Buying or selling a home in Florida can feel routine—until it isn’t. Even with standard contracts and licensed agents involved, residential real estate transactions can lead to litigation when something goes wrong. And when they do, the disputes are rarely about obscure legal theories—they’re about real money, serious repairs, and deals that didn’t go as expected.
Here are some of the most common issues that give rise to residential real estate litigation in Florida:
1. Failure to Disclose Known Defects
Florida law requires sellers to disclose known facts that materially affect the value of the property and are not readily observable. This obligation—established by Johnson v. Davis, 480 So. 2d 625 (Fla. 1985)—applies regardless of whether the property is sold “as-is.”
Typical problem areas include:
• Roof leaks
• Mold and moisture intrusion
• Termite damage
• Foundation cracks
• Previous flooding or water damage
Disputes often hinge on whether the seller knew of the issue and whether the buyer could have discovered it through inspection.
2. Misrepresentations by Agents or Brokers
Realtors play a central role in Florida home sales, and their statements—whether in MLS listings, showings, or verbal communications—can form the basis of litigation. If an agent downplays or conceals a material issue, or misstates square footage, zoning, or renovation history, the brokerage may face liability for misrepresentation or negligence.
3. Contract Disputes Over Financing or Deadlines
Florida’s residential contracts include detailed timelines for financing, inspections, and closing. Litigation can arise when:
• A buyer backs out after the loan commitment date
• A seller fails to meet agreed-upon repair obligations
• A party misses a critical deadline, leading to default
Even small delays can trigger large consequences if the contract terms are strict or the parties are not communicating.
4. Disputes Over Post-Closing Conditions
Buyers may discover after closing that appliances don’t work, certain items were removed from the property, or the home wasn’t left in the condition promised. If the contract contains clear language about what conveys with the home or how it must be delivered, these issues can support breach-of-contract claims.
5. Title and Boundary Issues
Boundary encroachments, easement disputes, or clouds on title sometimes go undetected until a post-closing survey or construction project begins. While title insurance can help, buyers may still sue sellers for failure to provide marketable title or for quiet title relief if the problem predates the closing.
Final Thoughts
Residential real estate disputes in Florida usually stem from a breakdown in trust, disclosure, or documentation. If you’re involved in a transaction where things went wrong—or you’re seeing signs that a deal could unravel—consulting counsel early can help preserve your rights and minimize the risk of protracted litigation.
Our firm regularly handles residential real estate disputes across Florida, and we’re here to help you resolve issues efficiently and protect your interests.
