When business disputes become intertwined with real estate and substantial financial investments, the consequences can be devastating. In a recent Miami-Dade County jury trial, our attorneys Eduardo A. Maura and M. Julia Solivan secured a significant victory on behalf of our client, obtaining a $335,000 damages award and a $335,000 equitable lien against a Miami property.

The verdict protects our client’s financial interest in the property and ensures that her investment cannot simply be ignored or erased.

A Dispute Over Hundreds of Thousands of Dollars

Our client filed suit after investing hundreds of thousands of dollars into the purchase and maintenance of a Miami condominium. According to the lawsuit, although she funded the acquisition and continued paying expenses associated with the property, ownership was ultimately transferred without fair compensation.

Following a jury trial, the court entered final judgment in our client’s favor on two of the case’s most significant claims.

Jury Awards $335,000 for Unjust Enrichment

The jury found in favor of our client on her claim for Unjust Enrichment against one of the defendants.

In practical terms, unjust enrichment prevents someone from unfairly benefiting at another person’s expense. Here, the jury concluded that our client was entitled to recover $335,000 because the defendant received the benefit of her financial contributions without providing fair compensation. The Court entered judgment awarding our client the full $335,000 in damages.

Court Imposes $335,000 Equitable Lien on the Property

One of the most important outcomes of the case was the Court’s decision to also impose a $335,000 equitable lien against the Miami property at the center of the dispute.

An equitable lien is a powerful legal remedy, and rather than simply awarding money, it places a legal claim directly against the property itself. This protects the prevailing party’s interest and prevents the property from being freely transferred without addressing the judgment.

The Court further declared that our client holds a $335,000 equitable lien on the property, with the amount increasing to include applicable interest and recoverable costs. For our client, this provides meaningful security beyond a monetary judgment alone.

Together, these rulings strengthen our client’s ability to enforce the judgment and recover what she is legally entitled to receive.

Attorney M. Julia Solivan stated, “Obtaining both a substantial damages award and an equitable lien provides our client with more than just a wonderful verdict, but also with meaningful protection for her financial interests. We’re grateful the jury carefully considered the evidence and reached a just result.”

If you or someone you know needs legal assistance, please don’t hesitate to contact one of our experienced attorneys at 305-570-2208.

You can also contact our team directly at: arianna@ayalalawpa.com       

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].

For developers, contractors, subcontractors, and property owners, few construction disputes are more expensive than a mechanic’s lien dispute. A single missed notice, an improperly handled payment, or a misunderstanding of Florida’s Construction Lien Law can delay projects, cloud title, disrupt financing, and expose parties to costly litigation.

What surprises many developers is that mechanic’s liens are not just a contractor problem. In many cases, the biggest financial consequences fall on the property owner or developer who assumed everything was being handled correctly.

As construction costs continue to rise and projects become more complex, understanding how mechanic’s liens work in Florida has become essential risk management.

What Is a Mechanic’s Lien in Florida?

A mechanic’s lien, often called a construction lien in Florida, is a legal claim against real property filed by contractors, subcontractors, suppliers, laborers, or design professionals who have not been paid for their work.

Florida’s Construction Lien Law gives construction professionals powerful tools to secure payment. If certain statutory requirements are met, an unpaid contractor or supplier may place a lien against the property itself, even when the owner has already paid someone else on the project. This is often where developers get into trouble.

Many property owners assume that once they pay the general contractor, their obligations are complete. Unfortunately, that is not always the case under Florida law.

Why Developers Lose Millions Over Construction Liens

The biggest misconception in construction projects is believing that payment automatically eliminates lien risk. In reality, a developer may fully pay a general contractor while subcontractors or suppliers remain unpaid. Those unpaid parties may still have lien rights against the property. The result can be devastating:

• Construction delays
• Financing complications
• Clouded title issues
• Expensive litigation
• Double payment scenarios
• Delayed sales or refinancing

For large commercial developments, these problems can quickly escalate into six- or seven-figure disputes.

Can a Contractor File a Lien If the Owner Already Paid?

This is one of the most frequently searched questions regarding Florida construction liens, and the answer is often yes.

