Real Estate

Experienced Guidance for a Diverse Range of Real Estate Challenges

At Rodriguez Law, P.L., we have both experience and an understanding of Florida real estate matters. Our strategy is to closely examine your transactions so you are protected from possible disputes, and then deliver solutions that work.

We cover the complete spectrum of residential and commercial real estate matters and serve a diverse clientele, from homebuyers to small businesses, to the owners of larger corporations. Whether you need assistance with a routine matter or need a strong courtroom advocate during high-stakes litigation, we’re here to serve you.

For a free initial consultation, contact Rodriguez Law, P.L. using our convenient online form, or call 305-262-8226 today.

To learn more about our Real Estate services, click the headlines below:

Foreclosure Defense

Anyone can lose their job or experience a financial setback that makes it impossible to maintain their monthly mortgage payments, but a default in your payments puts you at risk of losing your home to foreclosure. In a foreclosure, you essentially lose all of your rights to owning and living in your home because you haven’t been making your scheduled payments. A mortgage is a loan from the bank or lender. If they can’t get their money from you, then they will take back or “repossess” their right to the home—also known as a “foreclosure.” The good news is that it is possible to legally defend yourself against a foreclosure.

If a foreclosure has already been initiated, Attorney Ricardo A. Rodriguez and the team at Rodriguez Law, P.L. will strive for the best available outcome by:

  • Negotiating with your lender regarding mortgage modification
  • Advising you on alternative options such as short sales
  • Helping you apply for a court-ordered repayment plan through a Chapter 13 bankruptcy
  • Representing you in court
  • Negotiating a waiver of deficiency or cash for keys, or both options

Our goal is to keep you in your home or increase your chances of being able to stay in it.

Loan Modification

A loan modification is an agreement in which your lender consents to changing the original terms and conditions of your mortgage arrangement. Changes include, but are not limited to, a reduction in interest rate and/or the principal balance, or an extension of the repayment term.

We will apply our experience and knowledge of Florida law to maximize your chances for a successful modification. Let’s start the process of getting you a new payment amount and an interest rate that you can afford together!

Transactional – Residential & Commercial Closings
Whether you are a buyer or a seller, it is important that your rights and financial interests are protected during real estate transactions. We represent individuals throughout Miami-Dade and Broward in residential and commercial real estate and provide the following closing services:

  • Title examinations to ensure that there are no defects such as a judgment or lien on the property
  • Obtaining title insurance to protect you from any losses related to ownership
  • Conveying commercial and residential property and resolving any issues that arise
  • Paying off and discharging mortgages
  • Overseeing the payment of closing costs, lender’s fees, real estate taxes, utilities, realtor commissions, and transfer taxes
  • Distributing proceeds from the sale

In Florida, both title companies and attorneys who are closing agents can issue title insurance, and the cost is practically the same. The most important difference between a title company and an attorney closing agent is that only an attorney can give legal advice, whereas a title company cannot. By using an attorney, you have the benefit of consulting with your attorney on legal concerns or issues that may arise throughout the transaction. Basically, you get more bang for your buck, so why go anywhere else? In addition, there are other advantages to using an experienced attorney as your closing agent:

  • You have valuable legal representation throughout the entire transaction
  • An attorney can prepare any non-standard documents, create contract addenda, and make changes to standard documents to address property-specific issues
  • An attorney can provide timely legal advice if the survey or title search reveals a potential problem
  • An attorney can counsel you on your options for taking title to the property
  • If you’re buying a residential property, the fees are comparable with a title company
Landlord-Tenant Evictions

We represent owners and landlords of both residential and commercial properties when conflicts arise with tenants. Our firm can represent landlords in the eviction of tenants who are breaching their rental contracts or simply not paying the rent.

An uncontested eviction can be accomplished relatively quickly. If the tenant owes you back rent, we can help you seek a court judgment against them.

There are specific procedures for carrying out a tenant eviction and failure to follow them precisely can result in the case dragging on for months. We diligently follow all legally mandated steps to obtain the desired outcome for you. We can also assist you in avoiding future problems by reviewing your leases and recommending all necessary steps to protect your interests.

Real Estate Litigation

Rodriguez Law, P.L. excels at creative yet practical solutions for real estate disputes, but if negotiations fail, we can initiate litigation to help you protect your rights in circumstances such as:

  • Breach of a purchase or sale agreement
  • Breach of commercial leases and development agreements
  • Failure to disclose latent property defects
  • Real estate agent or broker fraud
  • Negligent design, planning, or construction
  • Insurance disputes
  • Disputes regarding adverse possession or easements
  • Environmental and compliance issues
  • Access disputes
  • Construction lien foreclosures

We can represent buyers, sellers, developers, brokers, landowners, condominium associations, and other parties who find themselves in the middle of a real estate challenge. We will explain what options are available to you, and guide you through the litigation process.

