Orlando Real Estate Lawyer

From large development projects to buying a family home, our lawyers at Bogin, Munns & Munns’ Orlando location can advocate for you during your legal proceedings.

Our Central Florida law firm is your source for all real estate legal services, from planning and representation to land development and closings. Our real estate attorneys in Orlando also offer real estate brokerage services.

Orlando Is a Hot Spot for Real Estate

Real estate is an essential and growing part of the Orlando area. Millions of tourists come from all over the world to enjoy our theme parks and attractions while staying at any of the numerous hotels along International Drive. With that, many people are interested in buying property for:

  • Restaurants
  • Franchises
  • Shopping centers
  • Entertainment venues
  • Hotels
  • Residential communities

Obtaining the proper permits and licenses, bidding for the property against other potential buyers, submitting applications, and going back and forth with landlords can be overwhelming and cause confusion. You can look to a real estate lawyer with our firm to take over these tasks while you focus on other important matters that go into this process.

Our Commercial Real Estate Practice Areas

At Bogin, Munns & Munns, our real estate lawyers support commercial real estate ventures in Orlando. Commercial real estate can include a wide range of legal matters, such as clarifying partnerships and financing agreements.

Commercial real estate includes:

  • Retail space, which can include grocery and department stores, barber shops, malls, and other business ventures
  • Office space, which can include small businesses, multi-office corporations, and co-working spaces
  • Industrial space, which can include warehouses, manufacturing plants, and shipping facilities

Our commercial real estate attorneys can manage multiple leases and rental agreements. We can also ensure all applicable local and state laws are in place to protect your business, property, and tenants.

Our Residential Real Estate Practice Areas

Buying, selling, and renting residential property in Orlando means both parties must comply with many different laws. Our law firm will help you understand how the law applies to sales, purchases, and more.

Florida Statutes § 83 governs residential real estate matters involving:

  • Leases
  • Evictions
  • Foreclosures
  • Fines and liens
  • Title searches
  • Landlord access
  • Short-term rentals

We will also represent you at the final closing of your property. You do not have to investigate or correctly interpret real estate law on your own. Our lawyers will make sure you understand your rights and the responsibilities as the owner of residential property.

Real Estate Sales And Purchases Require Lots of Paperwork

Whether residential or commercial, real estate transactions involve a wide range of paperwork. When our real estate team is on your side, we make sure all required documents are in place.

Real estate documents can include:

  • Purchase and sale agreements
  • Loan agreements and disclosures
  • Escrow forms and deposit receipts
  • Residential and commercial leases
  • Land use and building code documents
  • Confidentiality and non-disclosure agreements

In addition to completing your paperwork and ensuring proper filing, we also review every piece of paper that requires your signature. If necessary, we make adjustments and modifications that ensure documents and contracts align with your goals.

We also make sure your real estate matters comply with all City of Orlando building and development guidelines.

What Some of Our Clients Have Said About Working With Our Lawyers

For over 40 years, we have served personal injury, criminal defense, and real estate clients, among many others. We have made it our mission to secure clients with favorable outcomes.

Here are a few of our client reviews:

  • “I have had the pleasure of receiving sound council on real estate endeavors from both Rulon and Spencer Munns.  The reason I decided to do business with Bogin, Munns & Munns is because of their high level of legal expertise, their reputation of integrity, and their long time commitment to Central Florida which gave me, a relatively new Orlando resident, the reassurance of having a real advocate in my corner.  You will be in great hands with Bogin, Munns & Munns.” – Clay B., from Orlando
  • “Spencer Munns and staff have been a great help. With so many attorneys and different areas of practice they are a complete firm with a long history within Florida.” – Alan K., from Orlando

Our team is ready to hear your case to see how we can be of assistance to you.

General Services We Provide As Your Real Estate Lawyers

As your real estate team, we can provide you with innovative legal services, such as:
Licensure assistance

  • Fiduciary duty advice
  • Escrow dispute advice

We are happy to guide you through the real estate process and closing. We can meet you at a location that is most convenient for you in 13 locations throughout Central Florida, with our main office in Orlando. Our attorneys can ensure your real estate matter is handled with the care you should expect from a firm that has been around for over 40 years.

