Real Property Law

Damian & Valori LLP provides advice and advocacy to individuals and companies seeking to assert or preserve their rights in real property through litigation, including contract disputes and terminations, construction disputes, mortgage defense, refinancing services, foreclosure actions, securing and enforcing liens and real estate broker commission litigation.

If you entered into a pre-construction or pre-conversion contract for the purchase of real property, you may have the right to cancel that contract and have your full deposit returned to you. Let us assist you in terminating your contract and obtaining a return of your deposit. Click here to learn more about your rights.

If you entered into a mortgage with a low teaser rate that has now become unaffordable, you may have claims against your lender and/or mortgage broker, which may entitle you to monetary damages and possibly the right to rescind, or unwind, a mortgage loan. Let us assist you in pursuing predatory lending claims. Click here to learn more about your rights.

Real Estate Transactions

Damian & Valori, LLP also provides advice and transactional services to individuals and companies purchasing or selling residential and commercial real property. Our lawyers assist clients participating in traditional property sales on the open market and non-traditional sales in bankruptcy, receivership and foreclosure proceedings. We represent clients in all aspects of their real estate transactions, including contract negotiations, court approval, public and private auctions, title insurance and sale closings.

Representative Cases (click + to view the list)

Real Property Litigation Cases

Ron Whittle and Bill Frye v. Michael Blanchard, et al., Case No. 05-17068 CA 01, Eleventh Judicial Circuit in and for Miami-Dade County (representation of individuals defrauded by building owner and licensed realtor in connection with sale of apartment building).

PD Real Estate Holdings LLC v. William C. Haber, Case No. 08-113 AP, Appellate Division, Eleventh Judicial Circuit in and for Miami-Dade County, Case No. 06-1394 CC 24, County Court in and for Miami-Dade County, Florida (representation of landlord in landlord-tenant dispute over habitability of leased premises).

Adolfo Perez, et al. v. Metropolitan Miami-Dade County, Case No. 3D07-2890, Third District Court of Appeal, Trial Court Case No. 07-1888 CA 02, Eleventh Judicial Circuit in and for Miami-Dade County (representation of a group of homeowners against County’s claims to title of property).

Eric Girardin, B&G Group, LLC et al. v. TRG Harbour House, LTD., Case No. 07-08601 CA 40, Eleventh Judicial Circuit in and for Miami Dade County (representation of condominium purchasers in claims to enjoin sale of units or seek return of deposits).

Pentium Construction, Inc. v. Carpet Creations/Textile Assoc. Inc., Case No. 09-53844 CA 25, Eleventh Judicial Circuit in and for Miami-Dade County (representation of general contractor in foreclosing on construction lien).

Casa Grove Properties, LLC v. Pentium Construction, Inc., Case No. 09-21661 CA 23, Eleventh Judicial Circuit in and for Miami-Dade County (representation of general contractor in dispute over home construction contracts and warranties).

Knut Guenther v. Waterhouse International Development Corp., Case No. 06-13187 CA 04, Eleventh Judicial Circuit in and for Miami-Dade County (litigation and related arbitration related to breach of construction contract).

New Riviera Realty, Inc. v. South Beach Ocean Parcel, Case No. 02-17981 CA 01, Eleventh Judicial Circuit in and for Miami-Dade County (representation of developer in defending a claim seeking a real estate brokerage commission under the “procuring cause” doctrine).

Doral Common Corp. v. Shoma Development Corp., et al., Case No. 01-25436 CA 05, Eleventh Judicial Circuit in and for Miami-Dade County  (representation of homeowners association in proceeding to enforce a covenant running with the land against a developer).

In re the Arbitration Between Nicole Nicoletti and Antonio and Rozani Battiato (representation buyer in an arbitration action to recover her deposit regarding a real estate purchase and sale agreement where the buyer was unable to obtain financing).

Boca II Associates, Ltd. v. Opsis Technologies International, Inc., 15th Judicial Circuit, Case No. CA 02-005582-AJ (representation of landlord in prosecuting a commercial tenant eviction action).

Community Association Litigation

Harvey Hunter, et al. v. Sabal Chase Homeowners Association, Inc., et al., Case No. 08-64790 CA 22, Eleventh Judicial Circuit in and for Miami-Dade County, Florida (representation of Homeowners Association against vicarious liability claims arising from conduct of association treasurer).

James Falin v. Condominium Association of La Mer Estates, Inc. et al., Case No. 11-61903-COHN, United States District Court, Southern District of Florida, Ft. Lauderdale Division (representation of condominium association and Property Manager in jury trial of alleged violations of the Fair Housing Act arising from prospective tenants' request for emotional support dog).

Aurora Lopez v. Buckley Towers Condominium, Inc., Case No. 10-30173 CA 10, Eleventh Judicial Circuit in and for Miami-Dade County (representation of condominium association against claims of tortuous interference and breach of lease agreement).

Buckley Joint Venture, LLC v. Buckley Towers Condominium, Inc., Case No. 10-57957 CA 09, Eleventh Judicial Circuit in and for Miami-Dade County (representation of condominium association in mortgage dispute).

Farris Property Management, Inc. v. Aqua Lofts Homeowners Association, Inc., Case No. COSA-11007992, Seventeenth Judicial Circuit in and for Broward, County (representation of condominium association defending breach of contract claims).

James Falin v. Condominium Association of La Mer Estates, Inc., Case No. 11-CV-61903-Seltzer, United States District Court, Southern District of Florida (representation of condominium association defending claims under Fair Housing Act).

Vasershteyn et al. v. Biscayne Cove Condominium Association, Inc., Case No. 11-CV-24603-DLG, United States District Court, Southern District of Florida (defending claims under Fair Housing Act).

Moorings Real Estate, LLC v. Fifth Mooring Condominium, Inc., Case No. 11-09713 CA 06, Eleventh Judicial Circuit in and for Miami-Dade County (representation of condominium association defending claims for breach of recreational lease).

Herbert Rose v. Village of Kings Creek Condominium Association, et al., Case No. 98-10157 CA 13, Eleventh Judicial Circuit in and for Miami-Dade County (representation of current and former directors of a condominium association regarding claims brought by a condominium owner/former counsel for the association alleging breach of fiduciary duty, fraud, financial improprieties, and mismanagement. The representation included two interlocutory appeals, one of which resulted in a decision substantially limiting the liability of the condominium association’s current and former directors as a matter of law).