Real estate disputes in Florida can arise in many situations, including disagreements over contracts, property boundaries, construction defects, landlord-tenant issues, or conflicts with homeowners’ associations. These disputes can involve both residential and commercial properties, and they often carry significant financial and legal consequences. Understanding your rights and the legal framework in Florida is essential to protecting your interests and achieving a favorable outcome.
One critical aspect to keep in mind is the statute of limitations, which sets strict deadlines for filing a lawsuit. In Florida, disputes involving written contracts generally must be filed within five years from the date of the breach. Oral contracts and fraud-related claims usually have a four-year limit, with fraud claims being subject to the discovery rule.
Most negligence/property damage claims now have a two-year limit (i.e. for actions filed after April 2023). Certain types of construction defect claims are subject to a four-year discovery rule and a seven-year statute of repose (i.e. for actions filed after April 2023), which can bar claims regardless of when the defect is discovered. Missing these deadlines can permanently prevent you from pursuing legal remedies.
Working with our knowledgeable Florida real estate lawyers at Lulich & Attorneys ensures that your case is properly evaluated, deadlines are met, and your rights are fully protected throughout the dispute resolution process. For a consultation, please call our office or contact us online today.
Key Takeaways: Real Estate Disputes in Florida
• Common Disputes: Real estate conflicts in Florida often involve contract breaches, title and boundary issues, construction defects, landlord-tenant disagreements, HOA disputes, and easement or property use conflicts.
• Settlement vs. Litigation: Many disputes can be resolved through negotiation or mediation, which is faster and less expensive. Litigation may be necessary for complicated cases or when the other party refuses to cooperate.
• Statute of Limitations: Meeting these deadlines is critical to protecting your rights.
• Litigation Process: Real estate litigation includes filing pleadings, discovery, hearings, and possibly trial. Courts can issue binding decisions regarding property rights, contract enforcement, or damages.
• Role of Attorneys: Our knowledgeable Florida real estate lawyers guide clients through every stage, from evaluating the dispute and negotiating settlements to handling complicated litigation.
• Protecting Your Interests: Our attorneys ensure compliance with deadlines, gather evidence, advocate for favorable outcomes, and help prevent future disputes.
• Strategic Guidance: Our team provides informed advice tailored to your specific situation, helping you achieve the most effective resolution under Florida law.
• Peace of Mind: Working with our skilled attorneys reduces stress and safeguards your property and financial interests throughout the dispute process.
| Type of Dispute | What It Commonly Involves | Typical Resolution Methods | Statute of Limitations (Florida) |
| Contract Disputes | Missed deadlines, financing issues, inspection disagreements, breach of purchase or lease agreements | Negotiation, mediation, litigation to enforce or terminate contracts | 5 years (written contracts) / 4 years (oral contracts) |
| Boundary & Title Disputes | Property line disagreements, easements, liens, ownership claims, survey conflicts | Title searches, corrective deeds, quiet title actions, litigation | Varies by claim type |
| Landlord–Tenant Disputes | Unpaid rent, lease violations, security deposits, habitability issues, evictions | Statutory eviction process, negotiation, mediation, court proceedings | Generally short statutory deadlines |
| Construction Defects & Development Disputes | Defective workmanship, delays, cost overruns, failure to meet specifications | Negotiation, arbitration, expert evaluations, litigation | 4-year discovery rule / 7-year statute of repose |
| HOA & Condominium Conflicts | Rule enforcement, assessments, fines, elections, maintenance responsibilities | Pre-suit mediation or arbitration, negotiation, litigation | Varies by dispute |
| Easement & Property Use Disputes | Access rights, shared driveways, utilities, long-standing usage claims | Document review, negotiation, formal agreements, litigation | Varies by claim |
| Fraud & Misrepresentation Claims | Failure to disclose defects, false statements during sale | Investigation, negotiation, litigation | 4 years (discovery rule applies) |
| Negligence / Property Damage Claims | Damage caused by third parties or construction-related negligence | Negotiation, insurance claims, litigation | 2 years (claims filed after April 2023) |
Most Common Types of Real Estate Disputes in Florida
Contract Disputes in Residential and Commercial Transactions
One of the most common real estate disputes in Florida involves disagreements over purchase and sale contracts. Buyers and sellers may clash over missed deadlines, financing contingencies, inspection issues, or whether one party properly canceled the agreement. In commercial transactions, disputes often arise from vague contract language or disagreements about property condition and closing obligations. These disputes are frequently resolved through negotiation between attorneys, mediation, or, when necessary, litigation to enforce or terminate the contract.
