Real Estate Law2019-10-22T20:06:46+00:00





The most important thing is to obtain positive results for each client at a reasonable cost. We offer affordable and efficient legal representation for all probate matters.


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Real Estate Litigation

Real estate litigation issues handled by our firm are…

  • Equitable Liens
  • Fraud
  • Quieting Title
  • Defects
  • Contract Enforcement (Specific Performance)
  • Contract Disputes
  • Evictions
  • Foreclosure

If you have any questions about real estate litigation issues, contact the law office of David A. Silverstone today!

Equitable Liens2019-06-15T18:59:50+00:00

Equitable Liens

Sometimes a person contributes either money or valuable improvements to someone’s property, in exchange for a verbal promise they will receive something in return, such as an ownership interest in the property, repayment, or a part of the proceeds upon sale. Although there is nothing in writing, the party who lent the money or made the improvements can file a lawsuit to have a court determine she has an Equitable Lien on the property, which is enforceable against the property.



In a real estate context, “fraud” refers to any number of situations where an individual is misled into entering into a transaction by the other party using lies, deception, or concealment of the true facts, and as a result, the person does not get what they bargained for. Fraud often involves one person taking advantage of the trust or lack of knowledge of another person. In a lawsuit involving fraud, various remedies can be sought, including monetary damages, and various equitable remedies, including rescission, equitable liens, and quieting title.

Quieting Title2019-06-15T18:58:59+00:00

Quieting Title

A “quiet title” lawsuit is to “wipe clean” the title to real property. This type of action is filed when there is a serious title problem or “cloud” on the title which renders the title unmarketable (meaning you are unable to pass title or obtain a mortgage because of the cloud). The cloud may have been caused by fraud, forgery, by a mistake, or as the result of a good faith dispute over title. Title insurance will only cover these problems if they were in the public record at the time of closing, and they were somehow missed by the closing agent. Since a quiet title action seeks to deprive a party of its interest in the property, these cases are often strongly contested.


Real Estate Defects Litigation

When real estate is sold in Florida the seller is obligated to inform the buyer of any defects of which the seller knows which are not readily observable, and which materially affect the value of the property. That may be a leaky roof, a septic tank which backs up, a yard that floods, or a defective heating or cooling system. If defects are discovered after closing, and the seller has concealed and failed to inform the buyer of the defects, a lawsuit can be filed against the seller for the cost of repair.

Contract Enforcement (Specific Performance)2019-06-15T19:03:17+00:00

Enforcement of Real Estate Contracts (Specific Performance)

If a buyer is ready, willing and able to close on a parcel of real property, but the seller refuses to close, the buyer has a right to force the seller to sell by filing a lawsuit for Specific Performance. In such a lawsuit, the buyer asks the court to make the seller convey the property. The buyer may also obtain a judgment for damages caused by the seller’s failure to sell.

Contract Disputes2019-06-15T19:04:32+00:00

Contract Disputes

Attorney David A. Silverstone, in south Florida can help you with any issues related to contract disputes.

A contract for the sale of real estate contains many promises on behalf of both buyers and sellers. There may be disputes over return of the deposit if a deal does not close. There may be disputes about repairs or defects. A real estate lawyer can attempt to resolve these types of issues, and, if all else fails, go to court to resolve the problems.

If you have any questions about contract disputes, contact us today.


Evictions (Residential and Commercial)

Florida law has landlord tenant laws which are strictly construed by the courts. The procedures stated in those laws must be followed in order to enforce the rights of either landlords or tenants. A real estate attorney with a thorough knowledge of Florida’s landlord and tenant law is needed to effectively evict tenants in the minimum possible time, or to raise a legitimate defense, as the case may warrant. In the commercial landlord-tenant area, there may be more complex issues to resolve.


Foreclosure Defense

Mortgages are held by banks, institutional lenders, and individuals. If the borrower has failed to make payment when due, a lender is permitted to file a foreclosure lawsuit which will result in the property being sold at public auction.

Borrowers can keep the property if they can come up with sufficient funds to reinstate the mortgage by paying all past due amount and penalties. Borrowers may wish to reinstate the mortgage, refinance the property or sell the property to avoid being foreclosed upon. Under any scenario, the mortgage holder is entitled to be paid in full all costs, including attorney’s fees, interest and late fees.

If you have any questions about real estate litigation issues, contact the law office of David A. Silverstone today!

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