Learn how long you must file a real estate lawsuit in Florida and how an experienced real estate litigation lawyer can protect your rights and property.
When a real estate deal falls apart in Florida, it can feel personal. You might be dealing with a home you were ready to buy, an investment property you poured money into, or a tenant who suddenly stopped paying rent. Real estate disputes don’t just involve contracts; they involve people, emotions, and serious financial stakes.
Real estate disputes often start when people can’t agree on a solution. When talks or mediation fail, the next step is real estate litigation. This means approaching the court to step in and protect your rights. It could involve an unfulfilled contract, a title issue, or a property line problem.
This guide explains:
- The most common types of real estate disputes in Florida
- The remedies courts use to resolve them
- Why timing and early legal strategy can make or break your case
If you’re in the middle of a deal gone wrong, don’t wait until it turns into a lawsuit. The sooner you understand your options and speak to our Florida real estate attorney, the stronger your position becomes.
What Are the Most Common Real Estate Disputes in Florida?
Florida’s booming property market brings opportunity and conflict, both at the same time. From Miami to Tampa to Jacksonville, our real estate attorneys see the same disputes play out again and again.
Buyer–Seller Contract Disputes
This is one of the top sources of real estate litigation in Florida. The trouble often starts when a contract doesn’t end up as it was planned.
Common issues include:
- Financing or appraisal problems: The buyer can’t secure a loan, or the property appraises below the agreed price.
- Inspection or repair disputes: One side refuses to fix or accept certain issues found during inspection.
- Earnest money fights: The buyer wants the deposit back, while the seller claims it as damages.
- Failure to close: One party walks away without legal justification, leaving the other side scrambling.
A single missed deadline or poorly worded addendum can shift the entire outcome of the case. Florida courts take contract terms literally, especially if it’s in writing, it governs.
Title and Lien Problems
Few things are more frustrating than discovering a cloud on your title after you’ve invested time and money into a property. Litigation often arises when:
- An old mortgage or judgment lien resurfaces.
- A previous owner’s error creates conflicting claims to ownership.
- A title insurer denies coverage for a known or hidden defect.
In these cases, owners or buyers may file a quiet title action to clear ownership records or sue a title insurance company for denying a valid claim. Until the title is clean, no sale or refinance can move forward.
Boundary and Easement Disputes
Sometimes, the problem isn’t in the paperwork. Neighbors often end up in court over:
- Fences or driveways built on the wrong side of the property line.
- Disputes over shared driveways or access easements.
- Encroachments that interfere with use or value.
Florida courts can order surveys, issue injunctions to stop construction, or require the removal of encroachments. These cases can escalate quickly, so early documentation and survey evidence are crucial.
Commercial Lease and HOA/Condo Conflicts
In the business world, landlords and tenants clash over repairs, maintenance costs, or eviction claims. Many Florida commercial leases include mandatory mediation or arbitration clauses before litigation can begin.
HOA and condominium disputes are also common, involving:
- Unpaid assessments or improper fines
- Selective rule enforcement by boards
- Maintenance and repair disagreements
Because Florida law often allows the “winner” to recover attorney’s fees in these cases, the financial risk of litigation can be much higher than most people expect.
What Remedies Are Available in Florida Real Estate Litigation?
When a property dispute reaches the courtroom, the question becomes: what are you asking the court to do about it? In Florida, most cases come down to two main remedies—money damages or specific performance.
Damages: When Money Can Fix the Problem
The most common outcome is a financial award. If someone breached a real estate contract or caused you financial harm, you can seek compensation for your losses.
Typical examples include:
- The difference between the contract price and the property’s market value.
- Expenses you incurred trying to complete the deal (inspections, legal fees, appraisals).
- Any additional losses directly tied to the other party’s breach.
If your contract allows for real estate attorney’s fees, you may recover those as well. Still, money isn’t always enough, especially when the property is unique. That’s where equitable relief comes in.