Florida’s lien laws are designed to protect parties who contribute labor, materials, or services to improve property. If proper notices were served and statutory requirements were followed, subcontractors and suppliers may still assert lien rights even when the owner has already paid the general contractor. This is why sophisticated developers closely monitor payment flows throughout the project rather than relying solely on the prime contractor’s assurances.

What Is a Notice to Owner and Why Does It Matter?

One of the most important documents in Florida construction projects is the Notice to Owner. This document is commonly served by subcontractors, material suppliers, and others who do not have a direct contract with the property owner. Many developers receive these notices and either ignore them or misunderstand their significance.

A Notice to Owner does not mean someone is filing a lien. Instead, it preserves potential lien rights. Once a developer receives a Notice to Owner, additional precautions should be taken before issuing future payments. Failing to properly account for these notices can expose the project to significant lien claims later.

How Improper Payment Practices Create Lien Problems

Another costly mistake occurs when developers fail to implement proper payment controls. Construction projects often involve multiple layers of contractors, subcontractors, suppliers, consultants, and vendors. Without adequate documentation, it can become difficult to verify who has been paid and who remains unpaid.

Common payment mistakes include:

• Releasing funds without collecting lien waivers
• Making large upfront payments without protections
• Failing to track Notice to Owner filings
• Not verifying subcontractor payments
• Using incomplete draw procedures

Many lien disputes begin not because of bad faith, but because of poor project administration.

What Happens When a Mechanic’s Lien Is Filed?

Once a construction lien is recorded, the consequences can be immediate. The lien becomes a public record and may affect the property’s title, and this can interfere with:

• Property sales
• Refinancing transactions
• Construction lending
• Investor transactions
• Future development plans

In some cases, lien claimants may pursue foreclosure actions to enforce their liens. Even when the lien is ultimately invalid, resolving the dispute can require substantial legal fees and management time.

How Developers Can Protect Themselves from Construction Liens

Successful developers typically approach lien prevention long before a dispute arises. Risk management begins during contract negotiations and continues throughout the life of the project. Some of the most effective protections include:

• Well-drafted construction contracts
• Proper Notice to Owner tracking systems
• Conditional and unconditional lien waivers
• Careful draw request procedures
• Payment verification protocols
• Regular legal review of project documentation

The earlier potential issues are identified, the easier and less expensive they are to resolve.

What Makes Florida Construction Lien Law So Complex?

Florida’s Construction Lien Law is highly technical. Strict deadlines apply to notices, lien recordings, responses, and enforcement actions. Missing a deadline by even a short period can dramatically affect a party’s rights.

At the same time, property owners and developers must carefully navigate these requirements to avoid unnecessary liability. Because of these complexities, many disputes arise not from the quality of construction work itself, but from procedural mistakes involving notices, payments, and documentation.

Construction Lien Disputes Require Experienced Legal Guidance

Whether you are a developer facing a mechanic’s lien, a contractor seeking payment, or a property owner trying to protect a project, construction lien disputes can quickly become high-stakes legal matters.

At our law firm, our attorneys represent businesses, developers, contractors, subcontractors, suppliers, and property owners in construction litigation throughout Florida. We understand the financial and operational impact lien disputes can have on a project, and we work aggressively to protect our clients’ interests.

If you are dealing with a mechanic’s lien dispute, payment dispute, lien foreclosure action, or construction litigation matter, contact one of our experienced attorneys at 305-570-2208.

You can also contact our team directly at: arianna@ayalalawpa.com       

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].

For contractors, subcontractors, suppliers, and construction professionals, filing a construction lien can feel like the ultimate protection against nonpayment. After all, if you’ve improved a property and haven’t been paid, the lien gives you a legal claim against that property. But what many construction industry professionals discover too late is that not all liens are created equal.

In some situations, a valid construction lien can become practically worthless if the property has already been foreclosed upon by a lender with a superior claim. This can leave contractors and suppliers facing a frustrating reality: they did the work, improved the property, properly recorded their lien, and still may recover little or nothing. Understanding how lien priority works in Florida can help businesses avoid costly surprises and make smarter decisions before extending labor, materials, or credit.

What Happens to a Construction Lien After a Bank Foreclosure?

A common misconception is that filing a construction lien automatically guarantees payment. In reality, a construction lien is only as valuable as its position in line. When a property owner defaults on a mortgage, the lender may initiate foreclosure proceedings. If the bank’s mortgage has priority over the construction lien, the foreclosure sale can eliminate junior liens attached to the property.

