Lloyd Schwed offers legal services related to real estate litigation in Florida. Common issues involve builders failing to complete construction on time or buyers seeking refunds of deposits on preconstruction homes that were not completed. Through thorough review of contracts and documents, many buyers have successfully recovered deposits despite conflicts between contract language and statutes. For any major real estate transaction, the author recommends undertaking a comprehensive document review with an experienced law firm to protect rights from the start.

1. Florida Real Estate Litigation Issues
By Lloyd Schwed

2. As an established Florida attorney, I offer a full range of services involving
business, commercial, and real estate law. Florida property litigation often
involves individuals and businesses that have lost investment assets, pursuing
recompense for negligence in contract performance, fraud, or
misrepresentation.

3. One common real estate issue involves failure of builders or contractors to
perform on a timely schedule. While developers often claim the reasons for
delays are “acts of God” beyond their control, close examination may indicate
negligence, error, material shortage, subcontractor dispute, labor deficiency, or
outright fraud as the proximate cause. Fully reviewing facts surrounding a
construction project may result in an actionable case against a real estate
developer.

4. Another area of real estate litigation involves recovery of deposits against
builders. Prior to the 2007 economic downturn, Florida new home purchasers
often entered into preconstruction home contracts. These transactions were
often planned as real estate investments. Builders required substantial deposits
or down payments to secure these homes before construction. Many investors
bought in at the market peak, at rates far exceeding current values. For reasons
of bankruptcy or financial stress they were unable to close on the purchases. In
such cases, there is often legal recourse. In particular, the language employed
in contracts may conflict with state and federal statutes. After thorough
document review and analysis, many preconstruction home buyers have
successfully achieved refunds of their deposits, including interest.

5. The benefits of thorough document review extend to any prospective real
estate transaction. I recommend any party involved in selling, purchasing, or
refinancing a commercial or investment property undertake a comprehensive
document review with an established law firm. Doing this from the outset will
protect one’s rights later on. Naturally, the purchasing party does not always
bear fault in real estate disputes. At Schwed McGinley and Kahle, LLC, we
also provide experienced real estate agent and broker defense.

6. About the Author: A graduate of the Washington University
School of Law, Lloyd Schwed has practiced in South Florida
since 1985