Boundary and Title Disputes
Boundary disputes are common due to unclear property lines, fence placements, or conflicting surveys. Title disputes can also arise when liens, easements, or ownership claims are discovered after a purchase. These issues can delay sales or interfere with property use. Resolution often involves ordering updated surveys, conducting title searches, and negotiating corrective deeds or settlements. In more complicated cases, a quiet title action may be required to clarify ownership rights.
Landlord-Tenant Disputes
Florida sees a high volume of landlord-tenant conflicts, especially over unpaid rent, security deposits, lease violations, and property maintenance responsibilities. Residential tenants may claim unsafe living conditions, while landlords may pursue eviction for noncompliance with lease terms. Many of these disputes are resolved through statutory eviction procedures, settlement agreements, or mediation, which can help avoid prolonged court battles.
Construction and Development Disputes
Construction-related disputes often involve allegations of defective workmanship, delays, cost overruns, or failure to meet contract specifications. Property owners, contractors, and developers may disagree over responsibility for repairs or payment. These disputes are commonly addressed through contract-based claims, arbitration clauses, or negotiations supported by experts’ evaluations of the work performed.
Homeowners’ Association and Condominium Conflicts
HOA and condominium disputes frequently stem from enforcement of rules, assessment increases, maintenance obligations, or election procedures. Owners may challenge fines or restrictions, while associations may pursue compliance or payment. Florida law often requires certain HOA disputes to go through pre-suit mediation or arbitration, which can provide a faster and more cost-effective resolution.
Disputes Over Easements and Property Use
Conflicts can arise when neighboring property owners disagree about access rights, shared driveways, or utility easements. These disputes may involve long-standing use or newly asserted claims. Resolution often depends on reviewing recorded documents, historical usage, and negotiating formal agreements to define rights in the future.
When these disputes arise, our real estate attorneys in Florida can help protect your interests and work toward an effective resolution.
How Are Florida Real Estate Disputes Resolved?
Evaluating the Dispute and Protecting Your Interests
Our knowledgeable Florida real estate lawyers at Lulich & Attorneys begin by carefully reviewing the facts of your dispute, including contracts,deeds, title documents, correspondence, and applicable Florida statutes. This early evaluation allows us to identify legal risks, strengths, and potential outcomes. By understanding your goals, whether protecting an investment, completing a transaction, or resolving a long-standing conflict, we can develop a strategy focused on achieving practical and cost-effective results.
Negotiation and Informal Resolution Strategies
Many real estate disputes can be resolved without going to court. Lulich & Attorneys use skilled negotiation to address disagreements involving contracts, boundary issues, HOA conflicts, or landlord-tenant matters. Our attorneys communicate directly with opposing parties and counsel to clarify misunderstandings, propose solutions, and work toward mutually acceptable agreements. Early resolution can help clients save time, reduce expenses, and preserve important business or neighbor relationships.
Mediation and Alternative Dispute Resolution
When negotiation alone is not enough, Florida law often encourages or requires mediation or arbitration in real estate disputes. Lulich & Attorneys represent clients throughout these alternative dispute resolution processes, preparing evidence, presenting legal arguments, and advocating for favorable terms. Mediation can be especially effective in construction disputes, HOA conflicts, and contract disagreements, offering a structured environment to reach a binding resolution without the uncertainty of trial.
Litigation and Court Representation
If a dispute cannot be resolved through negotiation or mediation, Lulich & Attorneys are prepared to pursue litigation. Our real estate lawyers handle lawsuits involving breach of contract, title defects, easement disputes, construction claims, and quiet title actions. We manage every stage of the litigation process, from filing pleadings and conducting discovery to arguing motions and representing clients at trial. Our courtroom experience ensures clients’ rights are fully protected under Florida law.
Assisting with Compliance and Preventing Future Disputes
Beyond resolving active disputes, Lulich & Attorneys help clients prevent future conflicts by reviewing contracts, advising on compliance with HOA rules, and addressing title or zoning issues before they escalate. Proactive legal guidance can reduce the likelihood of costly disputes and provide long-term peace of mind.
Florida Statute of Limitations for Real Estate Disputes
In Florida, the statute of limitations for real estate disputes depends on the type of claim involved. Most real estate lawsuits are governed by Florida Statutes Chapter 95. For disputes involving written contracts, such as purchase agreements or leases, the statute of limitations is generally five years from the date the breach occurred. If the dispute involves an oral contract, the deadline is usually four years. Claims based on negligence after April 2023, including certain property damage disputes, must typically be filed within two years under the recent statutory changes.
