Common Causes of Commercial Real Estate Disputes in Florida
Disputes involving real estate can be complex and expensive. When they involve commercial disputes, the issues can be even more problematic to resolve. It doesn’t matter whether you are an investor, manage properties, or are even leasing space for your own business, it’s imperative that you understand the documentation that supports the transaction. Because litigation surrounding commercial real estate transactions are so convoluted at times, it’s essential that you retain a West Palm Beach commercial real estate attorney.
There are countless reasons that you could find yourself in the middle of a Florida commercial real estate dispute. Some of the more common reasons include the following;
Breach of Contract
Breach of contract disputes are very common with real estate transactions. The contract can be either a lease or the sales/purchase agreement. When one side fails to live up to their side of the agreement per the terms of the contract, it can be considered a breach of contract.
Zoning and Land Use Disputes
Litigation is common when land use disputes and zoning issues arise. Developers have to follow all of the regulations regarding legal use restrictions prior to obtaining permits. Sometimes a developer wants to challenge the zoning restrictions, and that can lead to litigation while the government enforces the zoning restrictions against any unlawful use.
Boundary disputes can occur in situations where the boundaries were improperly recorded. This is where your attorney can also help, as he or she will research the legal boundaries and verify that there are no issues.
Failure to Disclose a Property Defect
If the property owner is aware of a defect on the property and fails to disclose it, there could be grounds for a lawsuit. Potential defects can include improvements that were not permitted or there is a mold problem. Selling a property when the owner is aware there are material defects can easily lead to litigation, as the purchaser will claim the original seller knew or should hve known about the defects and should have disclosed them.
With commercial litigation, there are typically multiple owners. When there are multiple people involved in any business, there is a risk of disputes between owners, members, etc. Disputes between co-owners are often some of the hardest to resolve if one owner doesn’t want to budge or give up their rights to ownership and/or control.
Challenges with Commercial Real Estate Litigation
It’s important to find a West Palm Beach commercial real estate attorney who has ample experience handling these types of disputes. Commercial real estate often involves both state and federal laws, not to mention city and county rules and regulations. You want an attorney who has the skill in dealing with different government bodies and understands the local ordinances and laws. You also want a firm that has years of experience handling both transactions and litigation.
At the Law Offices of Larry E. Bray, P.A., we have over 30 years of experience helping clients with all of their commercial real estate needs. We routinely help clients with legal issues like survey reviews, land use disputes, easement agreements, title searches, real estate closings, filing rezoning requests, contract disputes, litigation and more.
If you need assistance with a Florida commercial real estate issue, contact the Law Offices of Larry E. Bray, P.A. today to schedule an initial consultation.