Attorney Eliot Dempsey and the Dempsey Law Firm provide expert guidance on the wide-ranging complexities of Florida real estate law, which governs property ownership, transactions, and disputes. Florida recognizes multiple forms of property ownership, including sole ownership, tenancy in common, joint tenancy with right of survivorship, and tenancy by the entirety—a form available only to married couples that offers strong creditor protection. For any deed to be legally enforceable, it must be in writing, properly executed, and recorded in the public records.

The firm also assists clients in navigating Florida’s homestead laws, among the strongest in the nation, which play a pivotal role in real estate matters. Homestead protections shield a primary residence from most creditors, limit annual property tax increases under the Save Our Homes cap, and impose restrictions on how property may be devised in a will when a spouse or minor child is involved. Homestead status further affects taxes, probate proceedings, liens, and foreclosure actions, making it a central consideration for anyone dealing with Florida real estate. With the guidance of Attorney Eliot Dempsey and the Dempsey Law Firm, clients can confidently manage these protections and ensure their property interests are fully safeguarded.

The buying and selling of real estate in Florida is governed by general contract law, with most residential transactions utilizing FAR/BAR standard contracts. Sellers are legally required to disclose all known material defects affecting the property, even if the buyer does not specifically ask. Failure to disclose or fraudulent misrepresentation can result in rescission of the sale or monetary damages.

Real estate brokers and agents in Florida are regulated by the Florida Real Estate Commission (FREC). Licensing is mandatory, and agents owe duties to their clients that include honesty, loyalty, disclosure, and proper accounting of funds. Violations of these duties may result in disciplinary action, including fines, suspension, or revocation of a real estate license.

Landlord–tenant relationships are governed by Chapter 83 of the Florida Statutes. These laws address security deposit handling and notice requirements, establish strict eviction procedures, and require landlords to maintain habitable premises. Florida law also prohibits self-help evictions, such as changing locks or shutting off utilities, regardless of the circumstances.

Homeowners’ associations, condominiums, and cooperatives are regulated under separate statutory chapters. HOAs fall under Chapter 720, condominiums under Chapter 718, and cooperatives under Chapter 719. These laws govern assessments, liens, board authority, owner rights, access to records, and election disputes, creating a detailed regulatory framework for community associations.

Construction and contractor disputes in Florida are primarily governed by the Construction Lien Law in Chapter 713. Contractors, subcontractors, and material suppliers may place liens on property for unpaid work, but must strictly comply with notice and timing requirements. Defective construction claims often involve a combination of contract law and negligence principles.

Florida is a judicial foreclosure state, meaning lenders must file a lawsuit to foreclose on a property. Homeowners are entitled to assert legal defenses and may have redemption rights before the foreclosure is finalized. In some cases, lenders may seek a deficiency judgment if the foreclosure sale does not satisfy the debt.

Zoning and land use matters are largely controlled by local governments through zoning ordinances, permitting processes, and code enforcement. While state law still applies, cities and counties have significant authority over land use approvals, variances, and development regulations.

Attorney Eliot Dempsey and the Dempsey Law Firm emphasize that Florida law imposes strict statutes of limitations on real estate-related claims. Generally, written contract actions must be filed within five years, oral contract claims within four years, property damage claims within four years, and most construction defect claims within four years, with only limited opportunities for extension. Navigating Florida real estate law can be particularly challenging due to its procedural complexity, reliance on case law, and strict deadlines, where even minor errors can result in the loss of otherwise valid claims. The Dempsey Law Firm provides experienced guidance to ensure these critical deadlines are met and clients’ rights are fully protected.