This means a contractor may have a valid lien but no remaining collateral to enforce it against after the foreclosure is complete. In simple terms, the lien still existed, it just lost the asset it was attached to.

How Does Lien Priority Work in Florida?

One of the most important questions in any lien dispute is: Who was first? Generally speaking, lenders, contractors, and other creditors compete based on priority rights.

Priority often depends on factors such as:

• When the mortgage was recorded
• When construction began
• Whether a Notice of Commencement was recorded
• The nature of the work performed
• The specific facts surrounding the project

The answer is not always straightforward. In some cases, a construction lien may gain priority over later-recorded interests. In others, the bank’s mortgage may sit firmly ahead of everyone else.Because priority disputes can become highly technical, they frequently lead to construction litigation and real estate litigation throughout Florida.

Why Contractors Often Discover the Problem Too Late

Most contractors focus on getting paid by the property owner. They may not investigate the property’s financial condition until payment problems begin.

Unfortunately, by that point, warning signs may already exist:

• The owner may have defaulted on the loan.
• The lender may have initiated foreclosure proceedings.
• The property’s value may have declined below the outstanding mortgage balance.

Even if the contractor eventually wins a lien foreclosure action, there may be little equity left to satisfy the judgment. This is especially common on distressed commercial projects, failed developments, and partially completed construction projects.

Can a Construction Lien Still Have Value?

Absolutely. A construction lien is still one of the strongest legal tools available to contractors and suppliers. However, its effectiveness depends heavily on timing and strategy. A properly asserted lien may:

• Create leverage during settlement negotiations
• Encourage payment before foreclosure is finalized
• Protect rights against available project equity
• Support additional legal claims in litigation

The key is understanding the overall financial picture of the project before assuming the lien guarantees recovery.

What Should Contractors Do Before Problems Escalate?

The best time to evaluate risk is before payment issues become severe. Contractors, subcontractors, and suppliers should pay close attention to signs of financial distress, including delayed payments, lender involvement, stalled construction, and reports of pending foreclosure activity.

Early legal intervention can often reveal important information about:

• Existing mortgages
• Recorded liens
• Pending foreclosure actions
• Property ownership issues
• Available recovery options

The sooner these issues are identified, the more opportunities may exist to protect payment rights.

Why Construction Lien and Foreclosure Disputes Require Legal Guidance

When construction liens and mortgage foreclosures collide, the legal issues can become complex very quickly. Questions of lien priority, mortgage rights, project financing, and foreclosure procedures often determine whether a contractor recovers thousands of dollars or nothing at all. For that reason, contractors should not assume that simply recording a lien guarantees payment.

At our law firm, we represent contractors, subcontractors, suppliers, developers, and businesses involved in construction litigation, real estate litigation, and complex lien disputes throughout Florida. We help clients protect their interests, evaluate lien rights, and pursue recovery when payment disputes arise.

If your project is facing foreclosure issues or you are concerned about the value of a construction lien, contact one of our experienced attorneys at 305-570-2208.

You can also contact our team directly at: arianna@ayalalawpa.com    

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].

When a lis pendens is filed against real estate, it can bring a property transaction to a standstill. Buyers become hesitant, lenders back away, and owners may find themselves unable to sell or refinance their property. That is why obtaining the dissolution of a lis pendens can be a critical victory in real estate litigation.

We’re pleased to share a recent success by attorney M. Julia Solivan, who secured an order dissolving a lis pendens affecting a residential property in Cape Coral, Florida.

What Is a Lis Pendens?

A lis pendens, Latin for “pending lawsuit,” is a notice recorded in the public records that alerts the public that a lawsuit may affect ownership or rights related to a property.

While a lis pendens serves an important purpose in certain cases, it can have significant consequences for property owners. Once recorded, it can make selling, transferring, or refinancing a property extremely difficult until the dispute is resolved.

The Dispute

In this case, a plaintiff sought to maintain a lis pendens against the defendant’s property during ongoing litigation. The continued presence of the lis pendens created a cloud on the property’s title, limiting the owner’s ability to freely deal with the property.

