Florida Real Estate Attorney
Practical legal guidance for Florida real estate contracts, property transactions, deeds, leases, landlord-tenant matters, title concerns, ownership disputes and selected real estate litigation.
Representation is subject to attorney availability, conflict review, jurisdiction, the facts of the matter and a written engagement agreement.
Legal Guidance for Florida Real Estate Matters
Florida real estate matters can involve much more than signing a contract or recording a deed. A purchase, sale, lease, transfer or property dispute may raise questions involving title, ownership, financing, inspection rights, disclosure obligations, contract deadlines, escrow deposits, homestead, probate, business entities, condominium documents or landlord-tenant law.
Caserta & Spiriti, PLLC assists individuals, families, property owners, landlords, tenants, buyers, sellers, investors, associations and businesses with selected Florida real estate matters. Our attorneys review the relevant facts and documents, explain the legal issues in practical language, and discuss options that may be available under the circumstances.
No two transactions or disputes are identical. The appropriate legal approach depends upon the contract, title history, property type, deadlines, communications between the parties and applicable Florida law. Obtaining legal guidance early may help a party identify concerns before rights are waived, deadlines expire or a disagreement becomes more difficult to resolve.
Learn About Florida Real Estate Law
Watch Caserta & Spiriti’s real estate law presentation in English or Spanish. These videos provide general educational information and are not a substitute for legal advice concerning a specific matter.
Florida Real Estate Law — English
An educational overview of how Florida real estate law may affect property owners, buyers, sellers, investors, landlords, tenants and businesses.
Derecho Inmobiliario de Florida — Español
Información general sobre asuntos inmobiliarios para propietarios, compradores, vendedores, inversionistas, arrendadores, inquilinos y empresas en Florida.
Florida Real Estate Legal Services
The firm assists with selected transactional, advisory and disputed real estate matters. Services depend upon the facts, jurisdiction, conflicts and attorney availability.
Residential Real Estate Transactions
Legal guidance for individuals and families buying, selling or transferring Florida residential property.
- Purchase and sale agreements
- Contract review and preparation
- Inspection and financing provisions
- Escrow deposit concerns
- Closing document review
- Post-closing concerns
Commercial Real Estate
Representation in selected transactions involving offices, retail property, warehouses, multifamily property, land and other commercial real estate.
- Commercial purchases and sales
- Due diligence review
- Commercial leases
- Entity and ownership considerations
- Development-related agreements
- Transaction disputes
Real Estate Contracts
Contracts establish important rights, obligations, contingencies and deadlines. Legal review can help identify terms requiring attention.
- Contract drafting and revision
- Purchase agreements
- Lease agreements
- Assignments and addenda
- Breach of contract concerns
- Contract enforcement disputes
Deeds and Property Transfers
A deed can affect ownership, homestead rights, creditor issues, probate, taxes and future transfer rights. The appropriate document depends on the client’s circumstances.
- Quitclaim deeds
- Warranty deeds
- Special warranty deeds
- Enhanced life estate deeds
- Life estate deeds
- Ownership and vesting review
Landlord-Tenant Law
Florida landlord-tenant matters often involve statutory notices, lease terms, payment records, property conditions and strict procedural requirements.
- Residential and commercial leases
- Lease enforcement
- Eviction-related matters
- Security deposit disputes
- Property condition concerns
- Landlord and tenant disputes
Title and Ownership Concerns
Questions about title or ownership may arise before a transaction, during probate, after a deed transfer or when competing claims are made.
- Deed and ownership review
- Title defect concerns
- Ownership claims
- Quiet title matters
- Inherited property concerns
- Recorded document issues
Property Disputes
Property disputes may involve contracts, boundaries, access, ownership, occupancy, inherited property or the use of real estate.
- Boundary disputes
- Easement and access concerns
- Partition actions
- Ownership disagreements
- Specific performance claims
- Neighbor and use disputes
Condominium and HOA Matters
Condominium and homeowners’ association concerns may require review of declarations, bylaws, rules, notices, assessments and Florida law.
- Document interpretation
- Covenant and rule concerns
- Assessment disputes
- Association collections
- Board and owner concerns
- Selected association disputes
Real Estate Litigation
When a matter cannot be resolved through documents, communication or negotiation, litigation may be considered depending on the facts, evidence, available remedies and costs.
- Contract litigation
- Property ownership disputes
- Lease disputes
- Declaratory relief
- Injunctive relief concerns
- Pre-suit negotiation and litigation
When Should You Consult a Florida Real Estate Attorney?
A person may consider consulting a Florida real estate attorney before signing a contract, transferring property, entering a lease, responding to a legal notice or taking action that could affect ownership or possession.
Real estate documents frequently contain deadlines, notice requirements, default provisions, limitations, representations, warranties and remedies. Once a document has been signed or a deadline has passed, available options may be different.
Early legal review does not eliminate every risk or guarantee a particular result. It may, however, help a client understand the documents, recognize unresolved issues, preserve available rights and make a more informed decision.
Consider Seeking Legal Guidance When:
- You are asked to sign a real estate contract or lease.
- A closing, inspection or financing deadline is approaching.
- An escrow deposit is being disputed.
- A seller, buyer, landlord or tenant alleges a default.
- A deed does not reflect the intended ownership.
- Inherited property has multiple owners.
- A title, boundary or easement concern has been identified.
- A condominium or HOA dispute affects your property.
- You receive a demand letter, notice or lawsuit.
- You are considering filing a real estate claim.
What Happens After You Contact the Firm?
The intake and review process depends on the nature and urgency of the matter. Representation does not begin merely by submitting information or speaking with firm personnel.
