Orlando Real Estate Litigation Lawyer

Orlando Real Estate Litigation Lawyer
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As the booming Orlando area expands its retail, office, and industrial spaces that welcome residents and visitors to shop, eat, work, live, and unwind, real estate disputes will inevitably arise, and the parties involved will have to work to resolve them.

If you are seeking legal counsel for a real estate matter, our Orlando real estate litigation lawyer can advise you on the legal options available and help you decide which path to take. Our real estate attorneys handle a diverse range of cases in the Orlando area and will protect your rights and interests if we represent you. You can call us today for an initial consultation.

Typical Legal Real Estate Claims in the Orlando Area

Understanding the nature of real estate disputes may help you decide whether your claim could warrant legal action. Some common legal claims surrounding real estate include but are not limited to:

Issues With Contractors

Some Orlando property owners rely on the work of contractors for construction, maintenance, and other services related to their property. If a contractor fails to provide an adequate or promised service that affects property value or the ability for the property to function as desired, this instance could lead to real estate litigation.

Fraud

Fraudulent activity is not uncommon in real estate transactions. There may be a tremendous amount of money exchanged throughout the process, and all parties involved should be honest about the condition and expectations of a property for an agreement to be fair.

For example, if the utilities of an Orlando-area property are not functioning properly, but a seller knowingly advertises the utilities to be in perfect shape, this misinformation may be classified as fraud. In this example, the repairs could be financially devastating to the potential new owner of the property.

There are many forms of fraud, and if you were the victim of fraud, you may be entitled to compensation.

Partnership Disputes

Because real estate may be expensive or pertain to business matters, more than two individuals or entities may claim a stake in the investment. This occurrence could create different disagreements. Failure to agree on a developmental direction, construction plan, contractors, or even day-to-day operations may result in the need for litigation to settle disputes fairly.

Zoning Issues

As noted, real estate development is governed by rules regulating the types of structures that can be built in any location where development is possible. For example, putting a shopping mall next to a quiet neighborhood may be a violation of zoning laws.

Code Violations

Every structure is subject to building codes that are designed to protect occupants and visitors. Coding rules differ depending on the jurisdiction of a standing structure and may also vary based on the type of building.

Leasing and Contract Disputes

Much like transactional disputes, disputes regarding leases and contracts may occur for many reasons. An example is if a tenant in a real estate building tries to break a lease while a landlord still holds them accountable for payment. It may then require legal arbitration to settle these types of disputes.

Common Facilities

While common areas are designed to provide an equal opportunity for everyone to enjoy a particular area, this is not always the case in practice. This situation may lead to disagreement over how the common space in that property is shared, maintained, or used.

Boundary Disputes

Every owned property has a legal boundary, but sometimes, those boundaries are unclear. This confusion may cause a disagreement between owners who share a common boundary line. If another party is infringing on your property, a real estate litigation lawyer on our team may settle your dispute.

These instances are just a few examples of the way real estate disputes and legal claims may arise. Real estate law is often complicated. If you are involved in a real estate dispute or are considering taking legal action, consider the benefits of speaking with our real estate litigation team in Orlando.

Our team at Bogin, Munns & Munns can evaluate your case and help you pursue a settlement you may be entitled to collect.

To consult with an experienced real estate litigation lawyer serving Orlando, call 855-686-6752

Our Land Use Attorneys Are Ready to Handle Complex Issues in Your Orlando Case

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 can greatly benefit from the help of an eminent domain attorney with experience in this area. At Bogin, Munns & Munns, our attorneys can protect 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:

  • Single-family homes
  • Apartment complexes
  • Commercial real estate
  • Small and large acreage
  • Industrial complexes
  • Vacant land

When the Government Condemns Real Estate

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. However, you do still have rights that are worth protecting. 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 or complicated, our eminent domain attorneys serving Orlando are here to assist you with any type of eminent domain law. You deserve to be compensated at the fair market value of the land.

We believe that the government should negotiate fairly for the property it intends to purchase, and if you, as a landowner, aren’t willing to give up what’s yours, it’s our job to fight for you.

