An Experienced And Trusted Advocate

A Miami Attorney Well-Versed In Real Estate Litigation And Transactions

All parties to a real estate deal have a substantial vested interest. The morass of state and federal regulations governing real estate transactions add to the high-stakes complexity.

Gherman Legal is a Miami litigation firm that assists clients in the sale and purchase of commercial property or high-end residential property. Sergiu Gherman is also a veteran trial lawyer who can forcefully and faithfully represent owners, buyers, landlords and lenders in real estate litigation.

Sophisticated Counsel And Representation In South Florida Real Estate Disputes

Mr. Gherman has practiced law in Florida since 2006, and a significant portion of his litigation practice is concentrated in real estate law. He can knowledgeably address all types of disputes relating to the sale and purchase of residential and commercial property, including:

  • Breach of contract at any phase of real estate transactions
  • Fraud or misrepresentation by sellers, brokers or agents
  • Commercial lease disputes and renewals
  • Sales of homes and condominiums
  • Foreclosure actions
  • Constructive foreclosure
  • Disputes with lenders

Sergiu will help you triage your dispute, explaining your rights and remedies under the law and advising on the best course of action. He is adept in negotiations, mediations, arbitration and courtroom litigation, with a track record of good outcomes for his clients. The key to his success is his meticulous attention to detail, the close relationships he forms with clients to understand their situation and their goals, and his wisdom from litigating a multitude of cases before judges and juries.

Real Estate Foreclosures

Foreclosure plays an important role in the real estate market. Nonetheless, foreclosure plays even a more important role in people’s lives who are affected by the process itself – on both sides of those proceedings.

Depending on the facts of each case, a foreclosure process can last from a few months to a couple of years in extreme cases. In most cases, a foreclosure can be accomplished in six to eight months. Foreclosures of homestead and residential properties are ordered to mediation. The process for nonresidential foreclosures, condominium foreclosures, commercial foreclosures, and mechanics lien/construction lien foreclosures differs from the residential/homestead process and follows a traditional judicial path, which is somewhat faster.

Generally, the foreclosure suit is resolved at the summary judgment stage, about five months after filing of the complaint, and without an actual trial. Clerk’s sale follows within 30 to 60 days, then in a few weeks the clerk issues certificate of sale and then issues certificate of title. If at that time someone still resides at the property, a request for [a writ of] possession can be made. Once the writ is issued, the sheriff can knock on the door of the foreclosed property and ask the residents out.

Landlord-Tenant Disputes And Evictions

Fluctuations in the Floridian economy drive the ebbs and flows of occupancies. Opportunities to make money in the real estate galore; so do the pitfalls. Gherman Legal helps to wind and unwind the deals, leases and contracts, whether by a settlement or suit. Landlord-tenant disputes are tense. Cool-headed and commercially sensible proposals may settle quarrels. Regardless, timing is of great importance when it comes to compliance with the valid provisions of a lease.

In the vast majority of cases, commercial lease terms will govern the relationships between landlord and tenant, even when the lease seems unfair or unreasonable. A “standard” form lease never exists in a traditional marketplace. Negotiate everything!

Should you be served with eviction papers, talk to an experienced real estate attorney without delay. If you do not timely respond and act, then you and/or your business may lose important rights.

Evictions vary in complexity, but the process for uncontested evictions is fairly uniform in South Florida. Post a 3-day or 7-day notice and wait the proper time to pass, not including weekends and holidays. File a complaint for eviction in a court of competent jurisdiction. Serve tenant with summons and wait five days for an answer. If there is an answer, then the eviction is contested and the suit will depend on the substance of the answer. If there is no answer, then apply for clerk’s default and then apply for a final judgment with a request for issuance of a writ of possession. Once the clerk issues the writ, schedule with the local sheriff for execution and removal of the tenant from the property. Indeed, if there is an answer, the lawsuit can turn sideways and be complex. Due to the importance of timing in litigation, consult an attorney so as not to lose important rights.

Constructive Eviction

A landlord or landlord’s representative’s act(s) of making premises unfit for occupancy, after notice of objection from tenant, causing the tenant to leave the premises, may constitute constructive eviction. Such an eviction usually results from a breach of the covenants of warranty and quiet enjoyment. While it is not necessary that municipal authorities declare the leased premises uninhabitable, such declaration may assist in the proof that a landlord’s failure to properly maintain the premises constitutes constructive eviction.

What may or may not constitute constructive eviction is a fact-intensive inquiry that varies from case to case. For example: Landlord’s interference with a tenant’s right of ingress and egress to a building may constitute constructive eviction; Landlord’s changing the locks on the rented premises where tenant maintains a business may constitute constructive eviction. However, landlord’s statutorily defective notice to pay rent or get out does not amount to constructive eviction; same with the incidence of criminal activity in the neighborhood.

Protect Your Investment With High-Caliber Legal Representation

Gherman Legal has a reputation across greater Miami for skilled advocacy, first-class service and professional integrity. To discuss your residential or commercial real estate matter directly with trial lawyer Sergiu Gherman, call the downtown Miami office at 305-390-1945 or reach out online to make arrangements.