Real estate contracts are complex. Each provision can have a huge effect on future issues and a failure to properly review and negotiate provisions during a sale can result in unforeseen consequences. The property owner who finds themselves with a defective piece of real estate may experience the full impact of these provisions after the purchase is complete.
A small city near Tampa has cracked down on property owners who violate laws and regulations designed to “protect the integrity of neighborhoods and quality of the community.” The laws can regulate everything from how long a property owner’s grass can grow to when and what type of vehicle can be parked in the driveway or on the neighborhood street.
The real estate dispute involves an international telecommunications company and a local company with beach property. The local company states the telecommunications company is illegally using its beach property by placing underwater cables across its beaches. Lower courts agreed with the local company and granted it a writ of possession. This is a legal term that essentially means the telecommunications company must return possession of the land to the local business.
Purchasing or selling a piece of real estate is often an individual or family's largest financial transaction. Since so much is on the line, frustration can run high for both parties if the transaction does not move forward. Whether a new job, financial problems, health issues or a change of heart are to blame for either the seller or buyer attempting to back out of the deal, both parties can benefit from a basic understanding of remedies for each party when one attempts to cancel the contract.
It began with a cemetery. A local government told the owner of a 90-acre parcel of land that included a small cemetery that regulations required she open the cemetery to the public during daytime hours. The woman fought back. She argued against having her private property opened up for the general public to view the remains of her neighbor’s ancestors.