Practice Areas

Orlando Real Estate Lawyer

Real estate is an essential part of the Florida economy. Whether you are a large developer or simply buying a home, you need qualified real estate counsel.

The Bogin, Munns & Munns real estate attorneys handle virtually all aspects of real estate. We represent a wide variety of real estate companies, including developers, builders, contractors, lenders, and title insurance companies. We also represent owners of shopping centers, hotels, office buildings, and citrus and agricultural lands. In addition to commercial real estate transactions, we handle contracts and closings for home buyers and sellers.

Representation of landlords and tenants of all commercial uses is an integral part of our real estate practice. There are many pitfalls in what may be presented as a “standard form lease” and competent representation by an experienced attorney in leasing matters is essential to big and small clients alike.

Our attorneys also represent clients in land use and water approval processes, including comprehensive plan amendments, zoning, plat approvals, Developments of Regional Impact, Sector Plans, annexations and matters related to the involvement of local or state government.

You may call upon us to provide guidance or services in matters related to homeowners associations, environmental laws and regulations, and Small Business Association (SBA) loans. Our Central Florida law firm is your source for all real estate legal services from planning and representation to land development and closings. Our attorneys are even able to offer real estate brokerage services.

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

  • Licensure assistance
  • Fiduciary duty advice
  • Escrow dispute advice

We are happy to guide you in the real estate process and closing.  We can meet you in the location that is most convenient for you with 13 locations throughout Central Florida, with our Main office in Orlando.   We also have offices including Orlando, we have 12 other offices including Clermont, Cocoa, Daytona, Gainesville, Kissimmee, Leesburg, Melbourne, Ocala, Orange City, St. Cloud, Titusville, and The Villages.  Our attorneys work aggressively to ensure your real estate matter is handled with the care you should expect from a firm that has been around for over 40 years.

Fill out this real estate questionnaire if you would like to have a free phone conversation with our of our real estate attorneys. This can help you to determine if a consultation is the next step.

Commercial Real Estate

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

  • Review, negotiation, and drafting of real estate contracts that ensure provisions and contingencies are in YOUR best interest.
  • We help Buyers, Sellers and Lenders navigate through due diligence matters that are applicable to the transaction. Remember that just as there are varying types of commercial real estate, there are varying due diligence issues that need to be considered by the Buyer, Seller, and Lender.
  • We work with Lenders and Buyers on all types of acquisition financing and ensure the documents are prepared according to their agreement.
  • We will evaluate the status of the title and the survey and take appropriate legal actions to clear up any existing title or survey issues, as requested by our clients.
  • We will explain what the title policy does and does NOT protect you against.
  • We consult with and assist Buyers in determining what business entity or other forms of ownership is most advantageous for the property.
  • We act as a title agent and closing agent to perform closings in compliance with the ever-evolving requirements of parties to the transaction. In so doing, we ensure that your legal rights are protected throughout that process.
  • We are experienced in defeasance and other complex payoff procedures.

Do you have a real estate matter concerning residential or commercial leases, purchases, and sales, financing, land use, evictions, or lawsuits? If so, please fill out our online Real Estate Questionnaire to learn more about what we can do for you.

Development

Real estate development has been one of the staples of Florida’s economy for many years. It includes all aspects of the project from site selection, site acquisition, site permitting, and site preparation to construction, completion, and then operation.

The Orlando real estate attorneys at Bogin, Munns & Munns are seasoned at every aspect of real estate development law. We are skilled in negotiating development agreements to have the necessary entitlements, permits, and land use designations for our 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 developers, landowners, and builders in commercial, residential, industrial, and mixed-use real estate development projects. Clients benefit from our ability to resolve land use issues as diverse as the land itself including land use, land development, zoning, annexation, private covenants, and more. We are prepared to negotiate even the most complex land issues and utilize our extensive knowledge of land use planning and zoning law as a foundation for effective resolutions.

Whether you require legal assistance in resolving small landowner issues such as zoning variances for single lots or you’re a large real estate developer running a mixed-use development project, our land use attorneys can provide you with reliable legal counsel.

