Real Estate Litigation

Florida Real Estate Litigation Attorney

Real Estate Lawyers

Roddy Lanigan and Eric Lanigan are Florida real estate litigation attorneys who represent Florida real estate clients around the world.

The Lanigans represent Florida property buyers, sellers, realtors, mortgage companies, developers, contractors, appraisers and investors in both complex and day-to-day residential and commercial real estate issues in Florida.

Avoid a $1,000,000 Mistake

The goal is to avoid litigation by working with an attorney and questions before the problems start. Did you know that most real estate litigation could be avoided with a simple conversation with an attorney? Everyone loves a good deal and it can be intoxicating to shake hands on a big deal. Hold off and have a conversation with your real estate attorney before your signature goes on the contract.

Take a moment, slow down and retain an attorney to ask questions. The language in contracts should change for every deal you sign and your best interests are probably going to vary based on the property size, location and value in every deal. Or, you can keep moving fast, making decisions on the fly and when you mess up because you moved too fast, you can hire an attorney to fix a $1 million mistake after the deal is signed.

Buy, Sell, or Invest?

real-estate-attorney-eric-laniganIt’s important to consult with a Florida real estate litigation attorney if you’re going to buy, sell or own Florida residential or commercial real estate. Before you sign a contract—written or verbal—or put money down with a realtor or into a group investment on land, call an attorney and protect yourself.

Simple Contract Review

Florida real estate litigation could be prevented in many cases if an attorney was consulted before a signature was placed on a long-term contract. Taking a contract to be reviewed by the Lanigans who are Florida natives familiar with all the issues and challenges Florida properties incur, can save litigation. Spend an hour or several or drop off the contract for review and let the deal progress the right way.

Florida Real Estate Law Since 1976

Since 1976, Lanigan and Lanigan have handled individual and company cases in residential and commercial real estate litigation representing and defending:

  • Homeowners
  • Investors
  • Realtors
  • Mortgage companies
  • Appraisers
  • Construction companies
  • Real estate contractors

What’s the Hurry?

If someone’s rushing you into a Florida land deal of any kind, suggesting you invest with them in a fixer-upper apartment building that’s priced right, or telling you the home you want has multiple offers, slow down. Only inexperienced real estate investors sign papers in a hurry without an attorney’s review.

Litigation is Expensive

Real estate litigation is expensive as is all litigation. But it can be more problematic and more expensivebuying-florida-property if a sale or a deal is being held up because of a real estate lawsuit. Lawsuits can take months and years. If a land deal is disputed, a sale is stopped over a contract disagreement, easements or property lines, liens and other real estate headaches, both sides will suffer financial losses.

A Phone Call for Prevention

Real estate litigation can usually be prevented and parties protected by a simple phone call to an attorney that you have on retainer to ask questions when they arise. It’s not a great idea to make a mistake and ask forgiveness later in terms of real estate litigation. Poor judgment on a  real estate deal is a risk that can have lasting effects on your and our investments for years.

Florida Real Estate Clients Worldwide

The Lanigans welcome clients from across the United States, Asia, Europe, South America or Central America. Hablamos español and we can talk on Skype or FaceTime. Please contact the office phone and set a formal appointment: 407-740-7379.

E-mail or Call for Formal Appointment

If you send an e-mail, please don’t explain all the legal ins and outs. Provide an idea of the issues, but offer some times that you are available for a phone call or a FaceTime call.

The Lanigans are unable to give legal advice via e-mail to strangers. There’s no free legal advice on questions. The Lanigans are very busy but look forward to client introductory conversations.

All Information is Confidential

All information is confidential and the Lanigans need to give you the time and respect that your issues need to be properly addressed. A phone call will provide both sides the opportunity to ask and answer questions. Call the office, e-mail the office and setup appointments.

The Lanigans can talk via FaceTime or phone. Provide your name, what country and city you’re calling from, what city in Florida with the property issue and then, offer some times EST that you are available for a conversation.

Real Estate Tourism

Florida real estate tourism is popular. Often times people in other countries and states who are investors like to combine vacations with real estate tourism. People around the world own Florida real estate. Many Florida tourists become Florida landowners in which case they need a Florida real estate attorney for all Florida real estate decisions.

Florida Real Estate Legal Problems?

If you fly in, buy property, leave and then have real estate litigation issues, you’ll fly back to Florida for unexpected problems. Instead, have an attorney review your real estate documents no matter where you live. Always include time in your property shopping for a consult with your real estate lawyer. Leave time for questions and answers with an experienced real estate lawyer. The little bit of time it takes, can prevent headaches, lawsuits and financial losses down the line.

