Depending on the circumstances involved in a real estate dispute, it might result in lengthy and costly disputes for the parties involved. It is not rare to find lawsuits related to the purchase of commercial real estate in Florida, especially if the documents supporting the transaction are problematic.  

In this article, you will find a full overview of commercial real estate disputes in Florida.  

Commercial Real Estate Disputes in Florida – Full Walkthrough  

Whether you are an aspiring real estate investor, property manager, or even leasing commercial premises, it is crucial to understand the core documentation involved in each transaction and other aspects that may affect both parties involved.  

Breach of Contract  

When one of the parties fails to fulfill his or her duties under the terms of a valid agreement, it can be considered a breach of contract. This is the most common type of dispute associated with commercial real estate transactions in Florida.  

Please note that a breach of contract can affect both purchase agreements and business lease contracts. In such cases, the main remedies available are the payment of damages and a court order to obligate the breaching party to perform under the contract. 

For severe cases, the appropriate court can cancel the contract and order restitution, which will put the injured party back in the position it was before the breach occurred. 

Zoning Issues and Land Disputes 

Selling or acquiring commercial property in Florida exposes real estate investors to a myriad of local zoning laws and regulations for land use. Developers must meet all relevant zoning requirements. 

Failing to pay attention to certain restrictions can result in stressful disputes, as the government will certainly enforce zoning laws against those who use the land unlawfully.  

Another common type of land-related dispute involves improperly recorded boundaries, encroachments, and other similar cases.  

Failing to Meet Disclosure Requirements 

Before signing the closing documents, the seller must disclose the existence of any known defects affecting the property being sold. If the seller is aware of a defect and fails to disclose it, it will likely result in a lawsuit. 

State law requires sellers to disclose “latent defects,” which are defects that cannot readily be seen during an average inspection. For example, an obvious defect like a broken window is not part of the requirement. 

Examples of defects that must be disclosed are the existence of mold, environmental hazards, water leaks (past or present), insect infestations, issues affecting electrical wiring, title clouds, etc. 

Ownership Disputes 

Unlike most residential properties, commercial properties often have multiple owners. When two or more entrepreneurs get together to start a company or invest in an existing business, it is hard to think that the partnership will eventually end up in a broken relationship. 

However, the risk of disputes between multiple owners or members of the same business can be some of the hardest types of disputes to resolve, as it often involves complex asset divisions, ownership shares, and disputes for business control.  

Florida Commercial Real Estate Disputes – Immediately Seek Expert Legal Guidance 

Whether you want to avoid disputes or get yourself out of a stressful litigation process, Attorney Romy B. Jurado willingly wants to help you. Contact us today by calling (305) 921-0976 or emailing [email protected] for an individual consultation.

Loading...