Protecting Your Property Rights in Florida Real Estate Transactions
When real estate deals go off course, the consequences can be costly. Disputes involving earnest money deposits, undisclosed property defects, or title issues can delay closings, damage relationships, and put your investment at risk.
At The Law Office of Carlos M. Amor, P.A., we focus exclusively on real estate-related contract disputes—providing tailored legal guidance for buyers, sellers, investors, and developers throughout South Florida.
Attorney Carlos M. Amor is an experienced Florida real estate contract dispute attorney who understands the nuances of property transactions. Whether you’re fighting to recover your deposit, uncovering serious property defects, or facing a failed closing due to title problems, he can help you take swift, strategic action to protect your rights and minimize financial fallout.
Common Real Estate Contract Disputes We Handle
Real estate contracts define the rights and obligations of all parties involved in a property transaction. Even well-drafted agreements can spark disputes if facts change, deadlines are missed, or one party fails to live up to their end of the deal.
Our firm focuses on disputes involving:
- Earnest Money Deposit Disputes
- Undisclosed Property Defects
- Failure to Deliver Marketable Title
By concentrating on these high-impact issues, we deliver focused strategies that address the most common—and financially damaging—problems in Florida real estate transactions.
Earnest Money Deposit Disputes
Earnest money is a good-faith deposit made by the buyer to show commitment to purchasing a property. It’s typically held in escrow until closing and can be worth thousands—or even hundreds of thousands—of dollars.
When a sale falls through, the fate of that deposit often becomes a flashpoint for dispute. Common scenarios include:
- A buyer withdraws from the contract, claiming a financing or inspection contingency wasn’t met.
- A seller retains the deposit, alleging the buyer failed to meet contractual obligations.
- Conflicting interpretations of inspection reports lead to demands for deposit release.
- Missed deadlines cause accusations of default on both sides.
Because the contract language and timeline control these situations, every detail matters. Attorney Carlos M. Amor carefully reviews the agreement, correspondence, and escrow instructions to determine the rightful owner of the funds. He works to resolve disputes through negotiation whenever possible, but is ready to take decisive legal action if needed.
For many clients, recovering or protecting an earnest money deposit is about more than just the money—it’s about ensuring that the other party cannot walk away without accountability.
Undisclosed Property Defects
Florida law requires sellers to disclose any known defects that materially affect the value, safety, or habitability of a property. However, some sellers fail to disclose—or even actively conceal—serious issues to secure a sale.
Typical undisclosed defects include:
- Mold, termite damage, or water intrusion issues
- Structural defects such as foundation cracks or compromised load-bearing walls
- Roof leaks or severe deterioration
- Unpermitted renovations or additions that violate building codes
- Electrical or plumbing systems in unsafe or non-functioning condition
Discovering such problems after signing a contract—or worse, after closing—can lead to costly repairs, diminished property value, and potential health hazards.
Attorney Carlos M. Amor assists buyers in investigating the defect’s history, determining whether the seller knew about it, and pursuing remedies under Florida law. Possible outcomes include rescinding the contract, negotiating repair costs, or recovering damages in court.
We also represent sellers who are wrongly accused of hiding defects, ensuring that the facts—and the timeline—are made clear.
Undisclosed property defect claims can be complex because they often involve expert inspections, construction records, and witness testimony. Having an attorney with real estate litigation experience is critical to proving your case.
Failure to Deliver Marketable Title
A “marketable” title is one that is free from legal defects, liens, or other encumbrances that could prevent a buyer from taking clear ownership. In Florida, delivering marketable title is a standard obligation in most real estate contracts.
Problems arise when:
- Outstanding mortgages, tax liens, or contractor liens are discovered at closing.
- Easements or encroachments are not disclosed during contract negotiations.
- Boundary disputes appear after a new survey is performed.
- Title searches reveal prior ownership issues or improperly recorded deeds.
When a seller cannot provide marketable title by the agreed closing date, the buyer may have grounds to cancel the transaction, demand return of the earnest money deposit, or seek damages for related losses.
Attorney Carlos M. Amor works to identify the nature of the title defect, explore possible cures, and enforce your rights under the contract. In some cases, negotiation with lienholders or corrective legal filings can resolve the issue quickly. In others, litigation may be the only path forward.
Because title issues can affect both residential and commercial properties—and can derail even multimillion-dollar deals—swift action is essential.
How a Real Estate Attorney Can Help
If you’re involved in a dispute over an earnest money deposit, undisclosed property defect, or marketable title issue, timing is everything. The earlier an attorney steps in, the more options you have for a favorable resolution.
At The Law Office of Carlos M. Amor, we can:
- Review and interpret contract terms to clarify rights and obligations
- Gather evidence, including inspection reports, escrow instructions, and title records
- Negotiate directly with the opposing party or their counsel
- Pursue mediation to avoid lengthy court proceedings
- File lawsuits to recover damages or enforce contract provisions
- Defend against claims made against you in real estate disputes
Our goal is to resolve your dispute as efficiently as possible, protecting your investment and avoiding unnecessary costs. However, we are fully prepared to represent you in court when the situation demands it.
FAQs: Real Estate Contract Disputes in Florida
Do all contracts have a dispute resolution clause?
Not necessarily. Some require mediation or arbitration before litigation; others allow you to proceed directly to court. An attorney can advise you on the process your specific contract requires.
How quickly should I act if I have a dispute?
Immediately. Delays can result in waived rights, missed deadlines, and weakened legal positions. Contacting a Plantation real estate attorney as soon as a problem arises gives you the best chance of protecting your interests.
Can reviewing a contract beforehand prevent disputes?
Yes. Having an attorney review or draft your contract before you sign can uncover unclear language, risky contingencies, or hidden obligations that might lead to future disputes.
Contact a Florida Real Estate Contract Dispute Lawyer
If you’re facing a dispute involving an earnest money deposit, undisclosed property defect, or marketable title issue, call an attorney who focuses specifically on real estate law. Attorney Carlos M. Amor has a deep understanding of Florida real estate contracts and a proven track record of resolving disputes efficiently and effectively.
Call today to protect your investment and your property rights
ATTORNEY CARLOS M. AMOR
Carlos M. Amor is a skilled and experienced attorney and real estate broker. His legal practice in South Florida focuses on real estate litigation, real estate investments, tax deed and foreclosure auction purchases, traditional real estate transactions, short sales, foreclosure defense, and civil litigation. Carlos thinks “outside the box” and takes a practical approach to finding solutions that benefit his clients. [ ATTORNEY BIO ]
