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Legal Remedies for Navigating Title Issues

                                             in Collier County





        by Sharon Zuccaro, Esq.

                                 midst the allure of Naples' waterfront   Breach of Warranty. If a seller has provided assurances or
                                 properties and the promise of growth   guarantees regarding the title or ownership of the property, the
                          Ain Marco Island's developments, the     buyer might have grounds for a breach of warranty claim. In such
                          real estate industry thrives in Collier County.   cases, the buyer has the right to pursue compensation for any losses
                          Within this bustling market, however, the   incurred due to the breach of warranty.
                          foundation of every successful transaction lies   Lis Pendens. A lis pendens serves as a formal notice recorded in
                          in the assurance of a clear and unencumbered   public records, signaling that a property is the subject of a lawsuit.
                          title.                                   Typically utilized alongside a quiet title action, this measure aims
           From seasoned investors to first-time homebuyers, navigating   to halt the sale or transfer of the property until the legal dispute is
        the complexities of title issues is essential to safeguard investments.   settled.
        Understanding the legal remedies available for addressing title   By understanding and leveraging legal remedies tailored to
        challenges is not just prudent—it's imperative for ensuring the   address title issues, industry professionals can navigate challenges
        seamless progression of real estate endeavors.             effectively and safeguard client interests. Together, we ensure
           Below are a few legal remedies to navigate disputes and protect   transactions move forward with confidence and integrity,
        your investments:                                          contributing to the continued success and growth of our vibrant
           Quiet Title Action. Disputes over property ownership can arise   community.
        unexpectedly. A quiet title action serves as a proactive measure to   About the Author
        resolve conflicts and establish clear ownership rights.       With three decades of experience and a deep commitment to the
           Title Insurance Claim. Title insurance is a cornerstone of risk   community, Naples real estate attorney Sharon Zuccaro represents
        management. When title issues surface, filing a claim provides swift   developers, sellers, and buyers in commercial and residential real estate
        protection for buyers and lenders alike. This essential safeguard   transactions. She is a member of the Naples Area Board of Realtors
        ensures that transactions proceed smoothly, even in the face of   and serves as a member of the Humane Society of Naples Board of
        unforeseen challenges.                                     Directors. Sharon may be reached at sharon.zuccaro@henlaw.com
           Rescission of Contract. Timing is everything. When title issues
        jeopardize a transaction before closing, the ability to rescind the
        contract offers a crucial safety net for buyers and sellers. This option
        underscores the importance of due diligence and transparency
        throughout the transaction process.

     Life in Naples | April 2024                                                                                             21
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