Legal Question in Real Estate Law in Florida
In a tenant in common real estate agreement, my partner is not consulting me about his dangerous use of the property, including drunken parties, keeping of livestock, dumping trash etc.. What should I do to avoid a possible PI suit from an injured party and how do I stop him from using the land as a dumpsite?
I would like to file a partition suit but the attorneys who have responded want a forty percent contingency agreement. This seems outragous when you consider the facts. The filing, service fees etc. will only be $275.00 up to the first hearing. The land cannot be divided since doing so would mean it could never be built on. Therefor I would be left with 35 acres of land, too small to farm or ranch, essentially worthless. I have filed this suit once before, (2008 ca42 Okeechobee county Beasley vs Beasley) I was forced to release my attorney after he failed to show up for court. I negotiated a settlement with the respondent in which he agreed to sell but the sale price was to high. After I had the case voluntarily dismissed he refused to lower the price or negotiate further. I got scammed. However this shows his understanding of his impending loss should the case be sent to the three person panel that the statute describes. Its a slam dunk. I am willing to pay a reasonable fee but forty percent will not happen. This is a small amount of paperwork and perhaps two court appearances. Ten or fifteen thousand sure but forty, fifty, or more is not reasonable.
1 Answer from Attorneys
If 40% of the award is too high, on a contingent fee basis, and it's a "slam dunk", then you should not have any problem finding an attorney who will take this case on an hourly basis. Be prepared to pay a reasonable rate for an attorney who has both real estate and litigation experience. The hourly rate will be anywhere from $200-$300 per hour, plus a $10,000 retainer fee, and court fees and costs up front.
On the other hand, if you really believe that $275 will take you up to the first hearing, and a small amount of paperwork will take you through two court appearances, then you should be smart enough to mail the court $275 and handle the paperwork and appearances yourself. Think of all the money you will be saving!
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