Attorney M. Julia Solivan filed a motion seeking dissolution of the lis pendens and advocated for the client’s ability to move forward with the property while ensuring that any legitimate claims remained protected.

The Court’s Ruling

The Court granted the motion in substantial part and ordered that the lis pendens be dissolved.

As part of the ruling, the Court established a practical solution designed to protect both sides’ interests. Rather than keeping the property tied up indefinitely, the Court ordered that $64,089.28 be held in escrow from any sale, transfer, refinance, or other disposition of the property. The escrow funds must remain secured and cannot be distributed without either a further court order or an agreement between the parties.

Importantly, the Court also ordered that the property be released from future liens or encumbrances arising from the claims in the case, allowing the property owner greater freedom to move forward with the property while the litigation continues.

Why This Matters

Many people assume that once a lis pendens is recorded, there is little that can be done until the lawsuit ends, but that is not always true. Florida courts have the authority to dissolve a lis pendens when appropriate, particularly where adequate protections can be put in place to safeguard any potential claims. In some situations, courts may require a bond, escrow arrangement, or other security instead of allowing the property itself to remain encumbered.

This case demonstrates that a carefully crafted legal strategy can help property owners avoid unnecessary restrictions while still respecting the rights of all parties involved in the litigation.

Experienced Real Estate Litigation Representation

Real estate disputes often involve significant financial stakes and can directly impact a person’s ability to use, sell, or finance their property. At our law firm, our attorneys regularly represent clients in real estate litigation, title disputes, contractual conflicts, and other complex property-related matters throughout Florida.

We congratulate attorney M. Julia Solivan on this successful result and remain committed to protecting our clients’ property rights through strategic and effective advocacy.

If you are dealing with a lis pendens, title dispute, or other real estate litigation matter, contact one of our experienced attorneys at 305-570-2208.

You can also contact our team directly at: arianna@ayalalawpa.com  

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].

Construction projects involve a lot of moving parts, and unfortunately, payment disputes are common. When contractors, subcontractors, suppliers, or laborers are not paid for their work, a construction lien can become one of the most powerful tools available to protect their right to payment. However, many people assume that once a lien is recorded, it lasts forever. That is not the case.

Florida construction liens are governed by strict deadlines, and missing just one can result in losing valuable legal rights. Whether you are a contractor trying to collect payment or a property owner dealing with a lien against your property, understanding these timelines is critical.

How Long Does a Construction Lien Last in Florida?

Under Florida law, a construction lien generally remains valid for one year from the date it is recorded. This means that recording the lien is only the first step. If the lienholder does not take additional legal action within the required timeframe, the lien may expire and become unenforceable.

Many contractors are surprised to learn that filing a lien alone does not automatically guarantee payment. A lien must often be enforced through litigation before the statutory deadline expires.

What Happens After a Construction Lien Is Recorded?

Once a Claim of Lien is recorded in the county’s public records, it creates a cloud on the property’s title. This can make it difficult for the owner to:

• Sell the property
• Refinance the property
• Transfer ownership
• Obtain certain financing

Because of these consequences, construction liens often encourage parties to negotiate a resolution before litigation becomes necessary. However, if no agreement is reached, additional deadlines begin to matter.

When Must a Lawsuit Be Filed to Enforce a Construction Lien?

One of the most important construction lien deadlines in Florida is the deadline to file a foreclosure action. In most cases, the lienholder must file a lawsuit to enforce the lien within one year after recording the lien.

If the lawsuit is not filed before that deadline expires, the lien generally becomes unenforceable. For contractors and suppliers, this means closely monitoring all lien dates. Waiting too long can eliminate the leverage that the lien provides.

Can a Construction Lien Expire Earlier Than One Year?

Yes, property owners have legal options that may shorten the lien enforcement period. One common method is filing a Notice of Contest of Lien. When properly served, this can significantly reduce the amount of time the lienholder has to file a lawsuit.

In certain situations, the deadline to enforce the lien may be reduced from one year to as little as 60 days. This is why lienholders should never assume they have the full year available. Receiving a Notice of Contest can dramatically accelerate the timeline.

What Is a Notice of Contest of Lien?

