Escrow and Earnest-Money Deposit Disputes

An escrow deposit can quickly become the focus of a dispute when a Florida real estate transaction fails.

A buyer may contend that a financing, inspection, title or other contractual provision permitted cancellation and return of the deposit. A seller may contend that the buyer defaulted and the seller is entitled to the funds.

Meanwhile, the escrow holder may be unable to release the deposit while competing demands remain unresolved.

Mediation gives buyers and sellers an opportunity to evaluate the contract, deadlines, notices and litigation risks while considering an agreed release or allocation of the funds.

Failed Closings and Real Estate Contract Disputes

Not every failed transaction needs to end with the parties walking away or litigating the dispute through trial.

Disputes can involve financing, inspections, repair obligations, appraisal issues, title problems, closing extensions, contractual notices, seller disclosures, contingencies, default, damages or specific performance.

A buyer may still want the property but require additional time, repairs or a credit. A seller may prefer revised closing terms rather than placing the property back on the market.

Mediation creates a setting in which those transaction-specific alternatives can be negotiated.

Easement and Access Disputes

Easement disputes can affect something as basic as the ability to reach, use, maintain or develop real property.

Conflicts may concern shared driveways, private roads, waterfront access, utilities, drainage, maintenance responsibilities or the scope of an easement.

Litigation may determine whether an easement exists and its legal scope. Mediation can allow the owners to negotiate more detailed practical terms involving location, width, gates, permitted uses, maintenance, utilities or relocation.

Boundary and Encroachment Disputes

Boundary disputes frequently begin when a survey shows that a fence, driveway, landscaping, retaining wall, accessory structure or other improvement crosses a property line.

Other disputes involve conflicting legal descriptions, deeds or historical surveys.

Mediation may allow the parties to use survey and title evidence to negotiate a boundary-line agreement, easement, relocation of an improvement, compensation, property transfer or another practical solution.

Title and Ownership Disputes

Property may become difficult to sell, finance or develop when title or ownership is uncertain.

Issues may include conflicting deeds, incorrect legal descriptions, unreleased interests, competing ownership claims, inheritance issues or other clouds on title.

Some title problems require judicial relief. Other disputes may contain issues capable of negotiated resolution, particularly when parties can execute corrective documents, release competing claims or agree on financial terms.

Hidden Defects and Seller Disclosure Claims

Some disputes arise only after the real estate closing.

Buyers may discover water intrusion, structural problems, drainage issues, unpermitted work, code problems or other conditions they contend should have been disclosed.

These cases can involve difficult questions concerning knowledge, disclosure, causation and damages, as well as competing repair estimates and expert opinions.

Mediation allows those uncertainties to be evaluated while the parties consider repairs, monetary payments or other negotiated solutions.

Learn more about Florida hidden-defect and Johnson v. Davis claims .

Partition and Co-Owner Property Disputes

Real estate conflicts do not always involve a buyer and seller. Family members, investors, unmarried couples, business partners and others may own property together and later disagree about what should happen to it.

Mediation may allow co-owners to negotiate an agreed sale, buyout, refinancing timetable, allocation of expenses, credits for improvements or another ownership exit rather than having every issue determined through litigation.