Florida Litigation Attorney | Silver, Garvett & Henkel

Real Estate Litigation

The purchase, ownership, development, and use of real estate often leads to disputes which may have to be resolved through litigation or some manner of Alternative Dispute Resolution (“ADR”), such as arbitration. Silver, Garvett & Henkel provides legal representation in litigation and ADR proceedings in all manner of disputes related to both commercial and residential property. Whether as a result of complex title issues, partnership disputes, easement or boundary claims, broker listing agreements, loan agreements, mortgages, leases, insurance, zoning, or other real estate transactions, the firm’s real estate litigation attorneys offer not only wide-ranging experience as attorneys but also real world experience in the industry as developers and investors in a variety of commercial real estate projects. Scott Silver heads the firm’s real estate litigation practice and is available for consultation as to all such disputes.

Specific types of cases handled by the firm include the following:

• Brokerage Fee Claims — representation of real estate brokers in litigation to recover fees owed to them either as a party to a written listing agreement or because of their efforts as the procuring cause of a transaction; and defense of property owners and buyers as to wrongful commission claims.

• Commercial Lease Disputes between Landlords and Tenants — representation of both tenants and landlords in litigation arising from commercial leases including claims for breach of contract, commercial evictions, and, in the case of foreclosures, workout strategies to preserve the value of the property and the client’s investment in the project.

• Breach of Contract and Specific Performance Claims arising from Purchase and Sale Agreements — representation of both purchasers and sellers in litigation arising from real estate sales contracts including claims for specific performance of the agreements, breach of contract, and title insurance disputes.

• Mortgage Foreclosures — representation of both mortgagees and mortgagors in foreclosure proceedings.

• Claims for Return of Security and Purchase Deposits — whether a developer has failed to keep its contractual promises or a transaction has become economically infeasible, the firm provides legal representation of buyers and investors who seek to rescind agreements for the purchase of real estate, including condominiums and investment properties, and to secure the return of security and other deposits.

• Construction and Mechanic’s Lien Disputes — legal representation as to claims of defective construction; to collect payment owed to builders, contractors, and materialmen; enforcing construction agreements through specific performance; and recovery of monetary damages, including lost profits, from buyers or sellers who fail to timely perform their contractual obligations; and the re-negotiation of financing and seeking alternative credit arrangements.

• Co-Owner Disputes — representation of limited and general partners and other types of co-owners and investors in commercial real estate projects on many types of disputes including: issues of internal corporate governance, capital calls, allegations of minority owner oppression and breach of fiduciary claims by managers, partition of property, and other solutions and strategies to terminate a project through an orderly business divorce.

• Enforcing the Rights of Property Owners — enforcement of the rights of owners of residential and commercial real property as to boundary disputes, claims to quiet title, and slander of title.

• Property Insurance Coverage — representation of insureds, adjusters, and insurance companies involving coverage disputes under policies of property insurance.

• Victims of Fraudulent Real Estate Practices — representation of parties to real estate transactions and owners of property who are the victims of fraudulent practices, including fraudulent transfer of property.

• Loan Workouts — representation of lenders and borrowers in disputes arising from loan commitments and mortgage financing, including lender liability issues and solutions to preserve asset values and resolve foreclosure claims.