A Notice of Contest of Lien is a legal tool available to Florida property owners who want to challenge a recorded lien. Once properly filed and served, the lienholder must act quickly. Failure to file an enforcement lawsuit within the shortened timeframe can result in the lien being extinguished.

For property owners facing questionable liens, this can be an effective strategy for forcing the dispute toward resolution. For contractors and suppliers, it creates urgency and requires immediate attention.

What Happens If a Construction Lien Expires?

If a construction lien expires before it is enforced, the lienholder may lose the ability to foreclose against the property.

That does not always mean the underlying debt disappears. Depending on the circumstances, the unpaid party may still have other legal claims available, such as breach of contract. However, losing lien rights often means losing one of the strongest collection tools available under Florida law.

Common Construction Lien Mistakes That Lead to Lost Rights

Many construction lien disputes arise because critical deadlines are overlooked. Some of the most common mistakes include:

• Recording a lien too late
• Failing to properly serve required notices
• Missing the deadline to file a foreclosure lawsuit
• Ignoring a Notice of Contest of Lien
• Assuming a lien remains valid indefinitely

Florida’s Construction Lien Law is highly technical, and even minor procedural errors can have significant consequences.

Do You Need an Attorney for a Construction Lien Dispute?

Construction lien disputes often involve substantial sums of money and strict statutory requirements. Whether you are trying to enforce a lien or remove one from your property, having experienced legal guidance can help protect your rights and avoid costly mistakes.

At Ayala Law, we represent contractors, subcontractors, suppliers, developers, property owners, and businesses in construction disputes throughout Florida. Our team handles construction lien claims, payment disputes, contract litigation, and complex real estate litigation matters.

If you are dealing with a construction lien issue, contact one of our experienced attorneys at 305-570-2208.

You can also contact our team directly at: arianna@ayalalawpa.com 

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].

Commercial real estate deals do not always close with every issue fully resolved. Sometimes repairs are incomplete, permits are still pending, tenant disputes remain open, or financial concerns surface late in due diligence. Instead of walking away from the deal, buyers and sellers often rely on holdbacks and escrow reserves to keep the transaction moving.

These provisions can protect both sides, but when drafted poorly, they often become the center of costly commercial real estate litigation.

What Is a Holdback in a Commercial Real Estate Closing?

A holdback is money withheld from the seller’s proceeds at closing until a specific issue is resolved. Rather than delaying the transaction entirely, the parties agree to temporarily set aside funds to cover a known risk.

In Florida commercial real estate transactions, holdbacks are commonly used for:

• Incomplete repairs or construction work
• Open permit issues
• Unpaid contractor claims
• Environmental concerns
• Tenant-related disputes
• Property damage discovered during inspections

For example, if a buyer discovers roof damage before closing, the parties may agree to place funds in escrow until the repairs are completed and verified.

What Is an Escrow Reserve?

An escrow reserve works similarly, except the funds are typically held by a neutral third party, such as a title company or escrow agent, under specific contractual instructions.

Escrow reserves are especially common in larger commercial transactions involving office buildings, shopping centers, industrial properties, and development projects where unresolved issues may take time to address after closing. These arrangements help deals move forward while reducing financial risk for buyers.

Why Escrow Disputes Happen So Often

Many escrow disputes begin with vague contract language.

A surprising number of commercial contracts fail to clearly explain:

• When escrow funds should be released
• What documentation is required
• Who decides whether obligations were satisfied
• What happens if the parties disagree
• How long funds may remain in escrow

When these issues are not clearly addressed, disputes can escalate quickly. Buyers may argue that work was never properly completed, while sellers may claim funds are being withheld unfairly. In many cases, the disagreement comes down to how the contract was written.

How Buyers Can Protect Themselves

Buyers should avoid treating holdbacks as simple side provisions buried in the closing documents. One common mistake is underestimating the actual financial exposure tied to unresolved issues. Another is using broad or unclear language like “reasonable completion” or “satisfactory repairs,” which often creates confusion later.

Well-drafted escrow provisions should clearly define deadlines, inspection rights, documentation requirements, and remedies if obligations are not met. The stronger the language upfront, the lower the chance of litigation later.

How Sellers Can Avoid Post-Closing Problems

Sellers also need to pay close attention to escrow terms before signing. An overly broad holdback provision can leave substantial funds tied up long after closing, especially if the agreement lacks deadlines or objective release conditions.