Retain a Florida Attorney

Winter Park Florida real estate lawyers Eric Lanigan and Roddy Lanigan have practiced law since 1976 and 2007, respectively. The Lanigans suggest investing in a review with a real estate lawyer about property and land issues to prevent future stress and potential legal inconveniences. Prevention is the best real estate protection.

Real Estate Litigation Landmines

Located in Winter Park, Florida, Eric Lanigan says that the potential for real estate disputes makes litigation a possibility in any and all situations involving residential or commercial Florida property. Whether you’re buying a condo building, a timeshare, a retirement piece of land on the water…you don’t know what issues lie quietly, hidden behind every deal.

  • Should you have been able to negotiate elements into your contract?
  • Did you lose money on a deal you though was foolproof?
  • Was the contract executed legally?
  • Did you bring your own title company to the table?
  • Was your realtor on your side or the buyers’?
  • Did the seller’s disclosure disclose everything?
  • Did you see the entire property inspection report?
  • Were all liens resolved before the closing?
  • Were there unknown easements on the property?
  • Can a sale go through without clear title?
  • Was the person who sold the property the person with the rights to sell it?
  • Did the mortgage company tell you there was a co-borrower involved?
  • Were there any hidden issues in the foreclosure property that differ from a regular sale?
  • Did the seller in the short sale have the right to back out of the deal with your down payment?

Real Estate Transactional Law

Eric Lanigan and Roddy Lanigan provide legal counsel and representation in an array of real estate transactional matters and construction law. They help clients draft, negotiate and review property contracts and advise clients on any potential legal issues, including zoning issues and purchase and sale agreement disputes, that might arise.

Breach of Contract in Real Estate Litigation

Many Florida real estate issues that end up in litigation are the result of a breach of contract. What is a breach of contract? In order for a breach of contract to occur, there has to be a contract agreed upon by two parties for a value or a consideration.

The breach occurs when the promised significant action doesn’t occur in the contract’s natural progression.

What Makes a Contract?

The first thing that real estate investors should know is that legitimate contracts have three parts:

  • There has to be an offer
  • The offer has to be accepted
  • There has to be a financial or value consideration

What Can Go Wrong?

Sellers may learn that they were defrauded on land value before the purchase and may attempt to stop the sale.

Buyers can have financial problems or may not be qualified to buy a property, falsify documents to buy time, then tie up the property in litigation.

When one party knowingly provides false information, or breaks an agreed upon deal about the condition of a home, this is an action that can cause a breach. A breach of contract occurs when one party breaks an agreement.

What Is an Example of Breach of Contract?

Conversely, buyers may attempt to enforce a contract to compel sellers to sell a property in question. Purchasers may refuse to sell their property due to several factors.

Aggressive Real Estate Litigation

Whether your real estate issue is the result of a breach of contract or another dispute, it is in your best interests to hire a real estate law firm that works regularly within Florida. Lanigan and Lanigan will provide the aggressive and personal attention that your real estate case requires.

Help Drafting Real Estate Contracts

The Lanigans assist clients in drafting real estate documents to avoid future litigation by carefully including protective and proactive language and actions in the clients’ best interests in areas including:

  • Residential transactions
  • Liens
  • Commercial sales and purchases
  • Surveys
  • Easements
  • Construction
  • Commercial loan transactions
  • Joint ventures
  • Land trusts
  • Boundary disputes
  • Mortgages

What Issues Cause Real Estate Litigation?

Typical real estate situations in Florida include property that was purchased for a new build that upon surveying by engineers is determined to be muck or swamp and isn’t suitable for construction.

Litigation After Real Estate Sales

Many times, litigation issues arise after a real estate transaction has already occurred. On occasion, there are latent defects in residential or commercial property structures or realtors or sellers may be accused of lying and of non-disclosure on property that was bought or sold.

Geographical or Structural Property Issues

Buying and selling property in Florida is always an interesting prospect. Buyers should be very wary and must have thorough, reliable inspections before purchasing commercial or residential property.

Sellers must be aware of the many possible issues that can go sideways with investors and mortgages. Working with a Florida real estate lawyer is imperative. Better to invest in a real estate consultation upfront, before a contract is signed, then to wait and see how things shake out afterward.

There are many contract issues in every commercial or residential property purchase. There may be title issues with liens that can prevent the sale from moving forward. If a family is selling a property or there is an inheritance that will involved in the sale, there could be civil laws that affect timing, ownership and final revenue.

Meetings by Appointment Only

The Lanigans see clients by appointment only to allow time to discuss your issues. You may call or may setup a FaceTime call if you’re in another state or country. Arrangements can be made for those who are not in the state of Florida but who own property here so that conversations about issues can be held with all the paperwork, questions and issues available to both sides.