Real Estate

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Attorneys Serving Brandon Residents Involved in Property Transactions or Litigation

Issues in real estate can vary greatly. Whether it stems from a contract dispute, improper zoning, or easement rights, Owen & Dunivan, PLLC may be able to help you. One thing they all have in common is the stress that comes with trying to deal with any matter that affects your home or business. The real estate lawyers at Owen & Dunivan are dedicated to easing this stress with zealous legal representation near Brandon and surrounding communities. Whether you need help drafting your mortgage documents or fighting a buyer or seller who has violated an agreement, we have the experience and knowledge to make sure your rights are asserted.

Commercial and Residential Contract Drafting

If you are involved in a commercial or residential real estate transaction, you need an attorney that is experienced with the potential pitfalls in the transaction. Whether you are a seller struggling to give proper disclosures and trying to protect yourself with giving the proper warranties, or a buyer, trying to make sure you are adequately protected in the contract you are signing, you need an attorney that understands the gravity of your situation.

Contract Disputes and Remedies

Unfortunately, even after parties have come to an agreement regarding property, conflicts may arise that hinder the process. Once a real estate contract has been finalized, both sellers and buyers have certain rights and remedies available if it is breached. A buyer may pursue action if a seller wrongly refuses to transfer title to a property or defaults. Conversely, a seller has remedies against a buyer who fails to pay or breaches a material part of the contract. If either party breaches the terms of an agreement, the non-breaching party may seek remedies, including:

  • Specific Performance: When a party is able but unwilling to perform under an agreement, a court may order specific performance. This remedy may be available if the terms of the agreement make it so that monetary damages would not be sufficient to restore the non-breaching party to its position before the breach. Specific performance directs the breaching party to perform its obligations under the contract.
  • Money Damages: If a breach of a real estate contract has led to financial loss, the court may order monetary damages to compensate the non-breaching party. Money damages are set by determining the difference between the contract price and the property’s market value. These are awarded to put a non-breaching party in the same position as if the contract was fulfilled.
  • Termination of the Contract: If a seller breaches a contract, or the agreement is found invalid, the buyer can terminate the contract. With this remedy, the seller must return any payments made by the buyer under an unenforceable contract.

Each remedy requires court action for enforcement. If you are engaged in a property contract dispute, it is important to consult a knowledgeable attorney who can advise you of your remedies and what legal action may be necessary.

Commercial and Residential Agreements on Property Rights and Zoning

When buying any kind of real estate in Florida, deeds should include a precise legal description of property lines and boundaries. Incorrect or inaccurate wording can lead to an array of disputes. Certain additional agreements about boundaries may be appropriate to avoid future conflict. For example, an encroachment agreement between parties grants someone the right to use a portion of land either above or below the surface of the property, such as for gas or water lines. Similarly, an easement gives another person or entity a legal right to use property for a specified purpose. These may be helpful in situations such as when power lines need to go across someone’s property to access another party’s land. Sometimes the existence of a prior, unknown encroachment or easement agreement can lead to a boundary dispute for a new owner. If a deed fails to give a full or clear description of the land being purchased, conflicts can arise.

In addition, property owners must abide by local zoning ordinances regarding residential or commercial use or development. For example, property located within an area designated for business purposes may mean that certain types of activity are prohibited. When entering into a real estate transaction, it is important to be conscious of these issues and laws.

If you are in danger of foreclosure, moreover, and considering selling your property in a short sale or transferring a deed in lieu to your lender, it is important that you know the details of your deed and mortgage agreements in order to avoid an error or additional legal issues.

Quiet Title

A property owner will file a lawsuit to quiet title, in order to perfect title or remove clouds on the subject property’s title. The objective in a quiet title action is to vest title in the name of the Plaintiff (generally, the property owner) so potential or actual clouds on title may be extinguished. The goal is to make title “marketable.”

Quiet Title actions are popular ways an individual or entity can obtain clear title after a tax deed sale. It may also be necessary when a property owner obtains title to property that reflects inappropriate liens on the subject property. Many property owners find encumbrances or encroachments on their property that may affect marketability. Owen & Dunivan, PLLC is ready to either defend or pursue a quiet title action on your behalf.

Riverview Lawyers Skilled in Handling Real Estate Matters

Whether you are buying a new home or selling property due to financial problems, the property dispute attorneys at Owen & Dunivan can assist you with the entirety of your legal needs in Riverview or other Florida communities. Many of our clients come from Tampa and throughout Hillsborough County. We are proud to offer experienced legal guidance in an array of practice areas. Please contact us online or by calling 813-502-6768 to set up an appointment.