Navigating Florida’s real estate market requires a strong legal foundation to protect your investment. At The Gaines Firm, our experienced real estate lawyer is here to guide buyers, sellers, and investors through every step of the process. Whether you’re facing a transaction or a dispute, we’re ready to assist. Call (561) 366-2713 today for a free consultation and personalized legal support.
Common Legal Issues That Can Disrupt a Real Estate Transaction in Florida
Buying or selling real estate in Florida is a significant financial step. While many transactions move forward without major problems, others get delayed—or even fall apart—due to legal missteps. Whether you are a buyer, seller, or investor, understanding how the process works and what to watch for can help you avoid unnecessary complications.
Understanding the legal framework in Florida Real Estate
Real estate deals in Florida must comply with state and local laws. The contract, title transfer, property disclosures, inspections, financing, and closing paperwork must all be handled correctly. Unlike some states where attorneys are required at closing, Florida allows title companies to manage the process—but that doesn’t mean a lawyer isn’t valuable. In fact, legal oversight can catch issues that others might miss.
Mistakes in contracts, title defects, zoning problems, and disclosure failures can all create major setbacks. If you are not working with someone who understands the legal side of real estate, those issues might only surface when it’s too late to fix them easily.
Unclear or incomplete purchase agreements
A real estate transaction begins with a purchase and sale agreement. This contract outlines the terms of the deal, including the price, contingencies, timelines, and responsibilities of both parties. If the agreement is vague, poorly written, or missing key details, you risk legal confusion down the road.
One common problem is failing to include specific timelines for inspections, financing, or repairs. Another is not being clear about what is included in the sale. Misunderstandings over appliances, fixtures, or furniture can cause friction or delay closing. If either party fails to meet their obligations under the contract, the deal may fall apart—or result in a lawsuit.
Having an attorney review or draft the agreement can help prevent these issues by ensuring the language is clear, enforceable, and tailored to the specific deal.
Title defects and ownership problems
Before a property can legally transfer to a new owner, the title must be clear. That means the seller has the legal right to sell the property, and there are no hidden claims or liens. Title issues are surprisingly common in Florida. These might include unpaid taxes, boundary disputes, unknown heirs, or mistakes in prior deeds.
Title insurance is usually required by lenders and protects against many of these problems, but it doesn’t solve them—it just covers the financial risk. If a title search reveals an issue, it must be resolved before the transaction can move forward. This could involve quieting a title, paying off liens, or correcting legal documents.
Working with a real estate attorney can help you address title problems quickly and ensure you understand what risks are involved before closing.
Inadequate property disclosures
Florida law requires sellers to disclose any known material defects that affect the value of the property. This can include structural problems, mold, roof damage, pest infestations, or issues with plumbing or electrical systems. Failing to disclose a known issue can expose the seller to legal action, even after the deal closes.
Buyers should not assume that silence means everything is in perfect condition. Conducting inspections is critical, but so is having a lawyer who can review disclosures and make sure the seller has complied with their legal duties.
For sellers, it’s important to be honest and thorough. Trying to hide a problem often leads to bigger consequences than addressing it upfront.
Zoning and land use restrictions
Another issue that can derail a transaction is failing to confirm how the property can legally be used. Zoning laws vary widely between cities and counties in Florida. If a buyer intends to use the property in a way that is not allowed—such as running a business from a home or building a second structure—it can lead to disappointment and expense.
Always verify zoning and land use rules before completing a deal. This includes understanding any homeowners’ association (HOA) regulations that may apply. Your real estate attorney can help you obtain and interpret this information, so you know what you are buying.
Financing problems and missed deadlines
Many real estate contracts in Florida are contingent on financing. This means the buyer agrees to purchase the property only if they can secure a loan. If the buyer fails to obtain financing within the timeframe stated in the contract, they could lose their deposit or face other penalties.
Buyers should communicate clearly with their lender and stay on top of required documentation. Missing a deadline—even by a day—can cause legal problems. Sellers also need to be aware of these deadlines and their rights if a buyer fails to meet financing conditions.
Including clear financing contingencies in the contract and tracking timelines closely is essential. Legal support can help enforce deadlines and resolve disputes if delays occur.
Survey and boundary disputes
Before closing on a property, it’s important to conduct a land survey. This confirms the boundaries of the property and helps identify potential issues such as encroachments, shared driveways, or fence lines that cross property limits.
Disputes over property lines can become expensive and time-consuming if not addressed before the sale. A survey gives all parties confidence in what is being bought and sold. In some cases, a title company may waive the need for a new survey, but buyers should consider getting one anyway.
Your attorney can help review the survey results and flag any concerns before they lead to conflict.
Why Having Legal Guidance Makes a Difference
While real estate agents and title companies play a role in transactions, they are not there to provide legal advice. When something goes wrong, it’s often too late to undo the damage without going to court. Working with a real estate lawyer throughout the process can help you avoid common mistakes and protect your interests.
A lawyer can draft or review contracts, identify risks, resolve disputes, and make sure all legal requirements are met. Whether you are buying your first home or handling a complex commercial deal, legal oversight adds a level of protection that gives you peace of mind.
Real estate transactions in Florida involve more than just signing papers and transferring money. Legal problems can arise at any stage, from contract negotiation to title transfer. Knowing what to watch out for—and working with the right professionals—can help you complete your deal smoothly and avoid costly setbacks.
Your Trusted Real Estate Attorney in Florida
Whether you’re buying, selling, or navigating a legal dispute, The Gaines Firm is here to serve as your trusted real estate attorney in Florida. We provide knowledgeable, responsive legal support to protect your property and your peace of mind. Call (561) 366-2713 today for a free consultation and get the guidance you need for your next real estate step.