Jupiter Real Estate Litigation Attorney
Property owners in Jupiter who find themselves in a standoff over land, a contract, or a closing need to decide quickly whether this is a problem that negotiation can solve or one that belongs in front of a judge. The Andrew M. Schwartz Legal Team handles business and real estate disputes for owners, investors, and families in Jupiter and across Palm Beach County and Broward County. If you are searching for a Jupiter real estate litigation attorney, the first thing to sort out is what kind of dispute you actually have, because the deadlines, the courts, and the remedies differ sharply from one to the next.
Real estate litigation is not one type of case. A failed closing on a commercial parcel, a sibling who will not sell an inherited house, a former business partner whose name remains on a deed, a tenant who stopped paying, and a neighbor claiming ownership of part of your lot all fall under the same broad heading, yet each runs on its own statute and its own clock. Some claims must be filed within a year; others allow five. Choosing the wrong vehicle, or waiting too long, can end a strong case before it starts.
Why Choose the Andrew M. Schwartz Legal Team for Jupiter Property Disputes
The Andrew M. Schwartz Legal Team is a business and real estate litigation firm that represents owners, investors, and families in some of South Florida’s most difficult disputes. Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation, with his work centered on complex contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. Sundeep Nath, Senior Counsel, is a Northwestern-trained litigator with years of experience handling business and real estate cases in both state and federal courts.
Clients get a strict 24 hour return call policy when the attorneys are in court, and scheduled conference calls at times that suit everyone involved. For Jupiter owners, one result is directly relevant. After a 5-day bench trial in Broward County Circuit Court, the firm obtained a 32-page final judgment awarding its client specific performance of a commercial real estate contract. That outcome reflects the kind of work these cases demand: reading a contract closely, building the record of the parties’ dealings, and trying the case when settlement is not available.
Many of the firm’s clients own property in Palm Beach County while living in New York, New Jersey, or Connecticut. The firm handles the local court appearances so those owners do not have to travel for every hearing, and a meaningful share of its work arrives as referrals from other attorneys. The attorneys are also experienced in mediation and arbitration, and they look for the resolution that fits the client’s goals and budget rather than prolonging a case for its own sake.
The Kinds of Property Disputes That End Up in Litigation
- Failed Closings and Purchase Contract Disputes: A buyer or seller who refuses to close may face a claim for damages, or the other side may ask a court to compel the sale itself. Specific performance actions carry a one-year limitations period, which is far shorter than the period for an ordinary contract claim, so these cases cannot sit.
- Partition Actions: When co-owners cannot agree on what to do with a shared property, any owner may ask the court to divide it or order it sold. This comes up among former business partners, siblings who inherited a home, unmarried couples, and investors who want out of a joint purchase.
- Quiet Title and Title Disputes: Competing ownership claims, a stale lien or conveyance, or a fraudulent deed can leave a property unsellable. A quiet title action asks the court to cancel the cloud on title and declare who owns what.
- Adverse Possession and Boundary Claims: A person who has openly occupied land as an owner for seven years may try to claim it, and the true owner generally cannot sue to recover land after seven years without possession. Both sides of that fight need to understand the recording and tax-filing requirements.
- Commercial Lease and Landlord-Tenant Disputes: Unpaid rent, lease defaults, and termination fights arise in Jupiter’s retail, office, and marina-adjacent commercial spaces as well as in residential rentals, each governed by notice rules that must be followed exactly.
- Property Held Through a Business Entity: When an LLC or corporation owns the real estate and the owners fall out, the dispute is about the property and the company at once, and may involve judicial dissolution, an accounting, or a buyout.
- Emergency Relief to Freeze a Sale or Transfer: Where a co-owner or partner is about to convey, encumber, or strip a property, a temporary injunction can hold the status quo while the case is decided.
What to Do When a Property Dispute Reaches the Point of No Return
Start by gathering the paper. For a contract dispute that means the signed agreement, every amendment, the correspondence and texts showing how the parties actually behaved, and proof of any deposits or payments. For an ownership dispute it means the deeds, the closing file, mortgage and lien documents, and any agreements among co-owners. These cases are won and lost on documents, and an attorney reviewing them early can tell you which claim fits and which clock is running.
