Legal Malpractice Resulting From Land Use Restrictions
In real estate transactions, attorneys are expected to look after their clients’ interests. When attorneys fail to advise clients of land use restrictions and resolve these issues, clients may suffer significant losses. Seemingly valuable real estate can quickly become a substantial liability.
At the Florida law firm of St. Denis & Davey, we hold attorneys accountable when they make mistakes. Our Florida legal malpractice attorneys provide experienced representation for clients pursuing legal actions against attorneys who have made costly mistakes.
When Nondisclosure Of Land Use And Zoning Restrictions Results In Malpractice
When a lawyer fails to address land use restrictions before a real estate transaction is complete, the financial consequences can be severe. Problems may lead to costly litigation or leave the property entirely inadequate for its planned uses. Examples of land use restrictions can include:
- Local zoning restrictions may prevent land from being used for its intended purposes. Depending upon the nature of the neighbors and their interests, the zoning regulations may be nonnegotiable after the real estate transaction is complete.
- Easements held by adjoining property owners may prevent the owner from fully developing the property. If an attorney fails to fully trace the title and remove any easements, the easement owner may be able to limit new developments and changes to the property.
- When land is purchased, water use rights may not inherently be a part of the agreement. These rights may be critical for a business, but may be unavailable if an attorney has failed to secure the rights.
In the best-case scenario, addressing the land use restrictions after a transaction has closed may be costly and time-consuming. In many cases, the restrictions cannot be lifted, rendering the property entirely useless for its intended purposes.
With the current downturn in the real estate market and rapidly falling property values, businesses have limited options. A company may hold onto property in the hope of a market recovery, or sell the property at a loss. None of these options are as favorable as avoiding the real estate purchase entirely.
Contact Us For Help With A Real Estate Transaction Negligence Lawsuit
Contact our offices today to discuss your legal concerns related to real estate title issues or the nondisclosure of land use restrictions. With an office in Jacksonville and availability for consultations, we serve clients throughout Florida.
To schedule an initial consultation to discuss your potential legal malpractice claims with an experienced malpractice lawyer, contact us through email or call us at 1-800-785-2153.