Real estate Q&A: Guidelines to dealing with problems

Gary M. Singer, South Florida Sun Sentinel on Jan 2, 2025

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As 2025 begins, it looks like it will be another interesting year in real estate.

While it is difficult to predict the ebbs and flows of the market, I can say with certainty that some of you will have a problem concerning your home. Every problem is unique, but after decades of legal practice, I have developed some general guidelines to help deal with most of them.

Document everything. When an event occurs, take notes and photographs as soon as possible. Send a follow-up email after every call, and if that is not possible, write a summary in your notes.

Most cell phones make this easy and can even transcribe your voice into written notes. Be aware that in many jurisdictions, you must get everyone’s permission before recording a conversation.

Not only will these notes and photos help you resolve the issue, but they hold more weight in court than relying on memory to recount what happened.

If your issue involves another person, such as a neighbor, landlord, or lender, your first step should be politely and directly communicating with them about it. When I ask potential clients whether they asked the offender to stop the offensive behavior, well over half the time, the answer is no. Give people a chance to fix things before assuming they will not.

If this does not work, your next step is to talk to an appropriate authority. This could be your community association manager, municipality, or even the police. Calmly explain the situation, sharing your notes and pictures as appropriate.

If they are not able or willing to resolve the problem, speak with an attorney to see if judicial intervention is appropriate and cost-effective. Again, your documentation will go a long way here.

Remember that ‘two wrongs don’t make it right.” Someone else’s wrongful behavior does not excuse your own. Doing this will often backfire and make your situation even worse.

For example, in most situations, you must continue to pay rent even if your landlord is not keeping up with maintenance. The same goes for your community association dues — you must continue to pay even if you are unhappy with how management is dealing with the community.

To be clear, you should still affirmatively deal with the issue they created, but you must do it the correct way to ensure you get the positive outcome you are looking for.