Florida real estate litigation covers disputes over purchase contracts, title, co-ownership, leases, and construction. Cases are generally filed in the circuit court for the county where the property sits. Written contract claims typically carry a five-year deadline, and many real estate agreements shift attorney's fees to the prevailing party.
Where Real Estate Disputes Are Decided
Real estate litigation in Florida is filed in the circuit court for the county where the property is located, regardless of where the parties live. That venue rule is why our practice is organised county by county — the recording office, the local procedures, and the judges differ.
Most of these cases are decided on documents rather than testimony. The contract, the recorded instruments, the survey, the title commitment, and the written communications between the parties usually determine the outcome. That is good news for a well-documented client and difficult for one who relied on verbal assurances.
Two Features That Shape Almost Every Case
Fee-shifting. A great many Florida real estate contracts and leases contain a prevailing-party attorney's fee provision. This materially changes strategy on both sides: it makes a strong claim more economic to pursue and a weak one far more dangerous to file. It is among the first clauses we read.
Lis pendens. Where a lawsuit affects title, Fla. Stat. § 48.23 allows a notice to be recorded in the public records. In practice it prevents the property being sold or refinanced while the case is pending — often the difference between a meaningful remedy and a hollow judgment. It is also scrutinized by courts, and improper recording carries its own risk.
Filing Deadlines at a Glance
Different theories carry different deadlines, and the right one depends on how the claim is framed rather than on what the dispute feels like.
Claims on written contracts generally carry a five-year period. Claims sounding in fraud run on their own schedule, typically measured from discovery. Construction defect claims are governed by a separate framework that was shortened by 2023 legislation. Your own contract may impose shorter notice, cure, or mediation obligations that operate independently of any statute.
Because the applicable deadline depends on the theory, the dates, and sometimes which version of a statute applies, treat any general answer as a starting point rather than a conclusion.
| Issue | Florida position |
|---|---|
| Venue | Circuit court in the county where the property is located |
| Written contract claims | Generally five years |
| Title protection | Notice of lis pendens — Fla. Stat. § 48.23 |
| Attorney's fees | Commonly shifted to the prevailing party by contract |
| Decided on | Contract, deed, lease, survey, and title documents |
Matters We Handle
- Purchase and sale contract breaches, residential and commercial
- Specific performance and lis pendens practice
- Escrow and earnest money disputes
- Seller nondisclosure and real estate fraud
- Quiet title, title defects, and deed reformation
- Partition of co-owned and inherited property
- Commercial landlord-tenant disputes
- Construction defect claims and Chapter 558 notices
- Easement, boundary, and access disputes
- Association, covenant, and assessment disputes
Real Estate Disputes We Handle
Frequently Asked Questions
Do I have to sue, or can this be resolved another way?
Most real estate disputes settle, and many resolve before suit through a demand letter that sets out the contractual basis clearly. Some Florida residential contracts require mediation before filing. Litigation is leverage, not an end in itself — and where the numbers do not justify it, we say so.
How much does real estate litigation cost in Florida?
It depends on whether the matter is contested and how document-heavy it is. An uncontested quiet title action is relatively predictable; a contested contract case with discovery is not. Where your contract has a prevailing-party fee provision, a successful outcome may shift fees to the other side. We discuss fee structure openly at the free consultation.
Can I stop the property being sold while we litigate?
Often yes, where the lawsuit affects title. Fla. Stat. § 48.23 permits recording a notice of lis pendens, which as a practical matter makes the property very difficult to sell or finance while the case is pending. It must be supported by the pleadings — courts can discharge an unsupported notice, and improper recording can create liability.
Do you represent both property owners and associations?
Yes. We act for buyers, sellers, owners, investors, landlords, tenants, and community associations, depending on the matter. We check for conflicts before taking on any engagement, and we will tell you promptly if we cannot act.
Property Disputes Arising from a Divorce
Real property is the largest asset in most Florida marriages, and dissolution raises property questions that family practice does not always reach — passive appreciation of a premarital home, homestead joinder, title defects discovered at refinancing, and partition where co-ownership survives the judgment. See real estate in a Florida divorce.
Bring the contract, deed, or lease and we will tell you candidly where you stand — including when a claim is not worth pursuing. Consultations are free and confidential.
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