Specific Performance: Forcing the Deal to Go Through
Specific performance is a powerful but limited remedy. It asks the court to require the other party to do what they promised, usually, to close the deal. Florida courts favor this remedy in real estate because every parcel of land is considered unique.
You might qualify for specific performance if:
- Your contract is clear and enforceable.
- You were ready, willing, and able to perform your part of the deal.
- Money damages wouldn’t make you whole.
However, judges have discretion. They can deny specific performance if enforcing the contract would be unfair or impossible. Timing also matters: under Florida law, you generally have one year to bring a claim for specific performance. Waiting too long can eliminate the option entirely.
The best approach is often to request both remedies. Ask for specific performance, but include damages as a backup. That keeps your claim alive even if the judge declines to force the deal.
How Long Do You Have to File a Real Estate Lawsuit in Florida?
Timing matters in Florida real estate. Your right to sue doesn’t last forever. The deadline is called the statute of limitations. Miss it, and the court can refuse your case, even if your facts are strong.
Florida’s time limits for common real estate disputes are:
- Breach of a written real estate contract: five years from the breach
- Breach of an oral agreement: four years
- Fraud or misrepresentation in a property deal: four years from when you discovered the fraud
- Specific performance of a real estate contract: one year from when performance was due
- Quiet title or other ownership actions: generally four years, depending on the claim
These timelines appear in Chapter 95 of the Florida Statutes, and courts enforce them strictly. A single day late can end the case. Limited exceptions exist, but they’re rare.
Waiting is risky. If you suspect a breach, a title defect, or any issue that threatens your property, speak with a Florida real estate litigation attorney as soon as you can. Early advice preserves rights and gives your lawyer time to collect the records that prove your claim.
What Should You Do When a Real Estate Dispute Starts?
Tension rises fast when a deal wobbles. Keep your footing with a few practical steps.
- Save your records.
Keep contracts, addenda, emails, texts, inspection reports, and closing documents. One message confirming a deadline or repair can be decisive. - Read the contract again.
Florida forms use strict notice and performance rules. Miss a date or send notice the wrong way, and you may lose leverage. Get an attorney to check the fine print early. - Pause big moves.
Do not cancel a deal, change locks, or stop payments without legal advice. Those actions can backfire and become evidence against you. - Track your losses.
Keep invoices, statements, and receipts for inspections, repairs, deposits, and rent. Clear proof of loss strengthens any damages claim. - Talk to a lawyer early.
A short consult can clarify rights and options. Many cases settle once both sides see the legal risk.
Taking these steps now can prevent a small problem from turning into an expensive lawsuit and put you in a stronger position if litigation becomes necessary.
What Happens During a Florida Real Estate Lawsuit?
Knowing the path lowers the stress.
- Filing the complaint.
Your attorney files a document that explains what happened and what you want the court to do. That might be damages, specific performance, or another equitable remedy. - The response.
The other side answers. They may deny your claims or file counterclaims of their own. - Discovery.
Both sides exchange documents and take depositions. Surveys, title records, emails, and inspection reports often decide these cases. Many matters are settled here once the facts are on the table. - Mediation.
Florida courts usually require mediation before trial. A neutral mediator helps the parties search for a practical resolution. - Trial if needed.
If there’s no settlement, a judge or jury decides what happened and what remedy applies. Trials can take months, but they deliver a binding result.
Most Florida real estate disputes settle before trial. Solid preparation in discovery and a realistic view of risk often lead to practical solutions.
How Can a Florida Real Estate Lawyer Protect Your Property and Future?
A property dispute can take over your days and keep you up at night. The goal is simple. Protect your rights, calm the situation, and reach a result that makes business sense.
We start by studying the contract, the title history, and your communications to find the pressure points. Then we map a plan that fits your facts. Sometimes that means a firm demand and mediation. Sometimes it means filing suit for specific performance or damages. Every property is different, so the strategy has to fit you, not a template.
If your property rights are at risk, do not wait.
Contact our Florida real estate litigation team today to schedule a consultation. We will help you understand your options, protect your investment, and move forward with confidence.
