Breach of Contract
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Breach of Contract Attorneys
Trusted legal guidance for property buyers, sellers, landlords, and investors in the Tampa Bay Area.
Bonardi & Uzdavinis Attorneys-at-Law recognizes that every real estate transaction is a significant investment. Our firm guides our clients through the legal intricacy of real estate contracts to prevent expensive errors and disputes. We provide legal counsel customized to your needs.
Call our office to arrange a consultation if you are in a real estate transaction or contract dispute.
What are the Real Estate Contracts?
Real estate contracts outline the conditions and responsibilities related to the property. These contracts are more than just formalities. They are legally binding agreements that establish expectations and responsibility for all parties.
Real estate contracts can include:
- Purchase Agreements for Residential or Commercial Properties
- Lease Agreements
- Option to Purchase Clauses
- Addendums to the Financing Agreement
- Terms Used in Inspection and Repair
- Closing Dates
Lease contracts typically outline terms and conditions. An unclear contract or a party failing to fulfill their end of the deal could lead to legal ramifications. Thus it’s wise to involve a real estate attorney from the outset to safeguard your interests.
Florida Real Estate Contract Laws
Florida real estate transactions are subject to numerous statutes and regulations, so familiarizing yourself with how the courts apply these statutes is key in protecting your rights and avoiding legal complications.
- Florida Statutes Chapter 83 addresses residential and commercial lease agreements
- Chapter 475 of the Real Estate Professionals Act governs licensing and practice requirements for real estate professionals.
- Florida Statute 720 contains the Statute of Frauds mandating real estate contracts be written to be binding and legally enforceable.
- Case laws can also be significant. In Sepe v. City of Safety Harbor, Florida courts emphasized the need to abide by the plain meaning of contracts.
- Lennar Homes Inc v Gabb Constr Co asserted specific performance - forcing one party to fulfill their contractual obligation - was available as a remedy should any breaches occur.
Staying current on all applicable laws and precedents allows us to provide our clients with advice they can rely on.
Common Disputes Arising From Real Estate Contracts
Contracts written well can still lead to disputes when either party does not abide by them or unexpected circumstances arise, and our firm frequently handles real estate litigation on this front. We specialize in handling such litigation in regard to:
Misrepresentation or Nondisclosure
Sellers or landlords can fail to disclose essential issues. This can lead to significant financial losses for other parties and legal action being taken against them.
Breach of Contract
A breach occurs when one party refuses to complete a transaction or payment plan as agreed. If one party also fails to complete agreed-upon terms and conditions as specified in their contracts is considered a breach.
Contingency Disputes
Contracts frequently contain contingencies that serve to protect buyers. When one party believes a contingency has not been fulfilled according to agreement or otherwise, disputes over contract termination or deposits may ensue.
Title Issues
Even after closing a sale has taken place, disputes may become apparent. Should title problems appear post-closing, buyers may be eligible for legal remedies available to them.
Boundary or Survey Conflicts
Disputes tend to occur over ambiguous boundaries or encroachments, so legal interpretation is needed in these situations.
We provide guidance to clients on the best course of action to take when there is a dispute. We focus on value in each case that we accept, advising clients on all possibilities while protecting their financial and legal interests.
Bonardi & Uzdavinis Strategies for Avoiding Real Estate Contract Disputes
We at Bonardi & Uzdavinis believe that proactive legal advice is the best way for you to avoid unnecessary litigation. We recommend the following steps to minimize risk in any real estate transaction:
A Clear and Thorough Contract Drafter
Ambiguity is a breeding ground for conflict. A well-drafted agreement should clearly define the agreed terms of each party. Our agreements are tailored to each deal. We avoid generic language that could lead to confusion.
Comprehensive Due Diligence
Thoroughly investigate the property before signing, including its title. Our firm assists clients in conducting a thorough due diligence review to ensure they proceed with confidence.
Legal Review Before Signing
A lot of real estate disputes would have been avoided if an attorney reviewed the contract before signing. We help our clients to understand the fine print and avoid traps.
Contingency Planning
Contingency clauses are included in well-structured contracts to deal with worst-case scenarios. They may include contingencies for financing, inspection, or appraisal. This gives clients an escape route if certain conditions aren’t met.
Alternative Dispute Resolution (ADR)
Mediation or arbitration is a better alternative to courtroom litigation when disputes arise. It can be done faster and at a lower cost. ADR clauses are often included in our contracts as a way to protect our clients and streamline the process.
Work with a Tampa Real Estate Contract Attorney Who Understands Your Objectives
Bonardi & Uzdavinis can protect your real estate investment and help you achieve your goals. Our attorneys provide responsive and results-oriented representation. We provide services to clients in Tampa and surrounding areas. Our firm can help you navigate through your real estate contract using knowledge of Florida Real Estate Law for your benefit. Call Bonardi & Uzdavinis at 813-540-2019 to set up a consultation.
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