Stuart Lawyers Provide Comprehensive Counsel on Real Estate Issues
Accomplished Florida firm advises on residential and commercial properties
The real estate attorneys of McCarthy, Summers, Wood, Norman, Melby & Schultz, P.A. have extensive experience assisting businesses and individuals in a full range of matters associated with Florida residential and commercial real estate. From our office in Stuart, we offer informed guidance on land transactions to clients on the Treasure Coast, in the Palm Beaches and other locations in the state. Founding shareholders Terrence P. McCarthy and Robert Summers are board-certified in real property law by the Florida Board of Legal Specialization and Education. If you require advice on a real estate purchase or sale, a financing arrangement or a property dispute, our firm will handle your case with the highest levels of skill and professionalism.
Effective Treasure Coast advocates handle land purchases and sales
You can rely on us to advance your interests effectively during the acquisition, sale and financing of all kinds of properties, including:
- Private residences, including apartment complexes, townhouses and condominiums
- Shopping centers, restaurants and retail outlets
- Industrial sites
- Office buildings
- Vacant parcels
Our real estate lawyers assist in every task associated with buying and selling property, such as:
- Document drafting and review
- Negotiating terms of transactions and loans
- Resolving disputes through negotiation, mediation and litigation
- Managing the closing process
- Outlining potential land use and legal considerations
- Reviewing disclosure statements and other relevant materials
There are many potential pitfalls in property transactions. Whether you are buying your dream house, selling units in a condominium development, striking a deal for a business site or acquiring property for development, you need legal representatives who are informed about all applicable laws and diligent about researching the particulars of your transaction.
What remedies are available for a breach of a real estate contract?
Many clients wonder what happens if they execute a real estate contract and the other party violates the terms. Naturally, the remedy depends on the nature of the breach. Contract remedies include:
- Declaratory judgment — When parties disagree about what a contract obligates them to do, they can go to court and get a declaration as to the meaning of any disputed terms.
- Reformation — Should a contract be found not to accurately reflect what the parties contemplated was being promised, the court can rewrite the agreement reflect the authentic intentions of the parties.
- Damages — A breaching party is liable for any foreseeable losses to the nonbreaching party triggered by a contract violation. However, the allegedly victimized party to prove actual losses before being compensated.
- Liquidated damages — Real estate contracts often include a schedule of payments that must occur if one party fails to perform its contractual duties. The nonbreaching party only has to prove non-performance, not actual damages. However, the amount of liquidated damages cannot be so onerous that it goes beyond reasonable compensation and actually punishes the party who is in breach.
- Specific performance — This remedy may be appropriate when a seller reneges on a deal. Since real estate is a unique commodity, a court is more likely to order a seller to perform under the contract (i.e. deliver the parcel to the buyer) than if the contract were for the sale of goods or other generic items.
No matter how the dispute started, our attorneys strive to find creative ways to bridge the gap between parties to real estate contracts in order to safeguard our clients’ interests.
Contact a thorough real estate lawyer serving the Treasure Coast and the Palm Beaches
McCarthy, Summers, Wood, Norman, Melby & Schultz, P.A. in Stuart handles a wide array of legal matters pertaining to Florida real estate transactions and litigation. For advice on your situation and options, please call 772-286-1700 or contact us online.