Miami-Dade County Escrow & Closing Dispute Lawyers

Also Serving Clients in Palm Beach & Broward Counties

Unfortunately, buying or selling real estate does not come without risks. While both parties want the real estate transaction to proceed smoothly and be finalized successfully, situations can occur where issues arise in the process that can result in disagreements, disputes, and a failed contract. Fortunately, these disputes are not the norm. However, when they occur, substantial sums of money may be at stake. 

Having an experienced real estate lawyer in your corner who is thoroughly versed in the complexities and sophistication of real estate purchase and sales contracts is highly recommended. A competent lawyer can help you avoid these disputes as well as resolve any that arise. At Revah Law, our real estate team of seasoned attorneys has handled thousands of cases related to all aspects of real property in Florida. We can help you navigate issues and disputes during escrow and the closing of your deal. We represent both buyers and sellers of residential and commercial properties.

Discuss your situation with a Miami-Dade County escrow and closing dispute attorney during a free case evaluation by contacting Revah Law at (888) 218-4125. 

Disputes in Real Estate Closings in Florida

Disputes in escrow and real estate closings typically occur over the release or distribution of the funds held in an escrow account. The buyer’s “earnest money” is generally held by a third party, the escrow company. This money is what the buyer puts forth to indicate a commitment to the deal. It is a standard feature in most transactions and is typically one or two percent of the purchase price although it may be negotiated between the parties. 

Should the transaction fail, these funds can become a matter of dispute between the parties, with both sides claiming they are entitled to it. This situation may be resolved where a standard contract is in place that details all escrow terms and conditions, including those regarding earnest money funds. This is where an attorney can guide you in navigating this problem.

Causes of Closing Disputes

Various situations can cause disputes in a transaction, such as:

• Breach of contract: If one party believes the other has breached the terms of the contract, they may refuse to release the escrow funds.
• Disagreement over property condition: If a disagreement arises about the property's condition at the time of closing or if certain repairs have not been completed, it could lead to an escrow dispute.
• Title issues: If there are unresolved title issues or liens on the property, it may result in a dispute over the release of escrow funds.
• Misrepresentation or fraud: If either party is found to have misrepresented material facts or committed fraud during the transaction, it may cause a dispute and a failed sale/purchase.

Options for Resolving Disputes

Various remedies are available to resolve disputes, such as:

• Negotiation: The parties involved in the dispute can try to negotiate a resolution and come to an agreement regarding the release of escrow funds.
• Mediation: A neutral third party, known as a mediator, can help facilitate communication between the parties and guide them toward a mutually acceptable resolution.
• Arbitration: In this process, an arbitrator (or panel of arbitrators) listens to both sides of the dispute and makes a binding decision on how the escrow funds should be distributed.
• Litigation: If all other remedies fail, the parties may choose to file a lawsuit and have a court decide the outcome of the dispute.

How Revah Law Can Help Resolve Disputes

At Revah Law, our team can help you avoid such disputes with a thorough review of your contract to identify any potential issues that could lead to conflict. We can then negotiate on your behalf to revise or add to the contract to protect your interests. 

Should you be facing such a dispute, we can negotiate with the other party on your behalf to reach a resolution or represent you in alternative resolution methods, such as mediation or arbitration. Once any agreed-upon resolution has been secured, we can ensure that it is properly documented and executed. Finally, should it be necessary to litigate, we can represent you in court with a well-prepared case. 

Our priority is to help you make informed decisions, protect your rights and interests, and to help you achieve your goals in buying or selling property.