Real estate disputes can happen to anyone—homebuyers, sellers, landlords, tenants, investors, and even neighbors. Whether it’s about a property boundary, a contract gone wrong, or a disagreement over a lease, emotions can run high when property is involved. In Florida, understanding how real estate dispute resolution works is key to protecting your rights and reaching a fair outcome.
This article breaks down the basics of Florida real estate dispute resolution: what it means, how it works, and what options are available if you find yourself in a conflict over property.
Common Types of Real Estate Disputes
Florida’s real estate market is active and competitive. With that comes a variety of potential disputes, including:
- Breach of purchase or sale contract
- Failure to disclose property defects
- Boundary line disagreements
- Title or deed issues
- Landlord-tenant conflicts
- Construction or development delays
- Easement or access disputes
Some of these issues are simple misunderstandings. Others involve serious legal claims that may require formal resolution. In either case, knowing your options matters.
What Is Dispute Resolution?
Dispute resolution refers to the different ways a disagreement can be resolved—either through informal negotiation or formal legal processes. In Florida, these methods often fall into three main categories:
1. Negotiation
This is the most informal and flexible method. The involved parties communicate directly (or through their representatives) to reach a solution without involving a third party. It’s often the fastest and least expensive option, but it depends on a willingness to cooperate.
2. Mediation
Mediation involves a neutral third party—the mediator—who helps both sides talk through the issue and work toward a voluntary agreement. It’s not binding unless both parties agree to the outcome in writing.
Florida courts often encourage or require mediation before a case can move forward. It’s private, collaborative, and less adversarial than going to court. Mediation can be especially helpful when both sides want to preserve a working relationship, like in landlord-tenant situations or shared property arrangements.
3. Litigation
When negotiation and mediation fail—or aren’t appropriate—the final step is litigation. This involves filing a lawsuit and having a judge (and possibly a jury) decide the outcome. Litigation can be complex, expensive, and time-consuming, but it may be necessary in serious disputes, especially when legal rights need to be enforced.
Florida-Specific Considerations
Florida law includes specific rules and requirements that apply to real estate disputes. For example:
- Disclosure requirements: Sellers in Florida must disclose known material defects. Failing to do so can lead to legal claims.
- Homestead laws: Florida’s strong homestead protections can affect how property disputes are handled, especially in foreclosure or inheritance cases.
- Mandatory mediation: In some counties or in homeowner association (HOA) disputes, mediation is required before a lawsuit can proceed.
It’s important to understand the local laws and procedures in your county or city, as they can impact how your case is resolved.
Why Dispute Resolution Matters
Real estate is a major investment, and disputes can quickly become expensive and stressful. Having a clear path for resolution helps avoid unnecessary conflict, protects your property rights, and can even preserve relationships with neighbors, tenants, or business partners.
Whether you’re currently facing a real estate dispute or simply want to be prepared, understanding Florida’s approach to resolving these issues gives you an advantage. Knowing when to negotiate, when to mediate, and when to litigate can make all the difference.
This post was written by a professional at Bonardi & Uzdavinis, LLP. Bonardi & Uzdavinis, LLP is a boutique, full service law firm providing its clients with a wide range of representation. Our primary areas of practice include real estate attorney sarasota fl, probate, personal injury, construction, and commercial litigation. If you are looking for a real estate attorney or personal injury attorney in Tampa Bay contact us today for a case evaluation today!
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