For a more in-depth look, here are all the different areas we cover in real estate law:

Commercial Real Estate

The Orlando and Central Florida real estate attorneys at Bogin, Munns & Munns are ready to assist you with the following commercial real estate closing services:

  • Reviewing, negotiating, and drafting real estate contracts that ensure provisions and contingencies are in YOUR best interest
  • Helping buyers, sellers, and lenders navigate through due diligence matters that are applicable to the transaction (Remember: there are varying types of commercial real estate, and there are varying due diligence issues that need to be considered by the buyer, seller, and lender.)
  • Working with lenders and buyers on all types of acquisition, financing, and filing
  • Evaluating the status of the contract (and the survey) and taking appropriate legal actions to clear up any existing title or survey issues, as requested
  • Explaining what the title policy does and does NOT protect you against
  • Consulting and assisting buyers with determining what business entity or other forms of ownership are most advantageous for the property
  • Acting as a title agent and closing agent to perform closings in compliance with the ever-evolving requirements of parties to the transaction (In doing so, we ensure that your legal rights are protected throughout that process.)
  • Working on defeasance and other complex payoff procedures

If you have issues regarding residential or commercial sales, purchases or leases, land use, financing, evictions, and/or lawsuits, our real estate legal team can use our resources to find a solution.

Residential Real Estate

There are many different state laws and local ordinances that apply to real estate matters in Orlando. Because real estate can be a complex industry, some disputes and disagreements benefit from legal aid. Whenever possible, we attempt to resolve your case with negotiations outside of court.

Our real estate lawyers can help with:

  • Contract errors and disputes
  • Misinterpretations of real estate law
  • Mortgage and title fraud matters
  • Title insurance claims

If we cannot reach an agreement with the other party or parties in your dispute, we will represent you in all depositions, hearings, mediation sessions, and other court-related appearances.

Development

Real estate development includes all aspects of the project, including:

  • Site selection
  • Site acquisition
  • Site permitting
  • Site preparation
  • Construction
  • Completion
  • Operation

Our real estate attorneys at Bogin, Munns & Munns can help with negotiating development agreements to have the necessary entitlements, permits, and land use designations for our Orlando clients. In addition, we work closely with local government officials to ensure the land for real estate and development projects has the required permits and appropriate zoning.

We represent the following entities in commercial, residential, industrial, and mixed-use real estate development projects in Orlando:

  • Developers
  • Landowners
  • Builders

Clients benefit from our ability to resolve land use issues as diverse as the land itself, including:

  • Land development
  • Zoning
  • Annexation
  • Private covenants
  • And more

Our Firm Can Also Help With Code Enforcement

Each of Florida’s 67 counties and 412 municipalities have a code enforcement department or division. The code enforcement department is tasked with the responsibility of ensuring a property’s compliance with the applicable local government’s code of ordinances.

While the applicable local government is represented by its own in-house attorney’s office, tax-paying property owners are unfortunately left to fend for themselves.

Pursuant to Florida Statutes § 162.09, fines can be placed on your property, charging about $250 per day. These fines can even become liens which can, in some instances, be foreclosed by the local government (if the property is not a homestead).

No matter where you are in the process, a lawyer who is board-certified in city, county, and local government law by the Florida Bar can help—and thankfully, Bogin, Munns & Munns employs attorneys on staff who can help you navigate through the complexities of this area of law. In fact, we may be able to resolve the matter without fines or liens being imposed on your property.

Understanding Code Violations

Before you close on any commercial or residential property, it is important to confirm that the property—the way it stands at the time of the closing—is in compliance with zoning, building, and safety codes. If not, you could face a surprise later in the form of a code violation letter.

Because code violation letters may be phrased using confusing technical language, the purpose of these letters is not always clear. Unfortunately, too many people fail to respond or throw them away. With daily fines, ignoring this letter could be a very expensive error.

Common Types of Code Violations

There are a wide variety of code violations that a homeowner could be cited for. However, some of the most common include:

