Real Estate Law

When it comes to your real estate legal needs, choosing the right law firm is essential. At Marecki Law Firm, we have the knowledge, experience, and dedication to protect your interests and ensure successful outcomes.

When you hire us, our experience becomes your experience. We can guide you through a variety of residential and commercial real estate actions, including:

• Quiet Title Actions: If someone is claiming title to your property you must do a quiet title lawsuit to have a Court determine you the rightful owner of the property. Chapter 65 of Florida Statutes allows us to file a suit against respondents (those claiming title against you) and have the Judge enter an order naming you as title holder. You can then sell, encumber, or borrow on the property as you, the title holder, see fit.
• Escrow Disputes in Sales Contracts: When someone attempts to buy a home in Florida, more likely than not the Sales Contract is a FAR-BAR Contract, that will have the buyer put down a deposit (typically 10% of the purchase price). This deposit is to show that the Buyer is serious about purchasing the property. If a Buyer defaults on the contract, then the Seller keeps the deposit as a form of liquidated damages. However, this retention of the deposit can only be done if the Buyer is in breach—what constitutes a breach is surprisingly difficult to both argue and understand, as the law is complex. That’s where we come in. Many times, we have either got a deposit for a seller that the seller would have never have imagined retaining, or got back a deposit a buyer thought was long gone (e.g. $80,000, $90,000 deposits).
• Specific Performance: When a seller refuses to sell a property that the Seller agreed to sell vis a vis a signed contract, then we take them to court and have a Judge determine that the sale must go forward. This type of action is known as a Specific Performance Lawsuit and is typically only allowed to be done in residential, not commercial, property purchases. If you are a buyer and this has happened to you, we have been able to reach a settlement for every single specific performance that we have taken so far as a firm. Further, if the interest rate has gone up since the original deal fell through, we can have the Judge order the Seller to pay for a buy down of points at the new closing.
• Title Policy Disputes: If you are buying a home here in Florida, and if you are out of the inspection period of your contract, but still want to get out—then, a timely title policy objection may save you. Alternatively, if you are a seller wnho is facing a title objection from a buyer, it is critical for you to get the exception taken off the Policy, as failing to do so may result in the deal being terminated with the escrow deposit going back to the Buyer. We know from thousands of closings what can and cannot be on a policy and how the operation of objecting works. There’s a reason most States require an attorney for closings, Florida does not. Further, a real estate agent in Florida does not necessarily understand title and therefore may simply not make the best agent for your title needs. Call us for any title issue.
• Contract claims for Lenders, buyers, and sellers: Contract law is one of the largest bodies of law that exist. The rules, exceptions, and exceptions to exceptions in any contract are nearly innumerable. We have litigated contract disputes based on LLC Operating Agreements, Commercial Business Acquisitions, Personal Property purchases, Real Property purchases, Leases, Securities Agreements, Listing Agreements, Service Agreements, etc. Our strength here at The Marecki Law Firm is litigating contract claims. Our understanding of the claims and defenses of any contract dispute is world class; supported by decades of working with hundreds of thousands of contracts. If you feel like you have been wronged or don’t have an out call us so that we can discuss your options.
• Landlord-Tenant Disputes: Florida Statute 82, Chapter II, governs residential landlord-tenant issues. The Statute is strictly construed, meaning that if you can present an argument from the statute in Court, it is considered controlling. We know Fla. Stat. 82 better than anyone; last year alone we represented over 233 tenants. We have also represented numerous landlords— using our defense experience, we are capable, on average, of getting a tenant evicted within a month. Our eviction time exceeds the national average of 4-6 weeks.
• Commercial Landlord-Tenant Disputes: We have defended and evicted hundreds of commercial tenants. Florida Statute 82, Chapter I, governs commercial landlord tenant issues. The Statute is strictly construed, meaning that if you can present an argument from the statute in Court, it is considered controlling. Florida Statute 82, Chapter I provides few protections for tenants and regularly defers to the parties’ lease as the controlling document for most commercial landlord-tenant disputes. Therefore, if you are involved in a commercial landlord-tenant dispute, it is imperative to get attorneys like us, who have experience litigating contract claims (please see our contract claims section above).
• Security Deposit Prosecution and Defense: Fla. Stat. 83.49 governs residential security deposits. If a landlord does not follow every instruction laid out in Fla. Stat. 83.49, no matter how small, then the landlord has violated the statute and the tenant is owed their entire security deposit back, plus attorney’s fees and costs. Our firm is so confident in our ability to get your deposit back that we take Security deposit cases contingent. Meaning you don’t pay us; your landlord pays us when we win.
• Foreclosures: The Marecki Law Firm is the exclusive foreclosure law firm for Gold Leaf Capital, LLC, a hard money lending syndicate which lends hundreds of millions of dollars a year. Because of our professional relationship with hard money lenders, we prosecute foreclosures regularly; however, we have also helped those that need to stay or defend foreclosures. We use our prosecution background as a basis of knowledge to help those facing foreclosure. There is always hope with a foreclosure, and we can work together to conquer wrongful charges or create a plan to prolong your time in your house.

Every property is unique – and so are our clients’ needs. Marecki Law Firm is dedicated to protecting your interests and meeting your real estate goals. Contact us for your free consultation.