Fraud and Misrepresentation Claims
Real estate disputes involving fraud or misrepresentation, such as nondisclosure of defects or false statements made during a sale, are generally subject to a four-year statute of limitations. However, these claims are often governed by the “discovery rule,” meaning the clock may not start until the fraud was discovered or should have reasonably been discovered. This exception can be critical in cases where defects or misstatements are hidden and only become apparent after closing.
Construction Defects and Statute of Repose
Construction defect claims are subject to special timing rules. In most cases, a lawsuit must be filed within four years from the date the defect was discovered or should have been discovered. However, Florida also imposes a seven-year statute of repose (after April 2023), which sets an absolute deadline regardless of discovery. Once this period expires, claims are generally barred, even if the defect was recently uncovered.
How Our Attorneys Help Meet Critical Deadlines
Missing the statute of limitations can permanently bar a valid claim. Our attorneys carefully analyze the facts of each real estate dispute to determine the correct filing deadline and identify any applicable exceptions. We act promptly to gather documentation, preserve evidence, and file claims on time. By closely tracking deadlines and understanding Florida’s strict timing rules, our attorneys help ensure your rights are protected and your case is not dismissed due to a missed statute of limitations.
What Happens When a Real Estate Dispute is Settled or Litigated in Florida?
When a real estate dispute arises in Florida, property owners, buyers, sellers, and investors often face an important decision: whether to pursue a settlement or move forward with litigation. Each option has advantages, and the right approach depends on the facts of the dispute, the goals of the parties, and the potential risks involved.
Settlement is often the preferred first step in resolving real estate disputes. Through negotiation or mediation, the parties may reach an agreement that avoids the expense and uncertainty of court. Settlements can address issues such as contract breaches, boundary disagreements, construction defects, or HOA conflicts in a flexible manner. A negotiated resolution can save time, reduce legal costs, and allow both sides to maintain greater control over the outcome. In many Florida real estate disputes, courts also encourage mediation before a case proceeds to trial.
Litigation becomes necessary when settlement efforts fail or when the dispute involves detailed legal issues that require a court’s intervention. Filing a lawsuit allows a judge or jury to decide the matter based on evidence and applicable Florida law. Litigation may be appropriate in cases involving significant financial stakes, title disputes, enforcement of contracts, or situations where one party refuses to negotiate in good faith. While litigation can be more time-consuming, it can also provide binding resolutions and enforceable court orders.
Our attorneys guide clients through both settlement and litigation with a strategic, informed approach. We begin by evaluating the strengths and weaknesses of your case, reviewing contracts, property records, and relevant laws. This assessment helps determine whether settlement is likely to achieve a favorable result or whether litigation is necessary to protect your interests.
During settlement discussions, our attorneys negotiate aggressively on your behalf, communicate with opposing parties, and work to secure terms that align with your goals. If litigation becomes unavoidable, we handle every aspect of the court process, including filing pleadings, conducting discovery, presenting evidence, and advocating for you in hearings and at trial.
Throughout the process, our attorneys keep you informed and involved, explaining your options and recommending strategies based on changing circumstances. Whether your case is resolved through settlement or decided in court, our team works to protect your property rights and pursue the most effective resolution under Florida law.
FAQs – Florida Real Estate Disputes and the Statute of Limitations
What types of real estate disputes are most common in Florida?
Common disputes include contract breaches, title and boundary issues, construction defects, landlord-tenant conflicts, HOA disagreements, and disputes over easements or property use. These issues can arise in both residential and commercial properties and often involve significant financial and legal consequences.
Should I try to settle a real estate dispute before filing a lawsuit?
In many cases, settlement is a practical first step. Negotiation or mediation can resolve disputes more quickly and at a lower cost than litigation. However, if the other party refuses to cooperate or the dispute involves complicated legal questions, litigation may be necessary to protect your rights.
What happens if a real estate dispute goes to court?
Litigation typically involves filing pleadings, exchanging evidence during discovery, attending hearings, and possibly going to trial. The court may issue binding orders affecting property rights, damages, or contract enforcement.
How can our attorneys help with a real estate dispute?
Our attorneys handle every stage of the process, from evaluating your case and meeting critical deadlines to negotiating settlements and representing you in court. We work to reduce stress, protect your property interests, and pursue the most effective resolution under Florida law.
Talk with Our Experienced Florida Real Estate Lawyers Right Away
At Lulich & Attorneys, we can handle every step of the real estate dispute resolution process for you in a timely manner.
For a consultation with our knowledgeable Florida real estate attorneys, please call our office or contact us online right away.