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Frequently Asked Questions

Real Estate

Florida does not require an attorney for every real estate purchase or sale, but legal representation can be valuable. A Florida real estate lawyer can review contracts, identify title or ownership concerns, address contingencies, prepare documents, and help protect your interests before closing. Involving counsel early is particularly helpful for commercial, investment, waterfront, or otherwise complex transactions.

A Florida real estate lawyer can assist with residential and commercial transactions, purchase and sale agreements, title issues, closings, commercial leases, easements, boundary disputes, development matters, and real estate litigation. The attorney’s role depends on the transaction or dispute and may range from document review to negotiation and courtroom representation.

Ideally, you should consult a real estate attorney before signing a binding purchase agreement, lease, development agreement, or other significant document. Early legal review can uncover unfavorable terms or potential problems while there is still an opportunity to negotiate changes.

Yes. Title problems may involve liens, ownership discrepancies, unreleased mortgages, recording errors, competing claims, easements, or defects in the chain of title. A real estate attorney can evaluate the issue and determine what steps may be available to resolve it before a sale, financing, or other transaction proceeds.

The available remedies depend on the agreement and circumstances. A dispute may involve deposits, damages, termination rights, or a request for specific performance. A Florida real estate attorney can review the contract, determine the parties’ rights and obligations, and pursue negotiation, mediation, or litigation when appropriate.

Yes. Block & Scarpa represents businesses, developers, investors, landlords, tenants, and property owners in commercial real estate matters. Representation may include acquisitions and sales, contract negotiations, due diligence, commercial leasing, development matters, financing-related issues, and disputes.

Yes. Block & Scarpa serves real estate clients throughout Florida through offices in Vero Beach, Orlando, Clermont, West Palm Beach, Miami, Fort Lauderdale, Port St. Lucie, and Stuart.

Community Association

A community association lawyer advises condominium associations, homeowners’ associations, cooperatives, boards, and property managers on governance, assessments, contracts, enforcement, elections, records, disputes, and compliance with Florida law and the association’s governing documents.

Florida community associations are governed by several sources of law. Condominium associations are principally addressed under Chapter 718 of the Florida Statutes, while homeowners’ associations are principally addressed under Chapter 720. Other statutes, administrative requirements, governing documents, and applicable case law may also affect an association.

Associations generally have authority to enforce valid restrictions contained in their governing documents and properly adopted rules, subject to Florida law and applicable procedures. Because enforcement requirements and remedies vary, boards should obtain legal guidance before imposing fines, suspensions, liens, or pursuing other enforcement measures.

Yes. Association counsel can advise boards regarding delinquent assessments, statutory notices, liens, payment arrangements, and other available collection remedies. Following the correct procedures is particularly important because Florida law establishes requirements affecting association collection and lien rights.

Yes. An attorney can review declarations, articles, bylaws, rules, and policies and advise the association regarding potential amendments. Counsel can also help ensure the amendment process follows applicable voting, notice, recording, and other legal requirements.

Boards should consider obtaining legal advice before making decisions involving significant contracts, assessments, covenant enforcement, elections, owner disputes, construction projects, insurance matters, document amendments, or other issues carrying meaningful legal or financial consequences.

Yes. Block & Scarpa provides legal counsel to condominium associations, homeowners’ associations, boards, and community association clients throughout Florida, including assistance with governance, enforcement, collections, contracts, and disputes.

Civil Litigation

Civil litigation can include contract disputes, business disputes, real estate conflicts, property disputes, construction matters, landlord-tenant claims, partnership disagreements, and other non-criminal controversies between individuals or businesses.

Although every case differs, litigation generally begins with evaluating the claim, filing or responding to pleadings, exchanging information through discovery, addressing motions, and attempting resolution. If the parties cannot resolve the dispute, the matter may proceed to trial.

There is no standard timeline. The length of a lawsuit depends on the complexity of the issues, number of parties, volume of evidence, discovery requirements, court scheduling, motions, settlement negotiations, and whether the case ultimately goes to trial.

Yes. Many civil disputes are resolved before trial through direct negotiation, mediation, or another form of dispute resolution. A settlement can sometimes reduce cost and uncertainty, but whether settlement is appropriate depends on the facts and the client’s objectives.

Do not ignore it. Court documents typically establish deadlines for responding, and failing to act can have serious consequences. Preserve relevant documents and communications and speak with a Florida litigation attorney promptly to understand your options.

Depending on the dispute, useful evidence may include contracts, emails, text messages, photographs, invoices, payment records, business records, property documents, notices, and correspondence. Avoid deleting potentially relevant electronic information after a dispute develops.

It is often beneficial to obtain counsel as soon as a significant dispute appears likely. Early legal advice can help preserve evidence, evaluate potential claims or defenses, comply with deadlines, and determine whether litigation can be avoided.

Construction Law

A Florida construction lawyer assists owners, developers, contractors, subcontractors, suppliers, and other industry participants with contracts, payment disputes, construction defects, liens, project delays, claims, and litigation arising from construction projects.

