Real Estate Litigation Attorneys in St. Augustine & Northeast Florida

Protecting Your Property Rights with Experience and Strength

Real estate is often your most valuable asset—whether it’s your family home, a vacation property, or a multimillion-dollar commercial investment. Unfortunately, real estate disputes can threaten ownership, reduce property value, or delay crucial transactions.

At St. Johns Law Group, St. Augustine’s largest and most experienced law firm, our real estate litigation attorneys represent homeowners, buyers, sellers, investors, landlords, tenants, HOAs, developers, and businesses across Northeast Florida. With over 250 years of combined legal experience, we have the resources, courtroom skill, and local knowledge to protect your rights and achieve favorable outcomes in property disputes.

Unlike a title company or transactional agent, our firm combines transactional real estate services (contracts, closings, title, zoning) with litigation strength. That means we don’t just process paperwork—we step in and fight when deals fall apart.

Common Types of Real Estate Litigation We Handle

Breach of Real Estate Contract

A signed real estate contract is legally binding. When one party fails to perform, the other may face financial loss. Common breaches include:

• Buyers refusing to close despite meeting conditions

• Sellers backing out of valid purchase agreements

• Failure to meet inspection, appraisal, or financing contingencies

• Disputes over earnest money deposits

How we help: We pursue remedies including specific performance (forcing the sale), contract termination with damages, or return of deposits.

📌 Related Service: Contract Review & Closing Attorney

Boundary Disputes & Encroachments

Even small strips of land can cause major legal battles. Common disputes involve:

• Fence lines crossing onto neighbor property

• Encroachments of driveways, garages, or additions

• Survey discrepancies between deeds

• Claims of adverse possession

How we help: We work with licensed surveyors and title professionals to establish legal boundaries and pursue court remedies when negotiations fail.

📌 Explore further: Boundary Dispute & Easement

Easement & Right-of-Way Conflicts

Access rights can be essential for residential, commercial, and agricultural properties. Disputes often involve:

• Blocked driveways or private roads

• Disagreements over implied or prescriptive easements

• Utility easement misuse or denial of access

How we help: We litigate easement rights, negotiate modifications, and seek injunctive relief to restore legal access.

Construction & Development Disputes

Real estate development is high stakes—and litigation is common. We represent developers, contractors, and property owners in disputes over:

• Construction defects

• Delays in delivery or completion

• Developer obligations in subdivisions or condo projects

• Zoning or permitting denials

📌 Related Service: Construction Litigation and Land Development & Zoning

Quiet Title Actions & Title Defects

A “clouded” title can prevent you from selling, refinancing, or developing property. Title defects may arise from:

• Unreleased liens or mortgages

• Missing heirs or prior owners asserting rights

• Errors in deeds or legal descriptions

• Tax deed or foreclosure sale issues

How we help: We bring quiet title actions to remove defects, clear ownership records, and restore marketable title.

📌 Related Page: Quiet Title Attorney

Fraud, Misrepresentation & Hidden Defects

Florida law, under Johnson v. Davis, requires sellers to disclose known material defects. Litigation may arise when:

• A seller conceals roof leaks, foundation issues, or flood damage

• Realtors misrepresent property condition

• Buyers discover undisclosed structural or code violations

How we help: We file claims for damages or rescission, and defend sellers falsely accused of fraud.

📌 Learn more: Hidden Defects & Johnson v. Davis

Landlord–Tenant Litigation (Residential & Commercial)

Lease disputes can cost property owners and tenants significantly. We represent both sides in cases involving:

• Lease enforcement or early termination

• Security deposit claims

• Non-payment of rent and eviction

• Unlawful detainer actions

📌 Explore further: Landlord–Tenant Law

HOA & Condo Association Disputes

Homeowners and associations often clash over:

• Assessment collections

• Covenant enforcement

• Maintenance responsibilities

• Architectural control or use restrictions

Our attorneys handle both HOA representation and homeowner defense, giving us a unique perspective in these disputes.

📌 See also: HOA & Condo Association Attorney

Why St. Johns Law Group for Real Estate Litigation?

• Full-Service Firm Advantage: Our attorneys draft contracts, close transactions, and litigate disputes. That continuity prevents mistakes and strengthens your case.

• Local Knowledge: Decades of experience in St. Johns, Flagler, Duval, Clay, Putnam, and Nassau Counties means we understand regional courts, zoning boards, and property issues.

• Trial-Tested Lawyers: We are prepared to negotiate, mediate, or try cases in court—depending on what best serves your interests.

• Largest Law Firm in St. Augustine: With 12 attorneys, we staff cases efficiently and match clients with the right legal talent.

📌 Related Resource: Closings & Title Services

Case Examples

• Boundary Line Dispute Resolved: Represented a St. Augustine Beach homeowner against a neighbor encroachment; obtained judgment confirming boundary based on legal survey.

• Hidden Defect Claim: Represented a buyer who discovered extensive water damage concealed by the seller; secured damages under Johnson v. Davis.

• Commercial Lease Litigation: Defended a landlord in a Palm Coast commercial eviction dispute, achieving settlement that minimized losses.

Areas We Serve

We represent clients across Northeast Florida and beyond:

• St. Johns County: St. Augustine, Nocatee, Ponte Vedra, Silverleaf, Julington Creek, St. Augustine Beach

• Flagler County: Palm Coast, Flagler Beach, Hammock Dunes

• Duval County: Jacksonville, Jacksonville Beach, Mandarin, San Marco

• Clay County: Fleming Island, Green Cove Springs

• Putnam County: Palatka, East Palatka

• Nassau County & Southern Georgia (select cases)

Meet Our Real Estate Litigation Team

• Douglas N. Burnett – Founder; over 25 years in land use, real estate, and complex litigation.

• Hillary Mesa – HOA & Condo Association lawyer with extensive experience litigating community association matters.

• Shaun Saliba – Experienced construction litigator, boundary dispute and quiet title attorney with trial wins.
• Alex Nunchuck – Experienced litigator handling contract disputes, foreclosure actions, and property damage cases.

FAQs About Real Estate Litigation

What is the most common type of real estate litigation?
Contract disputes are the most frequent, but title defects, boundary disputes, and hidden defect claims are also common.

Can real estate disputes be resolved without going to court?
Yes. Many cases are resolved through negotiation or mediation. Our attorneys pursue litigation only when it is necessary to protect your rights.

What is a quiet title action?
It is a lawsuit asking a court to “quiet” or resolve competing claims to a property’s title, clearing ownership for the rightful owner.

What happens if a seller fails to disclose defects?
Under Johnson v. Davis, buyers may sue for damages, rescission of the sale, or both.

Do you represent both landlords and tenants?
Yes. Our balanced experience makes us strong advocates in commercial and residential landlord–tenant disputes.

📞Call St. Augustine Real Estate Litigation Attorneys

📞 Call 904.495.0400 or email info@sjlawgroup.com to schedule a consultation with our litigation team.

We combine transactional knowledge and litigation strength to resolve real estate disputes efficiently and effectively.