Business Purchases and Business Disputes

Buying a business involves a lot of major considerations, primarily maximizing value and minimizing risk. We have successfully engineered business purchases for several clients by developing strategies and result-oriented agreements that reflect their needs and goals.

When you buy a business, you need to decide whether you want to purchase its assets, such as facilities, equipment, and inventory, or limit your acquisition to company stock only. Each option has its advantages and disadvantages. For example:

  • Asset acquisitions allow you to specify which liabilities you are willing to assume. With a stock purchase, you may be buying into uncertain or unknown liabilities.
  • In a stock transaction, it is not necessary to re-title all company assets in your name. With asset purchases, everything has to be switched from the seller’s name to yours.
  • By buying assets, you bypass the problems that can arise when minority shareholders refuse to sell their shares. However, asset purchases cannot be treated as a tax-free reorganization for taxation purposes.
  • Stock transactions will normally be less complicated than asset purchases when the company only has a small number of shareholders.

In addition to advising you on the right purchase strategy for your goals, Rodriguez Law, P.L. will support the ongoing vitality of your business by helping you navigate any disputes that arise. Common types include:

  • Shareholder disputes: These disputes typically arise from matters like executive compensation, shareholder appraisal rights, minority shareholder rights, and alleged breach of fiduciary duty. If not resolved quickly, they can put the business at risk.
  • Operating agreement disputes: Operating agreements are intended to strengthen business stability, but putting one together can result in disputes over matters such as profit and loss allocation, recordkeeping, and decision-making processes.
  • Partnership disputes: Generally caused by a weak or nonexistent partnership agreement, these disputes typically involve financial obligations, disagreements on business objectives, or hiring strategies.

We can also assist you with contract review, business succession planning, and a wide range of other legal services associated with business transactions. When you work with us, you can count on personalized service and high-quality representation from start to finish.

Contract Disputes

A real estate contract spells out the terms and conditions of a property sale as well as any contingencies that have been agreed upon by both parties. If one or more terms are violated or one or more contingencies are not met, the contract is considered to have been legally breached. Although some contracts include a dispute resolution plan, this is not a requirement for all contracts. If you don’t include ahead of time in the contract how you’ll resolve a dispute, you may have to go to court, which can be costly and take a lot of time.

Rodriguez Law, P.L. helps clients resolve their disagreements in commercial and residential real estate matters, such as:

  • Breach of contract, especially purchase agreement issues
  • Misrepresentation of a property in sales document
  • Contractor and subcontractor disputes
  • Construction defects
Short Sales

A short sale is the sale of real property that is encumbered by one or more mortgages with loan amounts exceeding the property’s market value. In a short sale, the seller’s mortgage holder (the lender) must approve the sale of the property before it is sold. It is an option for homeowners who are unable to meet their mortgage obligations. Once an agreement is reached and the lender consents to a waiver of any deficiency, the homeowner may be released from their mortgage and its associated debt.

Short sales can be a complicated process, with hurdles that are difficult to overcome alone. At Rodriguez Law, P.L., we will assist you by:

  • Negotiating a short sale acceptance on your behalf
  • Advising you of all associated risks and benefits
  • Helping you explore all possible foreclosure defense options
  • Facilitating a short sale that protects your rights

Once the sale is completed, you and your family will be able to move on to a more positive future.

Developer Services

We also provide a complete range of services to real estate developers of residential, commercial, and industrial properties. They include:

  • Preparation and review of purchase contract and disclosure statements for office buildings, condominiums, shopping malls, subdivisions, and other large-scale projects
  • Preparation, negotiation, and review of covenants, easements, site servicing agreements, and rights of way arrangements
  • Drafting and finalizing notes and mortgages

If a developer needs to file a construction lien to secure payment for their work, we can assist you throughout the process by issuing a Notice of Commencement, which advises parties who have worked on the property as to who they must give notice to in order to be paid, and recording it in the public records of the county where the property is located. Then we have the construction lien filed for you, in accordance with all deadlines and procedural requirements.

As a real estate developer, you have a lot of responsibilities. Let Rodriguez Law, P.L. provide the legal guidance and support you need to focus on project development and completion.