  • Poorly maintained lots: A property owner is required to keep their lot properly maintained, removing weeds, overgrowth, stagnant water, garbage, and other unsanitary materials. Property owners are given a set period of time to clean the property before a local government contractor will step in and do it for them.
    If this event occurs, they will receive an invoice for the work completed. If there are multiple lot maintenance violations within a year, the property owner may face additional penalties.
  • Signs: Property owners must have a permit to erect or change a sign, such as a “for lease” sign. If a property owner puts up a sign with no permit, they may be in violation of the code and face fines.
  • Inoperable or unlicensed vehicles: If the property owner owns an inoperable or unlicensed vehicle, it must be stored in an enclosure.
  • Signs located in the right-of-way: While it is common to see signage during election season, signs cannot be put in the right-of-way of roads, streets, or publicly-owned spaces.
  • Parking on lawns or grass: Vehicles must be parked on approved, maintained, all-weather surfaces. If additional parking is needed, permits are available. However, the property owner must apply for a permit and be approved.
  • Trees:Trees must be maintained, and issues that arise over limbs that extend over a neighbor’s property must be resolved between the neighbors. You must obtain a permit to remove trees that are over four inches in caliper.
  • Building permits: Homeowners typically must obtain permits prior to adding additions onto homes or buildings, such as storage sheds, pools, and other independent structures.
  • Commercial vehicles: Commercial vehicles cannot be parked on public streets or private driveways or property unless they are there to load or unload cargo.

These examples are just a handful of the most common types of the many possible code violations that a homeowner or property owner could receive a violation notice for.

If you received a citation letter and don’t know how to proceed, Bogin, Munns & Munns can interpret the letter and determine a course of action.

Enforcement Process for Code Violations

Here is a look at the basic steps for how a code violation is enforced:

  • The violation is reported.
  • The complaint is registered.
  • The case is assigned to a code enforcement inspector.
  • A code enforcement inspector visits the site of the reported violation and conducts an inspection.
  • A Notice of Violation is issued, if the violation is confirmed.
  • The property owner has a defined period of time to resolve the problem, depending on the type of violation that occurred.
  • The property is then re-inspected.
  • If the violation still remains, an Affidavit of Non-Compliance is issued by the code enforcement officer, and the case is referred to the Code Board and/or the Code Enforcement Special Magistrate for an evidentiary hearing.
  • At the hearing, if the Board or Magistrate agrees with the code enforcement department, a daily fine is placed against the property and continues running until the violation is corrected. Once corrected, the fine stops running, but the lien it has created remains (usually accruing with interest) upon the real property until paid or a settlement is reached with the local government.

What to Do if You’ve Received a Notice of Violation

If you have received a Notice of Violation letter, you have options, including making a request for an extension for compliance, requesting to reduce the penalty imposed against you, or requesting a hearing before the Code Enforcement Board.

According to Florida Statute § 162.11, you may also have 30 days to appeal a ruling from a code enforcement board. With daily penalties, you could easily cost yourself thousands or even tens of thousands of dollars in fines if you do not act quickly after receiving a letter about a code violation.

A code enforcement lawyer from Bogin, Munns & Munns can help you better understand the violation and pursue a resolution.

Our Real Estate Attorneys in Orlando Can Handle Complex Cases

Buying, selling, planning, and developing real estate often requires the cooperation of many parties. Sometimes, disagreements occur during this process that may be detrimental to the project.

If you are involved in a real estate dispute and would like to learn more about your potential legal options in Orlando, Florida, the team from Bogin, Munns & Munns can discuss your claim during a consultation. Our real estate lawyers work with a broad range of real estate law and can help you decide on the best course of action based on your legal options.

Forms of Compensation You Can Recover

Depending on your situation, you may be eligible for financial compensation in a real estate case. If a third party intentionally or unknowingly acted in a way that created financial loss, you may be entitled to reimbursement. If you were misled, unfairly treated, or are involved in a real estate dispute of any nature, the team at Bogin, Munns & Munns may be able to help.

Bogin, Munns & Munns Is Here for You in Orlando

To discuss your real estate case with a member of our Orlando team, contact Bogin, Munns & Munns for your initial consultation.

Frequently Asked Questions

You should immediately contact an experienced attorney to assist you.  That attorney will work with an experienced storm water engineer to determine the exact source of flooding and who is responsible for the damages to your property.  Once the source of storm water is determined, then the attorney can file a lawsuit on your behalf against those responsible.

Depending on the type of flood insurance you have, that flood insurance may pay for the damages.  However, if you did not have flood insurance, you could take out a home equity line of credit (HELOC) to pay for the cost of litigation so that you can repair your damaged home, build a retention wall, or (worst case scenario) move to another location.

No, under the American Rule, attorney’s fees are only a shifting expense when there is a contract or a statute that provides for entitlement to attorney’s fees.

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Request a consultation by filling out the form below, or call us at 855.686.6752. We have over a dozen offices located in Orlando and across Central Florida. We’re happy to answer any of your questions.