Real Estate Attorney Tampa Florida
Real Estate Lawyer Tampa Florida
At Kassel Law Group, our real estate lawyers have handled all aspects of real estate transactions and litigation throughout Tampa Bay. We litigate real estate contract disputes, title disputes, commercial landlord/tenant issues, and many other real estate litigation matters. Our services also include the closing of residential and commercial sales and refinances.
Our Practice Areas in Real Estate Law include:
COLLECTIONS & FORECLOSURE ATTORNEYS
At Kassel Law Group, our lawyers provide legal representation to creditors in post-judgment debt collection and defend consumers and businesses against the garnishment or attachment of assets. We have extensive experience representing plaintiffs and defendants in collection and foreclosure matters, which allows us to anticipate our opponent’s strategy and develop effective tactics to meet our clients’ objectives. In the area of foreclosure and debt collection, we represent clients in matters related to:
• Mortgage foreclosure actions
• Homeowners association disputes
• Condominium association disputes
• Garnishment and attachment
If you are a homeowner or business owner and have been served with a summons and foreclosure complaint, it is important that you consult with a real estate attorney as soon as possible. Once served, you have 20 days to respond. If you fail to respond, the bank or homeowners association may obtain a default judgment against you and take your property. Do not waive your defenses by failing to act. There may be settlement options available to you, including but not limited to:
• Obtaining a release and satisfaction of the debt
• A waiver of a deficiency judgment
• Short sale
Kassel Law Group represents commercial landlords and tenants in the drafting, review, and negotiation of commercial leases, including retail, office, industrial, and leisure facilities in various Florida counties. In addition to providing transactional leasing services, we represent landlords and tenants in eviction matters and other lease agreement disputes, including the collection of debt. We represent large and small companies alike and understand the importance of structuring individual solutions for each business.
Like residential tenancies, termination of a commercial tenancy may be appropriate for certain monetary and non-monetary defaults. Florida courts are generally more likely to uphold a landlord’s termination of a commercial tenancy based on monetary default rather than non-monetary default.
Examples of monetary defaults may include, but are not limited to:
• A tenant’s failure to pay rent timely
• A tenant’s failure to pay taxes, maintenance costs, or repair costs
If a commercial landlord seeks to terminate a tenancy based on a tenant’s non-monetary default, the breach must constitute a material failure of a significant lease obligation. For example, Florida courts have upheld lease terminations when tenants fail to maintain required liability insurance.
INJUNCTIONS
A commercial tenant leasing a large space shared by many other tenants, such as in a shopping mall, may have a lease agreement that includes a covenant not to compete. This restrictive covenant prevents the landlord from leasing neighboring space to a direct competitor. If a commercial landlord violates this agreement, the appropriate remedy for the tenant may be an injunction—a court order preventing the landlord from breaching the restrictive covenant. Violations of such agreements can lead to significant financial losses and impact the tenant’s ability to operate under the lease.
REAL ESTATE LITIGATION ATTORNEY
Real estate litigation encompasses a variety of legal disputes and requires attorneys with business law experience and in-depth real estate knowledge. Kassel Law Group meets this standard. In addition to strong litigation and trial skills, our attorneys have experience in real estate transactions, title disputes for national underwriters, and complex real estate development deals. We provide investors, developers, and landowners with strategic solutions for resolving real estate disputes.
Some of the real estate cases we handle include:
• Boundary line disputes
• Title insurance and escrow disputes
• Reforming defects in deeds and mortgages
• Quiet title actions (e.g., tax deeds, title challenges, curative actions to remove liens and clouds on title)
• Easement disputes
• Disputes involving residential and commercial real estate contracts
• Restrictive covenant litigation
• Constructive trusts
• Real estate and mortgage fraud
• Homeowners and Condominium Owners Association disputes
• Breach of contract litigation
• Title insurance litigation
• Lien priority disputes
• Ejectment actions
• Partition action
FAILURE TO DISCLOSE DEFECTS
A strong real estate market attracts investors and flippers who renovate homes for quick resale. While many adhere to proper building standards, some may cut corners or conceal material defects in the property. When an unsuspecting buyer purchases a property, the seller may attempt to use an “as-is” clause to avoid liability.
If you have purchased a property with undisclosed material defects—such as foundation issues, roof damage, faulty plumbing, electrical problems, or structural concerns—Kassel Law Group may be able to recover damages for the seller’s failure to disclose.
PARTITION ACTIONS
Sometimes, joint property owners cannot agree on what to do with a shared property. In such cases, Florida law provides a legal process called
partition to divide the property. If joint owners wish to go their separate ways but cannot reach an agreement, one owner may file a partition action to request that the court divide or sell the property.
Partition actions are common among:
• Family members who inherit property together
• Business partners who co-own real estate
• Former couples who jointly purchased a property
If you are involved in a real estate dispute and need legal guidance, call our office today at (813) 641-4535.