Legal Question in Real Estate Law in Florida
Form to file a Lis Pendens
A major builder is not going to pay
my commission for precuring 2 sales
which will close this August, 2007.
I want to file a Lis Pendens but can't find the form.
2 Answers from Attorneys
Re: Form to file a Lis Pendens
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You must be very careful in what you are planning on doing. A Lis Pendens can only be filed in conjunction with a lawsuit filed which affects the real property. You cannot file one without the lawsuit at the same time or else you can be sued for disparaging the title to the property.
Instead of this course of action, you should retain an attorney to write a letter on your behalf making a claim for your commmission. If the builder fails to pay a duly earned commission, then you can file suit for damages under various grounds, none the least of which is breach of contract if you have a written agreement providing for the commission.
Scott R. Jay, Esq.
Re: Form to file a Lis Pendens
Every court library has forms.