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When real estate deals go south, experienced litigation counsel can save them.
FORS represents owners, investors, developers, landlords, lenders, buyers, and sellers in litigation over real estate. Our attorneys have tried real estate cases to verdict in Miami-Dade and throughout South Florida, and we understand both the lawsuit and the underlying deal.
Most of our real estate cases start as business deals
A large sum of money in escrow. An investment with multiple partners. A broker with a claim for commission. A property in the name of only one partner. Real estate disputes are usually business disputes about a specific property, and the money at stake can sometimes be the client’s largest asset.
FORS represents property owners, investors, developers, family holding companies, private lenders, buyers and sellers of commercial and high-value residential property, brokers, and commercial landlords and tenants. Many of our clients are in South Florida; many others are in Latin America or Europe and own or are buying property here.
We work in English and Spanish, and we regularly handle disputes where the parties, the money, or the paperwork sit in more than one country.
Prioritize securing the property, then win the case.
In a real estate case, the property itself can change hands. It can be sold, mortgaged, or transferred to someone else while the lawsuit is pending. Our first priority is to make sure the property is secured until the court decides the case or the parties reach a resolution.
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Secure the property
A notice of lis pendens, an equitable lien, or an injunction can keep the property from changing hands, and preserve its value, while the dispute is decided.
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Strengthen the claim
The contract, the escrow instructions, the title work, and the written communications often determine the outcome. We build our case around the evidence.
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Go to trial if necessary
Many real estate disputes settle once the evidence is developed. When they do not, we have years of experience taking real estate cases through both bench and jury trials.
Real estate disputes we litigate.
Plaintiff and defense, in state and federal court.
Failed transactions and deposit disputes
Deals that do not close: financing and inspection contingencies, missed deadlines, defective notices, and the fight over who keeps the escrow deposit. We represent sellers holding a deposit and buyers trying to recover one.
Specific performance
Forcing a seller to close when they attempt to back out, or defending against a purchaser who claims a right to close on the sale.
Co-ownership and partition
Disputes between co-owners, partners, and family members who hold property together and can no longer agree, including judicial partition and negotiated buyouts.
Quiet title and title disputes
Clearing clouds on title, competing claims of ownership, defective deeds, and property that ended up in the wrong name.
Boundary disputes
Disputes between neighboring owners over property lines, encroachments, and conflicting surveys.
Liens, lis pendens, and equitable remedies
Recording and challenging notices of lis pendens, equitable liens, and constructive trusts that tie a claim to a specific property.
Fraudulent transfers of real property
Unwinding transfers of property made to avoid a creditor, a partner, or a judgment, including transfers through affiliated companies and across borders.
Broker commission disputes
Claims by and against brokers when a deal closes and the commission is withheld or contested.
Landlord-tenant litigation
Lease defaults, unpaid rent, holdovers, and disputes over repairs, use, and lease terms, for commercial and residential landlords and tenants.
Evictions
Commercial and residential evictions handled promptly and efficiently.
Foreclosure
Foreclosure prosecution for private and hard-money lenders. See Private Lender Foreclosure.
Examples of real estate cases we tried and won.
Every case is different, and past results do not predict the outcome of any other matter.
FORS Prevails in Trial Over Failed $28.5 Million Real Estate Deal
FORS proved at trial that the purchaser of a Coral Gables estate was not justified in cancelling the purchase on the eve of sale because the reasons given were pretextual. As a result, the court ruled the purchaser forfeited its multimillion-dollar real estate deposit, and also had to pay the seller’s attorney’s fees and costs.
Read moreTrial Victory Results in Equitable Lien Against Pair of Luxury Brickell Condos Following International Fraudulent Transfers
A dispute that began in Panama ended in a Miami courtroom. FORS prevailed at trial for its client, a business partner, in a battle over ownership of two high-end Brickell condominiums that were held in the name of companies in the British Virgin Islands, whose ownership was unclear. FORS initially secured an equitable lien on both units by tracing a web of international fraudulent transfers that established a fair nexus between the money and the real estate.
Read moreQuestions we hear in the first call
The buyer is refusing to close. Do I have to return the deposit?
It depends on the contract: what the financing and inspection contingencies required, whether the right notices went out on time, and what the default clause says. The escrow agent usually holds the money until both sides agree or a court decides. We read the contract and the correspondence first and tell you plainly where you stand.
Can I stop the other side from selling or mortgaging the property while we litigate?
Often, yes. A notice of lis pendens recorded with the lawsuit warns buyers and lenders that the property is in dispute. When the claim is not based on a recorded document, the court can require a bond to keep it in place. In the right case, an injunction or an equitable lien adds further protection.
The seller backed out. Can I make them close?
Florida courts can order specific performance of a real estate contract, because every property is treated as unique. The buyer generally has to show it was ready, willing, and able to close on the contract’s terms.
I own a property with someone and we cannot agree. What are my options?
Florida law allows a co-owner to ask the court to partition the property, which can mean dividing it or ordering a sale and splitting the proceeds. Many partition cases end in a negotiated buyout once the numbers are clear.
Tell us about the property
A deal that did not close, a deposit in dispute, a co-owner who will not cooperate, a title or boundary problem, a lease dispute, or a situation you are not sure is a legal problem yet. An attorney reads every inquiry and responds directly.
Coral Gables, Florida 33134
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