Sellers should negotiate for:

• Clear release timelines
• Defined performance standards
• Limits on liability exposure
• Procedures for resolving disputes
• Automatic release provisions when appropriate

Without these protections, escrow disputes can drag on for months and interfere with future business plans or investments.

Why These Provisions Matter in Florida Commercial Real Estate Deals

In today’s market, commercial transactions are being scrutinized more carefully than ever. Buyers, lenders, and investors are looking closely at risk allocation before closing deals, and that makes properly negotiated escrow provisions extremely important.

Poorly drafted holdbacks can lead to claims involving breach of contract, construction defects, fraud allegations, and other complex commercial litigation issues. What initially looked like a small closing adjustment can quickly turn into a major legal dispute.

At Ayala Law, our attorneys represent buyers, sellers, investors, and businesses in commercial real estate transactions and litigation throughout Florida. We help clients structure agreements that reduce risk before disputes arise, and aggressively protect their interests when disputes do happen.

If you need guidance on commercial closings, escrow disputes, or real estate litigation matters, contact one of our experienced attorneys at 305-570-2208.

You can also contact our team directly at: arianna@ayalalawpa.com     

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].

In Florida real estate deals, there is one question that creates a surprising amount of conflict between brokers, buyers, and sellers: what happens to the broker’s commission when the transaction falls apart?

A buyer backs out at the last minute, financing collapses, and one party breaches the contract. Suddenly, everyone involved starts asking who is still owed money and who is responsible for paying it. Many people assume that if a sale never closes, the broker automatically loses the commission, but that is not always true.

Under Florida law, whether a broker can still collect a commission often depends on the language of the listing agreement, the purchase contract, and the specific facts surrounding why the deal failed. These disputes can quickly turn into serious litigation, especially in commercial real estate transactions or high-value residential deals.

At Ayala Law, we regularly help brokers, property owners, investors, and businesses resolve complex real estate commission disputes throughout Florida.

Can a Real Estate Broker Earn a Commission Even if the Sale Never Closes?

In Florida, the answer is often yes. Traditionally, a broker earns a commission once they produce a “ready, willing, and able” buyer on terms acceptable to the seller. That means the broker may have already earned the commission before the closing even happens. However, every case depends heavily on the contract language.

Some agreements state that the commission is only earned upon closing, while others provide that the commission becomes due once a binding contract is signed. In many disputes, the exact wording of the brokerage agreement becomes the center of the lawsuit. This is why poorly drafted contracts can create expensive legal battles later.

What Happens if the Buyer Breaches the Contract?

Another common question is, “Who pays the broker commission if the buyer defaults?” If the buyer wrongfully backs out of the transaction, brokers sometimes pursue claims against the seller, the buyer, or both depending on the contractual structure.

In some cases, the seller may still owe the commission because the broker fulfilled their obligations by bringing a qualified buyer to the table. In others, the broker may seek damages tied to the failed transaction itself.

These disputes become even more complicated when:

• The buyer claims financing issues
• Inspection contingencies are involved
• There are allegations of bad faith
• One party accuses the other of misrepresentation
• The parties verbally modify the agreement

What initially looked like a simple failed closing can quickly evolve into full-scale litigation.

Why Broker Commission Disputes Often End Up in Court

Real estate transactions involve multiple moving parts, large sums of money, and strict contractual obligations. When a deal collapses, emotions tend to run high.

Brokers may feel they invested months of work marketing the property, negotiating terms, coordinating showings, and securing a buyer. Sellers, on the other hand, may argue that no sale means no commission.

Florida courts frequently analyze:

• The language of the listing agreement
• Whether the buyer was financially qualified
• Whether contingencies were satisfied
• Which party caused the transaction to fail
• Whether the broker fully performed their obligations

Even small wording differences in contracts can completely change the outcome of a commission dispute.

How Commercial Real Estate Commission Disputes Become More Complex

Commercial real estate commission disputes are often even more aggressive than residential disputes because the commission amounts are significantly larger.

In commercial deals, brokers may spend months or years negotiating:

• Multi-property acquisitions
• Development opportunities
• Industrial leases
• Investment property sales
• Office or retail transactions

When those deals collapse shortly before closing, commission disputes can involve hundreds of thousands of dollars.