Eminent Domain

Eminent domain is the acquisition of private land by the government for public use, regardless of whether the owner is willing to sell or not. It can be a complicated matter of law, which requires an experienced eminent domain attorney. At Bogin, Munns & Munns, our experienced attorneys specialize in protecting you by advocating for your rights to receive fair compensation.

The process is often complex, but we have the knowledge and experience to handle your case no matter what type of property you own, including:

The government has the power to condemn real estate, which is the process that a government uses to acquire private property, and you may not have much say in the process, but you do still have rights that are worth protecting regardless. You have the right to contest the government’s offer, and Bogin, Munns & Munns eminent domain lawyers are here to protect those rights.

No matter how large, small, complex, or less complicated, our eminent domain attorneys are here to assist you with any type of eminent domain litigation. You deserve to be compensated at the fair market value of the land. We believe that the government should negotiate fairly for the property they intend on purchasing, and if you as a landowner aren’t willing to give up what’s yours, it’s our job to learn your circumstances and fight for you.

Environmental Law

Environmental law often overlaps into other legal areas, including real estate.  Depending on the type of land, environmental laws may restrict what type of structure may be built upon it, or forbid construction altogether.  Before you purchase a piece of land to build your home or business, make sure zoning and environmental laws won’t keep your dreams from becoming reality.

The chief concerns of environmental law are conserving our natural resources and controlling pollution.  Controlling pollution can mean something as mundane as issuing minor fines for littering to pressing criminal charges against heads of the industry for toxic dumping violations.  Conserving natural resources covers many different areas as well, from restrictions on what days you can water your lawn, to helping maintain wildlife populations by limiting hunting to specific seasons or outlawing the hunting and fishing of specific species entirely.  The Endangered Species Act (ESA) has helped save a number of plant and animal species from extinction.

In the United States, the Federal body overseeing environmental law is the Environmental Protection Agency (EPA), established in late 1970.  It was created as a result of The National Environmental Policy Act (NEPA) to administer the Clean Air Act along with other eco-conscious duties.  The role of the EPA continues to grow as progress marches forward.  Programs focused on creating more efficient household appliances and even climate change are currently in effect.

Environmental laws are in place to protect you and your home.  If you have a neighbor who causes damage or harm to your property due to their pollution, you may be able to receive compensation under common law.  Common law practices allow land-owners to sue for either nuisance or even under theory of trespass.  Cases such as these are determined on an individual basis, so it is important to contact an attorney right away if another party’s pollution is keeping you from a good night’s rest.

Landlord/Tenant

Florida lease termination can become a complex matter that should only be dealt with by experienced landlord/tenant attorneys who are knowledgeable about related real estate matters. Leases are typically long and often complicated documents that can be misinterpreted, yet create the foundation of a tenant and landlord relationship.

The terms lay out the rights and obligations of both parties, which can lead to disputes over negotiations, rights and early lease termination. Whatever the circumstances are, landlords and tenants should have legal representation to ensure that they are protected under any type of real estate landlord/tenant situation.

The real estate lawyers at Bogin, Munns & Munns can help you with all sides of the spectrum regarding landlord and tenant attorney services including but not limited to:

  • Tenant evictions
  • Preparing lease agreements
  • Early lease termination
  • Rental and lease negotiations
  • Tenant’s rights
  • Landlord’s rights
  • Lease obligations
  • Lease enforcement

It is important not only for landlords to have a strong lease to avoid liability, but to have a clear and concise conversation with your tenants to ensure that the agreements set in place are reasonable. Tenants should also thoroughly understand the lease requirements set forth by their landlord so they are well-informed when it comes to rental property issues.

Real estate law can be extremely complex, whether you’re the tenant or the landlord, which is why you should consult with an experienced and competent real estate attorney to determine your rights and obligations concerning property law.