Initial Information
The firm gathers basic information about the parties, property, documents, deadlines and requested legal assistance.
Conflict and Scope Review
The firm determines whether a conflict exists and whether the matter is within the firm’s available practice scope.
Attorney Evaluation
When appropriate, an attorney reviews the relevant facts and discusses the services that may be available.
Written Engagement
An attorney-client relationship begins only after the firm accepts the matter and a written engagement agreement is completed.
Serving Property Owners and Businesses in Florida
Caserta & Spiriti is located in Miami Lakes, Florida. The firm handles selected matters in Miami-Dade County, Broward County, Palm Beach County and other Florida communities when appropriate.
Whether a matter can be accepted depends on the property location, type of legal issue, court jurisdiction, applicable deadlines, conflicts and attorney availability.
Florida Real Estate Attorney FAQs
The following answers provide general educational information. The application of Florida law depends on the documents, facts and timing of each matter.
What does a Florida real estate attorney do?
A Florida real estate attorney may assist with contracts, purchases, sales, leases, deeds, title concerns, ownership issues, landlord- tenant matters, property disputes, closings and litigation. The services needed depend on the property and legal issue involved.
Do I need an attorney to buy or sell Florida property?
Florida law does not require an attorney to participate in every residential transaction. Nevertheless, a buyer or seller may choose to obtain legal advice before signing documents or making decisions involving significant financial and property rights.
Should an attorney review my real estate contract before I sign?
A contract may contain important deadlines, contingencies, default provisions, disclosure language and remedies. Having the document reviewed before signing may help you understand its terms and identify provisions requiring clarification or negotiation.
Can a Florida real estate contract be canceled?
Cancellation rights depend on the contract, applicable contingencies, disclosures, performance by the parties, timing and Florida law. A party should not assume that a contract may be canceled without reviewing the controlling documents and circumstances.
What happens when a real estate closing is delayed?
The consequences depend on the contract and reason for the delay. Relevant questions may include whether time is of the essence, whether notice was required, whether an extension was requested and whether either party failed to perform a contractual obligation.
What is a quitclaim deed in Florida?
A quitclaim deed generally transfers whatever interest the person signing the deed may have without the same warranties commonly associated with a warranty deed. It does not independently resolve every title, mortgage, tax, homestead or ownership concern.
What is a Florida Lady Bird deed?
A Lady Bird deed, commonly called an enhanced life estate deed, may allow an owner to retain certain rights during life while directing how the property will pass at death. Whether it is appropriate requires consideration of title, homestead, estate planning, tax and family circumstances.
Can a deed be corrected after it has been recorded?
Some deed errors may be addressed through a corrective instrument, a new deed, an affidavit or court proceedings. The appropriate method depends on the type of error, the parties involved, title history and whether third-party rights have arisen.
What is a quiet title action?
A quiet title action is a court proceeding used in certain circumstances to determine or clarify competing claims involving title to real property. Whether such an action is appropriate depends on the title issue and the parties asserting an interest.
What happens when co-owners disagree about Florida property?
Co-owners may consider negotiation, a buyout, sale, written management terms or, in some circumstances, a partition action. Available options depend on how title is held, contributions, agreements between the parties and the property’s circumstances.
Can I sue over an undisclosed property defect?
A potential claim may depend on what the seller or another party knew, what was disclosed, the contract terms, inspections, representations, causation and damages. Prompt document and evidence review may be important.
Can a landlord evict a Florida tenant without following legal procedures?
Florida eviction matters are governed by statutory and procedural requirements. The required notice and court process depend on the reason for seeking possession, the lease and the facts. Parties should avoid self-help measures that are not authorized by law.
How are Florida security deposit disputes handled?
Florida law establishes procedures and deadlines concerning the handling of residential security deposits and notices of claims. The outcome of a dispute depends on compliance with those procedures, the lease, property condition and available documentation.
Can an attorney help with a commercial lease?
Yes. A commercial lease may address rent, operating expenses, maintenance, insurance, permitted use, assignments, improvements, defaults, guarantees and remedies. These terms can create substantial long-term obligations for landlords and tenants.
How much does a Florida real estate attorney cost?
Fees depend on the service requested, complexity, urgency, documents, anticipated time and whether the matter is transactional or disputed. The firm can discuss its proposed scope and fee arrangement after reviewing the matter.
Does contacting the firm create an attorney-client relationship?
No. Submitting a form, sending an email, watching a video or speaking with firm personnel does not by itself create an attorney-client relationship. Representation begins only after the firm accepts the matter and a written engagement agreement is completed.
Contact a Florida Real Estate Attorney
Contact Caserta & Spiriti, PLLC to discuss your documents, deadlines and legal concerns and determine whether the firm is available to assist.
Practice Area Attorneys
Joseph Spiriti
Joseph A. Spiriti Jr. is the Senior Managing Member of Caserta & Spiriti Attorneys at Law. He assists clients throughout Florida, with a focus on Miami-Dade, Broward, and Palm Beach Counties, in real estate, contracts, landlord-tenant matters, deeds, evictions, debt defense, and debt recovery.
View Attorney ProfilesDavid Caserta
David T. Caserta was a founding partner of Caserta & Spiriti and retired from the practice of law and the firm in 2022 after a distinguished career representing clients in general business matters, including contract negotiation, business infrastructure
View Attorney ProfilesMaria Cristina Gonzalez
Maria Cristina Gonzalez is a Florida family law attorney and Of Counsel Attorney with Caserta & Spiriti Attorneys at Law. Her practice focuses on helping clients address legal issues involving divorce, timesharing, parenting plans, child support, paternity, adoption, domestic violence matters, and related family law concerns.
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