Commercial agreements also tend to include:

• Tail provisions
• Protection periods
• Exclusive representation clauses
• Complex commission-sharing arrangements
• Arbitration clauses

If these provisions are unclear or poorly drafted, litigation becomes far more likely.

What Brokers Can Do to Protect Their Commission Rights

One of the best ways brokers can protect themselves is by ensuring their agreements are carefully drafted from the beginning.

Strong contracts should clearly address:

• When the commission is earned
• Whether closing is required
• What happens if the buyer defaults
• What happens if the seller cancels the transaction
• Whether attorney’s fees are recoverable
• Dispute resolution procedures

Too many brokers rely on generic forms without realizing how much exposure they create when deals go sideways. A properly structured agreement can dramatically reduce the risk of litigation later.

What Sellers and Buyers Should Understand Before Signing

Buyers and sellers often focus almost entirely on the purchase price and closing date while overlooking brokerage provisions buried deeper in the contract, and that can become a costly mistake.

Before signing, parties should fully understand:

• When commissions become legally owed
• Whether commissions survive termination
• Which party may be liable if the deal collapses
• Whether disputes must go to arbitration or court

Real estate litigation involving commissions is rarely just about the commission itself. These disputes often involve allegations of breach of contract, bad faith conduct, interference with business relationships, or fraudulent inducement.

Real Estate Litigation in Florida Requires Strategic Legal Guidance

Broker commission disputes can damage business relationships, delay future deals, and expose parties to substantial financial liability. Whether you are a broker trying to recover a commission, a seller defending against a commission claim, or a buyer involved in a failed transaction, early legal strategy matters.

At our law firm, our real estate litigation attorneys represent businesses, brokers, investors, developers, and property owners in complex contract and commission disputes throughout the state. Our team understands both the legal and business realities behind failed real estate transactions, and we work aggressively to protect our clients’ interests inside and outside the courtroom.

If you are involved in a real estate commission dispute in Florida, contact one of our experienced attorneys at 305-570-2208.

You can also contact our team directly at: arianna@ayalalawpa.com       

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].

We recently filed a lawsuit in Miami-Dade County involving allegations of fraudulent real estate transfers, forged signatures, and improper attempts to seize ownership of residential property through a disputed quitclaim deed.

The case, being handled by attorney M. Julia Solivan, centers around allegations that a property owner’s signature was forged on a quitclaim deed that was later recorded in the public records without her knowledge or consent.

According to the Complaint, the disputed deed allegedly transferred ownership rights in a family-owned property to another individual despite the owner maintaining that she never signed the document, never authorized the transfer, and had no knowledge of the transaction until much later.

The lawsuit further alleges that the document was improperly notarized and witnessed, and that the recording of the deed created a cloud on the property’s title that now requires court intervention to resolve.

Real estate fraud cases involving allegedly forged deeds can create serious legal and financial consequences for property owners. Once a disputed document is recorded in public records, it can interfere with ownership rights, financing, inheritance planning, refinancing efforts, and future property sales. In many situations, victims do not discover the issue until they review property records, attempt to sell the property, or notice suspicious activity tied to their credit or assets.

The Complaint also alleges that unauthorized financial activity occurred in connection with the broader dispute, including the alleged use of personal identifying information without consent.

Attorney M. Julia Solivan explained, “Property ownership rights are among the most important rights a person has. When allegations arise involving forged deeds or fraudulent transfers, immediate legal action is often necessary to protect the rightful owner and prevent further damage.”

The lawsuit seeks relief including the cancellation of the disputed deed, restoration and confirmation of rightful ownership interests, damages related to the alleged conduct, and other remedies available under Florida law.

Cases like this highlight how complex modern real estate disputes can become, especially when family dynamics, public records, notarization procedures, and allegations of fraud intersect. These are not simple disagreements. Once title issues arise, they can quickly escalate into litigation involving multiple parties, financial institutions, and competing claims to ownership. real estate real estate 

If you are dealing with a disputed deed, unauthorized property transfer, title issue, or real estate fraud matter in Florida, contact one of our experienced attorneys at 305-570-2208.

You can also contact our team directly at: arianna@ayalalawpa.com      

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].