Yes. Reviewing construction contracts before work begins can help clarify scope, payment terms, scheduling, change orders, insurance obligations, warranties, dispute procedures, and risk allocation. Addressing these provisions early may reduce disputes later.

Florida construction lien law may allow qualifying contractors, subcontractors, laborers, and material suppliers to assert lien rights against property when payment requirements are not satisfied. Strict notice, timing, and procedural requirements apply, so owners and construction professionals should seek advice promptly.

Document the conditions, preserve contracts and project records, and obtain legal advice before making decisions that could affect your rights. Florida construction defect disputes may involve statutory notice procedures, contractual requirements, expert evaluations, insurance issues, and potential claims against multiple parties.

Yes. Construction attorneys can assist with unpaid invoices, retainage, change-order disputes, lien claims, bond claims, contract enforcement, and other payment issues. Available remedies depend on the contract, project, and parties involved.

Depending on the circumstances, potentially responsible parties can include contractors, subcontractors, developers, design professionals, suppliers, or others involved with the project. Determining responsibility usually requires reviewing contracts, project records, applicable standards, and the nature of the alleged defect.

Block & Scarpa assists clients with a range of Florida construction matters. Representation depends on the specific matter and completion of an appropriate conflict review.

Landlord-Tenant Law

A landlord-tenant attorney advises landlords, property owners, management companies, and tenants regarding leases, rent disputes, defaults, property conditions, notices, evictions, security deposits, commercial tenancy issues, and related litigation.

Florida landlords generally must follow statutory procedures rather than removing a tenant themselves. Depending on the reason for eviction, the process may involve appropriate notice, filing an eviction action, service of court documents, and obtaining the necessary court relief.

Nonpayment of rent can provide grounds for eviction when the applicable legal requirements are met. However, landlords must follow Florida’s required notice and court procedures. Improper notices or other procedural errors can delay an eviction.

A well-prepared lease should clearly address rent, payment dates, term, deposits, maintenance responsibilities, permitted uses, defaults, renewal or termination, and other obligations relevant to the property. Commercial leases generally require additional provisions tailored to the business relationship.

Florida law establishes requirements concerning security deposits, including circumstances in which deductions may be claimed and procedures that may apply. Because deadlines and notice requirements matter, landlords and tenants should obtain advice about their specific situation.

Yes. Commercial lease disputes may involve unpaid rent, defaults, maintenance obligations, use restrictions, renewals, operating expenses, property damage, or other contractual issues. Block & Scarpa can advise clients concerning commercial leasing and related disputes.

Legal advice is particularly valuable before serving or responding to important notices, terminating a lease, filing an eviction, withholding significant sums, or taking other action that could affect contractual or statutory rights.

Foreclosure, Collections and Bankruptcy

Attorneys in this area may advise creditors, lenders, businesses, associations, property owners, or other parties regarding debt enforcement, foreclosure, collections, bankruptcy proceedings, liens, judgments, and creditor rights.

Florida generally uses a judicial foreclosure process, meaning the lender files a lawsuit to pursue foreclosure. The process can involve pleadings, defenses, motions, judgment proceedings, and ultimately a foreclosure sale if the matter is not otherwise resolved.

A bankruptcy filing generally triggers an automatic stay that restricts many collection activities. The stay has important exceptions and limitations, and creditors should obtain bankruptcy counsel before continuing collection efforts or seeking relief from the stay.

Available options may include demand letters, negotiation, filing a lawsuit, obtaining a judgment, and pursuing legally available post-judgment collection remedies. The appropriate strategy depends on the debt, documentation, debtor, available assets, and applicable deadlines.

A judgment is a court determination establishing an obligation, while a lien is a legal claim or encumbrance that may attach to certain property. Their operation and enforcement depend on the type of debt, property, and applicable Florida law.

Stop any collection activity that could violate the automatic stay and have counsel evaluate the bankruptcy notice. Depending on the circumstances, a creditor may need to file a proof of claim, protect secured interests, evaluate deadlines, or seek other relief through the bankruptcy court.

Block & Scarpa can advise qualifying clients regarding creditor rights and related collection or bankruptcy matters, subject to the facts of the case and conflict review.

Estate Planning, Tax and Probate Administration

An estate plan may include a will, revocable trust, durable power of attorney, health care surrogate designation, living will, and other documents depending on the client’s assets, family circumstances, and objectives.

A will allows you to direct how qualifying assets should be distributed, nominate a personal representative, and address other important matters. Without a valid will, property subject to probate may be distributed according to Florida’s intestacy laws rather than your personal wishes.

A will generally directs the disposition of probate assets after death. A properly created and funded revocable trust can hold assets during life and provide for their management and distribution according to the trust terms, potentially allowing those assets to avoid probate administration.

