on notice and prevents transfer free of the litigation. Lis pendens is a powerful tool when used correctly, but a wrongful lis pendens can expose the filer to damages.
What is the difference between ejectment and eviction?+
Eviction under Florida residential and commercial landlord-tenant law removes a tenant under a lease. Ejectment under Chapter 66 is a separate statutory action used to remove a person who has no legal right to the property and is not a tenant. The two procedures have different requirements, defenses, and remedies.
Can co-owners force a sale of jointly held property?+
Yes. Florida partition actions under Chapter 64 allow any co-owner to seek division or sale of jointly held property when co-owners cannot agree on disposition. The court can order physical division (rare in modern partition cases) or, more commonly, sale and division of proceeds.
What is adverse possession in Florida?+
Adverse possession under Fla. Stat. § 95.18 allows a non-owner to acquire title through 7 years of continuous, open, notorious, and exclusive possession. Florida's framework also typically requires payment of taxes during the possession period for color-of-title claims. The standard is strict and the defense to adverse possession claims is similarly demanding.
What happens if a closing fails?+
A failed closing can support claims by either side: the buyer may seek specific performance, return of escrow, or damages; the seller may seek to retain escrow as liquidated damages or pursue damages or specific performance. The contract's default and remedy provisions, the notice procedures followed, and the documented reason for the failure all drive the case.
Does the firm handle commercial real estate disputes?+
Yes. The firm represents clients in commercial real estate litigation including investment property disputes, commercial transaction failures, commercial title disputes, and property conflicts that affect business operations. Commercial cases often involve more complex contracts and higher stakes than residential matters.
Do you handle real estate cases outside Miami?+
Yes. The firm handles real estate litigation across South Florida. Most real estate cases are filed in the county where the property is located.
Related Practice Areas

Related Civil Matters

Real estate disputes frequently overlap with other civil litigation areas. Each related practice carries its own legal framework.

Contract Disputes

Real estate contracts often 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 frequently involve broader business conflicts including partnership disputes, investment failures, and operational impact on businesses.

Learn More →

Injunctions & Emergency Relief

Real estate disputes often require urgent court action to halt construction, prevent transfer, or preserve the status quo while the underlying case proceeds.

Learn More →

Civil Litigation

For real estate matters that span multiple categories or where the case posture requires broader civil litigation strategy.

Learn More →
Speak With Andre

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.

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