Real Estate Contract Disputes Attorney in Gainesville, FL
When you negotiate and draft a real estate contract, you must consider every contingency and possibility so that you can include these situations in the terms of the contract. Also, you need the contract to be very detailed to reduce the risk of disputes. However, even the most meticulously drafted real estate contracts can be the source of a dispute.
Our Gainesville real estate contract disputes attorneys can help you resolve disputes for real estate matters throughout Marion County, so you can move forward to a real estate closing. Call (888) 316-2131 for more information.
Reasons for Commercial Real Estate Disputes in Gainesville
Commercial real estate transactions tend to involve more complex contracts and issues compared to the average residential real estate transaction. Therefore, it is advantageous to hire an Gainesville commercial real estate attorney to represent you throughout the commercial property purchase. Your attorney can help you resolve disputes arising from issues related to:
Environmental Problems — Many commercial properties are owned or rented to companies that may use various toxic materials in the manufacture of products. Even a mechanic shop that changes oil for customers could run into environmental problems. Disputes could arise if the seller does not discuss the potential for an environmental problem from the beginning of the negotiations.
Construction Disputes — Some owners of commercial property offer to “build to suit.” In other words, the owner will construct a building and other areas for a purchaser or a tenant. Disputes related to construction issues are common in these transactions.
Commercial Rental Units — When selling or purchasing commercial property used for rent or lease by tenants, disputes can arise over a variety of issues. New landlords may want to increase the lease payments or tenants may want to break the lease and vacate the premises. An experienced Gainesville commercial real estate lawyer can help resolve issues before they become problems.
Breach of Contract — The terms in a commercial real estate purchase agreement can be very detailed. The entire contract can be very long, with many addendums. If either party fails to perform the terms contained in the contract, the other party can file a breach of contract lawsuit.
Assessments and Property Taxes — The property taxes for commercial real estate can be much higher than the taxes for the average residential property. In addition, special assessments could increase that price. Disputes may arise related to payment of these amounts.
If you are purchasing or selling commercial real estate, we urge you to contact our Gainesville commercial real estate attorney to discuss the full range of services our law firm offers related to commercial real estate transactions.
Reasons for Residential Real Estate Disputes in Gainesville
Do not assume because your real estate transactions involve a residential property that you will not have disputes arise with the other party. First, Central Florida is home to some very expensive residences that may have issues specific to those homes that parties may dispute. Second, residential sellers and buyers can sometimes be more sensitive about disputes and refuse to negotiate the dispute as a business matter, like many commercial real estate disputes are settled. Residential transactions sometimes involve more emotions, thereby making it more difficult to compromise on a settlement for some disputes.
Some of the common disputes in residential real estate transactions include:
• Failure to Disclose — A seller is required to disclose certain things about a home by Florida real estate laws. When a seller fails to disclose the problem, or the seller understates the problem, the buyer may have one or more options for recourse, including ending the contract.
Title Defects — The seller should have clear, marketable title to the real estate. In most cases, a buyer asks for a General Warranty Deed because it provides the most warranties for the purchaser. If there are title problems or defects, the seller cannot transfer clear title until those issues are resolved. In some cases, a quiet title action may need to be filed to resolve the problem.
Disputes About Fixtures — Certain fixtures are expected to remain in the home and are included in the purchase price (i.e. sinks, attached flooring, etc.). However, some sellers offer to include items in the price to entice buyers, such as the stove or refrigerator. If a contract is ambiguous or the parties do not communicate, problems can ensue.
Home Inspections — A contract may be contingent on a home inspection. After the home inspection, the buyer may demand the seller repair certain items disclosed on the home inspection. Unless the contract is specific as to the seller's responsibilities for repairs, a dispute could arise.
Breach of Contract — The contract is a legally binding agreement between the parties. If a party breaches the contract, the other party may pursue several courses of action for damages.
Again, there are many more ways a dispute can arise in a residential closing. Our Gainesville residential real estate attorney can help you resolve disputes before they become serious problems that threaten closing.
Call Our Gainesville Real Estate Attorney Today
Call (888) 316-2131 to speak with an experienced Gainesville real estate lawyer about your real estate matter in Marion County.