Then identify the deadline that governs you. A claim founded on a written contract has five years in Florida, while one resting on an oral or implied agreement has four. Fraud runs four years from discovery, capped at twelve, and rescission has four. Specific performance has just one year, and negligence-based claims against professionals such as surveyors or title agents carry two years that run from when the problem was or should have been discovered. Recent changes to the negligence period did not alter the five-year written contract period, but the differences among these deadlines are exactly why a quick consultation matters.
Resist the urge to act on your own against a co-owner or tenant. Changing locks, cutting off utilities, or accepting partial payments carelessly can create problems that outlive the original dispute. In a nonpayment situation, a landlord must deliver a written demand and allow three days, excluding weekends and court holidays, before terminating, and accepting partial rent after that notice requires following specific steps to preserve the right to proceed. For other lease violations, a curable default calls for a seven-day notice to fix the problem, while certain serious violations allow a seven-day notice to vacate with no chance to cure.
As for where these cases are heard, Jupiter is in Palm Beach County, which sits within the Fifteenth Judicial Circuit. Disputes above the county court ceiling, which is adjusted periodically, are filed in circuit court, and the main circuit and county civil courts are at the courthouse in West Palm Beach, with a branch courthouse in Palm Beach Gardens serving the northern part of the county. Partition and quiet title actions are equitable proceedings, and a quiet title complaint may be filed in any county where part of the land lies. When a property or its owners span county lines, a Broward County filing in the Seventeenth Judicial Circuit may be an option, and that circuit maintains a complex business division for larger commercial matters. Federal court in West Palm Beach or Fort Lauderdale enters the picture when a case meets federal jurisdiction requirements, which sometimes happens when the parties live in different states.
How Partition and Quiet Title Cases Actually Unfold
A partition complaint must describe the land, name every owner and where they live, and state each owner’s share. If the court orders partition, it appoints three commissioners, chosen by the parties if they agree, to determine whether the land can be divided fairly. When division would harm the owners, the court may order a public sale to the highest bidder and divide the proceeds by ownership interest. If the court allows the buyer to pay over time, at least one-third of the price must be paid down unless everyone consents otherwise.
Inherited property gets special treatment. Under Florida’s Uniform Partition of Heirs Property Act, which applies to cases filed on or after July 1, 2020, property held as tenants in common that came through a relative, and where qualifying conditions such as relatives holding twenty percent or more of the interests are met, must be handled under a more protective process. Before ordering a partition in kind, the court must be satisfied the commissioners weighed the statutory factors and found division would prejudice the owners as a group. For a family trying to decide whether to keep or sell a Jupiter home left by a parent, that framework can change the outcome significantly.
Quiet title actions work differently. The plaintiff must trace title back at least seven years before filing, unless the court orders otherwise, and the court can cancel a conveyance or other evidence of title held by someone who is not the rightful owner. Where the claim is that an attempted conveyance was fraudulent, the statute provides for summary procedure and calendar priority, which can move a case along faster than ordinary civil litigation.
When the Property Belongs to a Company That Is Coming Apart
A frequent complication in South Florida real estate fights is that the title sits in an LLC or corporation whose owners no longer agree. Florida allows a member or manager to seek judicial dissolution of an LLC when it is not reasonably practicable to carry on the business under its operating agreement, when assets are being misappropriated or wasted, when those in control are acting or are expected to act illegally or fraudulently, or when deadlocked owners cannot break the impasse and irreparable harm is threatened. The court may appoint a receiver or custodian after a hearing, or order the purchase of the petitioner’s interest. An operating agreement with a deadlock sale provision that is triggered before the court finds deadlock can displace the court-ordered remedies, so what your agreement says matters a great deal.
For corporations, a shareholder may seek dissolution on specified grounds, and the corporation or other shareholders can elect to buy out the petitioner at fair value instead. If the parties agree on value and terms within 60 days of the first election, the court enters an order directing the purchase, and the election is irrevocable unless the court finds it equitable to set it aside. During the case the court can issue injunctions and take steps to preserve assets, which is often the most urgent need when valuable real estate is at stake.
Questions Jupiter Property Owners Ask Before Filing
How long do I have to sue over a breached real estate contract in Florida?
For a contract founded on a written instrument, the period is five years. If the agreement was oral or implied, it is four years. These periods run from when the claim accrues, and a recent change to the negligence deadline did not shorten the written contract period.
What is specific performance, and why is its deadline so short?
