Real Estate Transactions

Real Estate Transactions and Contracts

Our firm handles every issue from A to Z in real estate transactions and our job is to help you navigate the process.  We can assist you with purchasing property, selling property, conducting title searches, executing your closing, and litigating quiet title and deed reformation actions.  Inevitably, problems arise in real estate transactions.  Many times buyers and sellers do not agree on certain issues, and this situation calls for skilled negotiation in order to soundly resolve any problems well prior to the closing date.  When represented by our firm, we will explain the issues and fully advise you so that all negotiations are complete prior to closing. 

Escrow, Title and Closing

The importance of purchasing property with clear title cannot be understated.  Through our title services, we can ensure that you obtain clear title to the property you buy.  From the time of contract execution, we work closely with the real estate agents, mortgage brokers and lenders involved in the transaction so that communication is clear at the outset and potential problems can be avoided or solved well in advance of closing. 

Construction Litigation and Florida Lien Law

Breach of contract, breach of warranty and negligence actions are the sources of much Florida construction litigation.  In addition, Florida construction defect actions may arise when "shoddy" work is done by a Florida licensed contractor, and a homeowner is left to deal with expensive out of pocket repairs. 

Licensed Florida contractors have the right to file liens against property for which the owner has failed to pay for work completed, provided a set of procedures have been followed.  Homeowners have the ability to legally contest construction liens and must also follow specific procedures in order to do so.  Liens are legal instruments that are recorded by the Clerk of Court as a debt against a property, and this type of lien travels with the title of the property.  Thus, upon attempt to transfer or sell property with construction liens, the liens must be extinguished in order for clear title to pass.

Consumer and Commercial Lease Disputes

Leases are special contracts that arise in either the commercial or consumer setting.  Consumer leases memorialize contractual terms such as between landlords and tenants for rental property, and between lenders and consumers for car leases.  Chapter 83 of the Florida Statutes is called The Florida Residential Landlord-Tenant Act, (link), which governs the duties and responsibilities of landlords and tenants when residential apartments or homes are rented. 

Commercial leases cover rental of offices, shopping plazas, buildings, warehouses, and any structure that is not considered a residential dwelling.  Additionally, commercial leases cover business equipment and some machinery. 

The drafting and negotiation of both types of leases (consumer and commercial) is extremely important in order to avoid problems and pitfalls after the fact when all parties have already executed the lease.  Our firm specializes in drafting.  We conduct a thorough study of your consumer or commercial needs, in order to make sure the terms of your lease do not conflict with those needs and are in concert with your business or personal objectives.

Landlord/Tenant

The Florida Residential Landlord Tenant Act, Chapter 83 Florida Statutes, governs the relationship between a landlord and tenant.  While the terms of your lease are important, it is also critical to know whether such terms are in compliance with Florida Statutes.  Whether you are the landlord or tenant, it is important to know your rights, responsibilities and potential remedies, especially in the case of default.  There is a specific procedure outlined in Chapter 83, which dictates how landlords/property owners are able to evict tenants in default from their property and how tenants may cure the default.  Counsel from a Florida attorney will give you the information you need to understand those procedures to make sure the process is handled according to Florida law.

Call or email us to subscribe to the Ermel Law Monthly: Your Guide to Florida Real Estate Law and News, it's free to you and a wealth of information to keep updated on Florida Statutes, bank practices with respect to short sales, deeds-in-lieu and loan modifications, and other useful Florida real estate market and foreclosure statistics.                561-655-5110 / info@ermellaw.com