Can You Recover Legal Costs in a Florida Real Estate Litigation Case?

Real estate litigation can become expensive quickly. Between attorney fees, court filings, expert reviews, and other expenses, the cost of pursuing or defending a claim can add up significantly. This often leads to one main question: if you win your case, can you recover what you spent? In Florida, the answer depends on several factors, including whether a contract or statute allows recovery and whether the costs qualify under Florida law. In this article, we discuss when Florida law permits recovery of legal costs.

Florida Real Estate Litigation Case Example: Roberts. Third Palm, LLC

While winning a lawsuit doesn’t automatically guarantee reimbursement of every expense, Florida law allows a prevailing party to recover certain legal costs in many civil cases. Under Florida Statute § 57.041, a party that obtains a judgment may recover lawful costs and charges, which are then included in the judgment.

However, recovering costs isn’t always as simple as requesting payment after winning a case. The party seeking reimbursement must still show that the requested costs are appropriate and, if challenged, that they were reasonable and necessary.

A recent Florida case, Roberts v Third Palm, LLC, demonstrates how this works. The dispute involved a real estate agent and a developer. The agent claimed she was entitled to compensation for services and advice she provided related to a condominium development. The developer successfully defended against the claim, and the trial court entered a summary judgment in the developer’s favor.

After prevailing, the developer requested recovery of fees and costs. The trial court denied the request, but the developer appealed that decision. On appeal, the court agreed that the trial court had improperly denied the request for costs. The appellate court explained that under Section 57.041, a party who obtains a judgment is generally entitled to recover lawful costs. A court cannot deny those costs without a valid basis.

Additionally, the appellate court clarified that the amount and type of costs still matter. If the opposing party challenges whether the costs were reasonable or necessary, the party seeking reimbursement bears the burden of proving that the expenses were appropriate.

In this case, the developer submitted an affidavit identifying the costs they sought reimbursement for and stating that the expenses were reasonable, but the opposing party disputed those costs. The court determined that a hearing was necessary to evaluate reasonableness. The case was sent back to the trial court for further consideration.

Whether you are a property owner, developer, investor, or other party involved in a real estate dispute, understanding potential litigation costs is important from the beginning of a case. The possibility of recovering certain expenses can not only affect the litigation strategy but also the overall financial risks involved. Knowing these rules early can help you make informed litigation decisions.

Contact Us for Legal Help

If you are involved in a Florida real estate dispute, understanding your potential exposure to attorney fees and litigation costs is critical. Contact our Miami real estate litigation lawyer today at Valero Law by calling 305-607-7011 to discuss your options and protect your interests. We serve clients in Davie, Coconut Grove, Broward County, and Miami-Dade County.

Source:

scholar.google.com/scholar_case?case=7441933502171197196&q=Roberts+v+Third+Palm,+LLC&hl=en&as_sdt=4,10