Specific performance asks the court to order a party to carry out the contract, such as actually closing on the property, rather than paying damages. Florida sets a one-year limitations period for these actions, so a buyer or seller who wants the property itself rather than money should not wait.
Can I force the sale of a house I co-own with someone who refuses to sell?
Generally, yes. Florida law allows a co-owner to petition for partition, and if the property cannot be divided fairly, the court may order it sold at public auction and divide the proceeds by ownership share. A written agreement among the owners can change how this works, so the documents matter.
What is heirs property, and does it change how a partition case is handled?
It is jointly held property, owned as tenants in common, that at least one owner acquired from a relative, where there is no binding agreement on partition and a further condition is met, such as relatives holding twenty percent or more of the interests. If the court classifies property this way, it must follow the heirs property procedures unless all cotenants agree otherwise.
How is a quiet title action different from a partition action?
Partition separates the interests of people who agree they own the property together but cannot agree what to do with it. Quiet title resolves who owns it in the first place, or removes a competing claim or defective instrument from the chain of title.
Can someone take my land by adverse possession?
It is possible but demanding. Without color of title, the claimant must show actual, continuous possession for seven years under a claim of title exclusive of others, and must file a return with a legal description sufficient for the property appraiser to identify the land. With color of title, the instrument must also be recorded in the county where the property sits.
If my business partner and I own property through an LLC, can I force a sale or dissolution?
It depends on the operating agreement and the circumstances. Florida’s LLC statute authorizes judicial dissolution on several grounds, including deadlock that threatens irreparable harm and misappropriation of assets, and courts can appoint a receiver or order a buyout. If your agreement has a deadlock sale provision, that mechanism may take priority.
My co-owner is trying to sell or mortgage the property without me. Can a court stop that?
A court can issue a temporary injunction to preserve the status quo while the dispute is decided, including on an emergency basis in appropriate cases. The sooner you act after learning of the threatened transfer, the more realistic that relief is.
If I accept partial rent after sending a nonpayment notice, have I lost my right to evict?
No, accepting partial rent does not waive the right to terminate or sue, but the landlord must follow one of the statutory options: give a receipt noting the amount and the new balance due, deposit the partial payment in the court registry when filing, or serve a new three-day notice reflecting the updated amount.
Does a real estate dispute have to be tried in court?
Not always. Many are resolved through negotiation, mediation, or arbitration, and the firm’s attorneys have experience in all three alongside courtroom litigation. Where an agreement contains an arbitration clause, that may decide the forum before you file anything.
I live in New York and own property in Jupiter. Do I have to be in Florida for the case?
Generally you do not need to travel for every proceeding. The firm regularly represents clients from New York, New Jersey, and Connecticut, handles the local court appearances, and keeps clients informed at each stage.
Can a lawsuit be filed in Palm Beach County if the property is partly in another county?
For a quiet title complaint, the statute allows filing in any county where any part of the land is located. Where a property straddles county lines or the parties are connected to both Palm Beach and Broward, the choice of venue is worth discussing early.
Serving Real Estate Litigation Clients Across Jupiter and the Surrounding Counties
The firm’s work begins with Jupiter and extends through the rest of northern Palm Beach County, including Jupiter Inlet Colony, Tequesta, Juno Beach, North Palm Beach, Palm Beach Gardens, and Riviera Beach. Moving south through Palm Beach County, our team represents property owners and investors in West Palm Beach, Lake Worth Beach, Boynton Beach, Delray Beach, and Boca Raton, along with communities in between and westward toward Wellington and Royal Palm Beach.
The same coverage reaches into Broward County, where the firm serves clients in Fort Lauderdale, Deerfield Beach, Pompano Beach, Hollywood, and the surrounding communities. Throughout South Florida, the firm also represents owners who live in New York, New Jersey, and Connecticut but hold business or real estate interests here. Whether the dispute involves a waterfront parcel, a commercial building, a shared investment property, or a home inherited by siblings, the attorneys appear in the court where the case belongs.
Talk With a Jupiter Real Estate Litigation Lawyer Before a Deadline Decides for You
If a closing has collapsed, a co-owner is blocking a sale, or someone is asserting a claim against your title, a conversation with a Jupiter real estate litigation lawyer at the Andrew M. Schwartz Legal Team can tell you which claim fits, which deadline applies, and whether emergency relief is warranted. Call the firm to discuss your situation and learn what the realistic paths forward look like.