Probate is a court-supervised process used to administer certain assets and obligations after someone dies. Depending on the estate, the process can include appointing a personal representative, identifying assets, addressing creditor claims, paying valid expenses, and distributing remaining property to beneficiaries.

Tax considerations can be an important component of estate planning, particularly for clients with substantial or complex assets. Appropriate strategies depend on current federal and state tax law, asset ownership, family circumstances, and the client’s objectives.

Review your plan periodically and after major life events such as marriage, divorce, a birth or death, significant changes in assets, moving to Florida, selling a business, or changes in tax or estate-planning law.

Ideally, soon after the decedent’s death. Florida probate involves procedural requirements and deadlines, and early legal guidance can help the personal representative understand responsibilities, protect estate property, address creditors, and begin administration properly.

Business Transactions

An estate plan may include a will, revocable trust, durable power of attorney, health care surrogate designation, living will, and other documents depending on the client’s assets, family circumstances, and objectives.

A will allows you to direct how qualifying assets should be distributed, nominate a personal representative, and address other important matters. Without a valid will, property subject to probate may be distributed according to Florida’s intestacy laws rather than your personal wishes.

A will generally directs the disposition of probate assets after death. A properly created and funded revocable trust can hold assets during life and provide for their management and distribution according to the trust terms, potentially allowing those assets to avoid probate administration.

Probate is a court-supervised process used to administer certain assets and obligations after someone dies. Depending on the estate, the process can include appointing a personal representative, identifying assets, addressing creditor claims, paying valid expenses, and distributing remaining property to beneficiaries.

Tax considerations can be an important component of estate planning, particularly for clients with substantial or complex assets. Appropriate strategies depend on current federal and state tax law, asset ownership, family circumstances, and the client’s objectives.

Review your plan periodically and after major life events such as marriage, divorce, a birth or death, significant changes in assets, moving to Florida, selling a business, or changes in tax or estate-planning law.

Ideally, soon after the decedent’s death. Florida probate involves procedural requirements and deadlines, and early legal guidance can help the personal representative understand responsibilities, protect estate property, address creditors, and begin administration properly.

Land Development & Zoning

A land development and zoning lawyer helps developers, property owners, investors, and businesses navigate zoning regulations, comprehensive plans, development approvals, variances, special exceptions, development agreements, permitting issues, and land use disputes.

The answer depends on the property’s jurisdiction, future land use designation, zoning classification, permitted uses, density or intensity limits, dimensional standards, and other restrictions. Land use due diligence before purchasing or developing property can identify many of these issues.

A property owner may be able to request rezoning, but approval is not guaranteed. Local governments evaluate applications under applicable ordinances, comprehensive plans, review criteria, public hearing requirements, and other land-use considerations.

A variance generally provides limited relief from particular zoning requirements when the applicable legal standards are satisfied. The exact criteria and process vary by jurisdiction, so a property owner should review the local code before pursuing an application.

A comprehensive plan’s future land use designation provides broader policy direction regarding development, while zoning regulations typically establish more detailed permitted uses and development standards for individual properties. A project may need to comply with both.

Ideally, before acquiring property or investing substantial resources in design and development. Early legal due diligence can identify zoning, entitlement, access, development, and regulatory issues before they create expensive project delays.

Yes. Block & Scarpa can assist qualifying clients with zoning and land-development matters, including applications, governmental review, development agreements, administrative proceedings, and disputes arising during the approval process.

Personal Injury

The deadline depends on the type of claim and when the cause of action accrued. Florida changed important negligence limitations periods in 2023, so accident victims should not rely on older online information. Speaking with an attorney promptly can help determine the deadline applicable to a particular claim.

Depending on the circumstances, damages may include medical expenses, future treatment costs, lost income, diminished earning capacity, pain and suffering, property damage, and other legally recoverable losses. The damages available depend on the nature of the claim and evidence.

Seek appropriate medical attention, report the accident, preserve photographs and other evidence, obtain witness information when possible, retain relevant records, and be cautious about discussing the claim with insurance adjusters before understanding your rights.

Florida applies comparative-fault rules to many negligence cases. A claimant’s percentage of responsibility can affect recovery, and current law can prevent recovery in certain negligence actions when the claimant’s share of fault exceeds the statutory threshold. An attorney can evaluate how the rule applies to your circumstances.

You should understand who is requesting the statement, why it is being requested, and your obligations before proceeding. Statements can affect a claim, so accident victims may benefit from obtaining legal advice before giving a recorded statement to another party’s insurer.

There is no reliable one-size-fits-all formula. Case value depends on liability, injury severity, medical treatment, future needs, lost income, insurance coverage, comparative fault, and how the injuries affect the person’s life.

Many Florida personal injury matters are handled on a contingency-fee basis, meaning attorney fees depend on obtaining a recovery. The specific fee arrangement and responsibility for case costs should be explained in the written representation agreement before the attorney is hired.

Disclaimer: The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail or correspondence links contained within the site do not create an attorney-client relationship between Block & Scarpa and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.