Open Permits (also referred to as Unclosed permits) are a continuing source of aggravation for Vendors (Sellers) and Purchasers in both the residential and commercial real estate market. This occurs when a contractor has done work but failed to call for the County or municipality final inspection and therefore, failed to close the permit. This is often discovered at the time of sale. Often, the Seller has no idea that the permit is still open. The Seller may have paid the contractor in good faith, believing the work to be fully completed. The contractor may now be long gone. The Buyer doesn't want to deal with an unclosed permit and the expense of satisfying the County. Tempers flare, deals blow up.
Yes, the November 2016 ruling in Bartram versus U.S. Bank N.A. will have far reaching consequences. Of course, every ruling from every state's highest tribunal is always noteworthy and weighty, with Florida hardly being excepted.
A common real estate dispute concerns POSSESSION of the property. There are several real estate litigation remedies for recovering physical possession of real property from someone who is on your land or in your house, storefront or warehouse unlawfully, or improperly using it.
I'm amazed how long people put up with difficult, stubborn co-owners (siblings, ex-lovers) who won't cooperate, often act out of spite, and refuse to pay their share of the mortgage, utility bills and other expenses. Florida law on Partition and Contribution provides a tool to force a market sale of real estate AND compel the disruptive ex-lover/ sibling/ former business partner to pay their share of expenses, including retroactively. This is called Partition and Contribution. The beautiful part is you can sometimes also force them to pay part of your attorney fees and court costs!
Entering into any agreement, verbal or written, with regard to real estate should not be taken lightly. Written contracts set strict rules and expectations for a relationship and essentially dictate how two parties will work together. In many cases, these contracts are between you and a stranger --which gives you a level of objectivity.
Real Estate Disputes and Litigation -- CAN I FORCE A SELLER TO DEED THE PROPERTY TO ME, IF SELLER HAS CHANGED HIS MIND? Yes, many times you can if you have a written contract. This is called a suit for "Specific Performance."
UPDATED October 2015. Buying a lot, home or condo from a developer? It might be a dream house. If, however, you are counting on being able to cancel that purchase agreement if you can not get financing, you better read the fine print. Sometimes these financing contingency clauses do NOT let you cancel the contract after being turned down for a loan. You applied for a loan with the institutional lender of your choice, with terms you could afford and were denied.
Foreclosure Defense issue: Imagine a scenario in which a mortgage lender indicates that it is planning to bring a foreclosure action after you allegedly defaulted on your mortgage payments for a five-month period.