Environmental Law

Environmental law often overlaps with 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 Orlando-area home or business, we make sure zoning and environmental laws won’t keep your dreams from becoming a reality.

The chief concerns of environmental law are conserving our natural resources and controlling pollution. Some landowners may consider:

  • Controlling pollution, which 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, which could include restrictions on what days you can water your lawn, to helping maintain wildlife populations by limiting hunting to specific seasons
  • The Endangered Species Act (ESA), which has helped save several plant and animal species from extinction

In the United States, the federal body overseeing environmental law is the Environmental Protection Agency (EPA), established in 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.

EPA’s role continues to grow as progress marches forward. Programs focused on climate change and creating more efficient household appliances are currently in effect.

Common Law

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 could receive compensation under common law.

Common law practices allow landowners to sue for either nuisance or even under the theory of trespass. Cases such as these are determined on an individual basis, so you might want to think about reaching out to our firm 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, so you should consider leaving these types of cases to real estate litigation lawyers on our team. Leases are typically long and often complicated documents that can be misinterpreted. Yet, they 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
  • Lease agreements
  • Early lease termination
  • Rental and lease negotiations
  • Tenant’s rights
  • Landlord’s rights
  • Lease obligations
  • Lease enforcement

Helping You Understand Your Rights and Obligations

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

Whether you’re the tenant or the landlord, real estate law can be tedious and complicated, which is why we recommend consulting our Orlando real estate litigation attorneys to determine your rights and obligations concerning property law.

Residential Closing

The Orlando real estate attorneys at Bogin, Munns & Munns can assist you with the following real estate closing services:

  • Carefully reviewing the real estate contract and make certain that all provisions and contingencies are in your best interest
  • Informing you of your legal real estate rights and obligations
  • Evaluating the status of the residential title search and requiring appropriate legal actions to clear up any existing title issues
  • Advising you on exactly what the title policy does not protect you against
  • Preparing and reviewing all residential closing real estate documents related to the transaction, including deeds, mortgages, and final closing statements or HUD-1
  • Helping you understand each legal document related to the real estate transaction
  • Advising you on just how you should take the title to your new home and how this could affect your personal and/or business interests
  • Acting as a title and/or 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, and our lawyers can help you navigate the process.

Shopping Center Development

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

In this area, our real estate legal services may include:

Land use and due diligence

  • Contract preparation, including review and negotiation
  • Land development, leasing, and more

Title Insurance

One of the most important aspects of every Florida real estate transaction is obtaining title insurance. The real estate attorneys at Bogin, Munns & Munns can help guide you through the title insurance process in Orlando. We offer the following professional title insurance legal services:

  • Title insurance for your commercial or residential properties
  • Title claim resolutions

If something in the title documents for the property being purchased is inaccurate, title insurance protects the buyer and lender against possible loss. With a title search, you will learn the current and past status of the property you are purchasing. In addition, title insurance will protect you from forged documents or a missing heir.

You can rely on the title insurance attorneys at Bogin, Munns & Munns to go over your title insurance policy and title searches to prevent any potential problems.

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:

  • Residential
  • Commercial
  • Industrial
  • Recreational
  • Agricultural

Zoning Disputes

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 and potential health concerns due to industrial pollution output. Likewise, erecting a playground in the middle of a dense commercial area may pose a risk to children if heavy traffic and construction are commonplace.

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

Overview of Zoning Codes

Even land parcels in the same class throughout Orlando may be zoned differently. Among 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. You don’t have to face a zoning dispute alone.

Orlando Real Estate Litigation Lawyer Near Me 855-686-6752

Call Us Today for Help From Our Orlando Real Estate Litigation Lawyers

At Bogin, Munns & Munns, our Orlando real estate and zoning attorneys have experience with zoning disputes, including easements, variances, and subdivisions. We can work 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.

Our full-service law firm has helped corporate and individual clients in the Greater Orlando area with legal representation in real estate matters involving spaces of all kinds. Call us today to learn how we can protect your rights and the next steps you can take.

Call or text 855-686-6752 or complete our Request a Consultation form

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