Most South Florida residents simply want to enjoy the peaceable and quiet use of their home and land. They may feel they are entitled to that much. But, as much as most people are like-minded in this respect, the fact is that certain elements of property law will inevitably lead to real estate disputes. The presence of easements on a property owner's real estate has just that sort of potential.
Many of our South Florida readers may believe that real estate disputes can only occur between two parties to a deal: the buyer and the seller. However, it is not unheard of for buyers to have a real estate dispute with a mortgage lender after the transaction for the property has been completed.
Some of our South Florida readers may believe that pouring over contracts in search of unfavorable terms is something that only takes place between businesses in corporate boardrooms. Sometimes, that is correct, but the reality is that even those individuals and families who are engaging in a residential real estate sale need to be aware of what a real estate contract says and how those terms could come into play in a real estate dispute.
Every year seems to bring about a new dynamic in the real estate market, particularly in South Florida. Inventory will rise or fall, as listing and purchasing prices and a wide range of other factors that can play a role in the overall health of any given real estate market. Real estate disputes can also pop up, whether they are between buyers and sellers, landlords and tenants, or property owners and zoning officials. So, what were some of the most common real estate problems that were addressed in 2015?
Not all real estate disputes originate from a purchase agreement gone bad. In fact, probably the most common disputes arise due to disagreements over a rental agreement, commonly referred to in real estate law as a "lease."
Many real estate transactions in South Florida go smoothly, with the buyer and seller working together to push the deal toward a successful closing. People who find themselves a party to this type of transaction can consider themselves lucky, because not all real estate transactions go from start to finish without a dispute popping up.
Many people enjoy the process of scouring South Florida to find the perfect home for their families. It can be exciting to see the different floorplans and amenities that the wide variety of homes that are for sale on the local market can offer. However, there are others who take a different approach when they are in the market for a new home: they have it built according to their own designs.
Hopefully our South Florida readers get along quite well with their neighbors, and the prospect of a property dispute is nonexistent. Unfortunately, however, there are many property owners who are not so lucky, and they become involved in a real estate dispute when a neighbor does something on their land that causes an encroachment on a neighboring piece of property.
Anyone who has even been a party to a contract probably knows how important it is to make sure that the actual words in the contract comport with the agreement that was made. This is true in all different types of contracts, but the importance can be even higher in a contract involving real estate. Whether it is a lease or a purchasing agreement, a contract that involves unfavorable terms can lead to a real estate dispute down the road.
In Parts I and II of this multi-part series, we took a look at a number of issues that can lead to a real estate dispute between a buyer and a seller. Here in Part III, we will wrap up this series by examining a few other common causes of residential real estate disputes.