Residential Closing

When it comes to residential real estate, the real estate attorneys at Bogin, Munns & Munns are fully qualified to assist you with the following real estate closing services:

  • We carefully review the real estate contract and make certain that all provisions and contingencies are in your best interest.
  • We inform you of your legal real estate rights and obligations.
  • We will evaluate the status of the residential title search and require appropriate legal actions to clear up any existing title issues.
  • We will advise you on exactly what the title policy does not protect you against.
  • We prepare and review all residential closing real estate documents related to the transaction including, deeds, mortgages, and final closing statements or HUD1.
  • We are here to also help you understand each legal document related to the real estate transaction.
  • We will advise you on just how you should take the title to your new home and how this could affect your personal and / or business interests.
  • We act as a title agent and closing agent to close the residential real estate transaction for you to ensure that your transaction complies with the ever-evolving legal requirements for residential real estate closings.

There are many variables to residential real estate closings. Now more than ever, you should seek professional and competent representation. Call Bogin, Munns & Munns today to discuss your residential real estate closing.

Shopping Center Development

Our attorneys at Bogin, Munns & Munns can offer you comprehensive real estate representation for commercial real estate property in Orlando for shopping centers, hotels, and other buildings.

Our real estate legal services include:

Title Insurance

One of the most important aspects of every Florida real estate transaction is obtaining title insurance. However, when it comes to real estate, you need sound advice and true experience. The Orlando real estate attorneys at Bogin, Munns & Munns can help guide you through the title insurance process with ease. We offer the following professional title insurance legal services:

Title insurance protects the buyer and lender against possible loss if something in the title documents for the property being purchased is inaccurate. Even though with a title search you will learn the current and past status of the property you are purchasing, there is always the possibility that a document was forged or a missing heir comes forward claiming the real estate is theirs. Title insurance protects you from claims such as these.

Because the purchase of real estate is a significant investment, protecting yourself against any claims to the land is critical. The title insurance attorneys at Bogin, Munns & Munns can conduct or review any title searches and examine your title insurance policy for you in order to prevent any issues from arising in the future.

Zoning and Land Use

While not a topic most people regularly consider, zoning plays a very large role in our everyday lives.  Where you work, where you live, and even where you enjoy a peaceful day at the park are (in part) all decided by zoning.  Zoning occurs when a local government divides property and designates classifications for how each parcel of real estate may be used.  Many considerations go into these land-use decisions, such as plans for future growth of the area, how that growth is best accomplished, and how to best ensure property owners do not conflict with one another’s land usage.

The most common zoning classifications are:

Often, the negative aspects of zoning are focused on, as zoning is, in essence, the act of restricting how a property owner may develop their land.  Local zoning boards work to determine the best balance between available space and the needs of the community.  Building an apartment complex (a residential structure) between two industrial factories would likely cause a multitude of land use issues, including noise complaints from residents not to mention potential health concerns due to industrial pollution output by the factories.  Likewise, erecting a playground in the middle of a dense commercial area may pose a risk to children if heavy traffic and construction is commonplace.

Building codes work hand-in-hand with zoning laws.  Many typical zoning disputes are, in reality, building or construction disputes.

These may include:

  • How or if signage may be displayed
  • How many parking spaces and/or their configuration a business must have
  • How tall a building may be

Even parcels of land that are in the same class may be zoned differently.  Of two adjacent residential parcels, one may be zoned for single-family homes, and the other for multiple-family structures such as condos or apartments.  Zoning codes can be quite specific, regulating details such as how far a structure must be from the street, the number of rooms within a structure, and even the size of said rooms.

Before you buy a parcel of property, make sure you know how it is zoned.  While classifications can be changed, the effort, time, and money you will have to invest are considerable and may leave you with a piece of land unsuitable for your goals.  Consult a land-use attorney before making that risky purchase.  You don’t have to face a zoning dispute alone.  At Bogin, Munns & Munns, our real estate and zoning attorneys have experience handles zoning disputes including easements, variances, and subdivisions.

Our land use / zoning attorneys work aggressively to ensure your commercial development matters are handled with the care you should expect from a firm that has been around for over 40 years.

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.

LET US HELP YOU WITH YOUR CASE

Request a Consultation

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.