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 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.
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 typically 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. Specific 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 usually 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 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 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 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 →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 usually creates more options than calling late.
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