Palm Beach Gardens Real Estate Litigation Attorney

The Andrew M. Schwartz Legal Team represents property owners, investors, landlords, tenants, and co-owners in Palm Beach Gardens and across Palm Beach County and Broward County who are caught in disputes over land, buildings, and the contracts behind them. Our work as a Palm Beach Gardens real estate litigation attorney covers failed closings, purchase and sale contract disputes, partition actions, quiet title claims, and conflicts between business partners who own property together.

Real estate disputes in this part of Palm Beach County tend to involve high-value commercial parcels, investment properties held through LLCs, and homes owned by family members who inherited together and now want different things. A buyer who walked away from a commercial contract, a co-owner who refuses to sell, or a recorded instrument that clouds title can each freeze an asset worth far more than the legal fees needed to resolve it. The decisions you make in the first weeks, including which claim to bring, which court to file in, and whether to ask for emergency relief, often shape the whole outcome.

Deadlines also drive these cases. Florida gives only one year to bring an action for specific performance, five years on a contract founded on a written instrument, and four years on an oral or implied contract. A property dispute that sits while the parties hope it will resolve itself can lose its best remedy before anyone files a complaint.

Why Choose the Andrew M. Schwartz Legal Team for Real Estate Litigation

The Andrew M. Andrew M. Schwartz, Founder, has spent 37 years in litigation and has practiced in Florida since being admitted to The Florida Bar in 1989. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. His career has centered on complex contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders, which matters in real estate cases because so many property fights are really ownership fights in disguise.

Sundeep Nath, Senior Counsel, is a Northwestern-trained litigator with years of experience in business and real estate cases in both state and federal courts. The firm practices as a true legal team, so everyone working on your matter knows the file, and a strict 24 hour return call policy applies when the attorneys are in court. We handle local court appearances for clients who live in New York, New Jersey, or Connecticut but own property here, and a meaningful share of our matters arrive as referrals from other attorneys.

The strongest proof of what this work looks like is a recent result. After a 5-day bench trial in Broward County Circuit Court, the court issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. Specific performance, an order compelling the other side to close, is a demanding remedy that depends on precise contract language and a well-built record. We prepare every case with that level of detail, and we look for the resolution that fits the client’s goals and budget, whether that means mediation, arbitration, or trial.

Property Disputes We Handle for Palm Beach Gardens Owners

• Failed Closings and Purchase Contract Disputes: A buyer who refuses to close, a seller who tries to back out for a better offer, or a dispute over deposits and inspection or financing contingencies. Remedies can include damages, return of a deposit, or specific performance ordering the transaction to go forward.
• Partition Actions: When co-owners cannot agree, Florida’s partition statutes let a court divide the land or order it sold and the proceeds shared. Former business partners, siblings who inherited together, unmarried couples, and investors who want out are the usual parties.
• Heirs Property: Land held in common by relatives who inherited it may fall under the Uniform Partition of Heirs Property Act, which adds protections before a forced sale, including a court review of whether dividing the land in kind would harm the cotenants as a group.
• Quiet Title and Title Disputes: Competing ownership claims, defective conveyances, and recorded instruments that cloud title can be cleared through a quiet title action, which can be filed in any county where part of the land sits.
• Adverse Possession Claims: A person who has occupied land for seven years under a claim of title may assert ownership, and a record owner may need to defend or challenge that claim.
• Commercial and Residential Landlord-Tenant Disputes: Unpaid rent, lease defaults, terminations, and eviction proceedings, where short statutory notice periods control the timing.
• Co-Owner Conflicts Inside LLCs and Corporations: When the entity that owns the property is deadlocked or a partner is diverting funds, the real estate dispute and the business dispute must be handled together, sometimes through judicial dissolution.
• Injunctions Protecting Property: Temporary and permanent injunctions can stop a sale, transfer, or encumbrance while the case is pending.

What to Do When a Property Dispute Reaches a Breaking Point

Start by gathering the documents that define the relationship: the signed contract and every amendment, the deed and any recorded instruments, the operating or shareholder agreement if an entity holds title, closing statements, lease agreements, and the emails and texts that show how the parties actually behaved. These cases often turn on the exact wording of an agreement and the history of dealings under it, so preserve everything and avoid deleting messages even if they seem unhelpful.

Next, identify which clock is running. A claim on a written contract has five years, an oral or implied contract claim has four, a rescission claim has four, and a fraud claim has four years from discovery with an outer limit of twelve. Specific performance is the shortest at one year, which catches many buyers off guard. If you are a landlord, nonpayment notices run on a three-day demand period that excludes weekends and court-observed legal holidays, while a notice of intent to terminate for a non-curable violation gives the tenant seven days. Accepting partial rent after serving a notice does not by itself waive your right to terminate, but it must be handled correctly, through a receipt, a deposit in the court registry, or a fresh notice, or it can undercut the case.

Then consider whether the situation calls for emergency relief. If a co-owner is trying to sell, mortgage, or strip value from the property, or a partner is moving company funds, waiting for a final judgment may mean there is nothing left to recover. Courts can issue injunctions in urgent cases, and in dissolution proceedings they can appoint a receiver or custodian after notice and a hearing. Raising this with counsel early lets us decide whether to move quickly.

On venue, Palm Beach Gardens sits in Palm Beach County, which is part of the Fifteenth Judicial Circuit, and the circuit court there hears disputes above the county court’s limit. Claims between the small claims ceiling and the county court limit go to county civil court, which also sits in the county. Property in Broward County is heard in the Seventeenth Judicial Circuit, which operates complex business divisions for larger commercial disputes, including dissolution of certain business entities. Federal court in the Southern District of Florida sits in West Palm Beach and Fort Lauderdale and can become relevant when the parties are from different states. Many of our out of state clients hold property here, and we appear at hearings on their behalf so they do not need to travel for each one.

Finally, avoid the common mistakes: signing a settlement or deed without review, recording something on your own that could be challenged later, ignoring a notice because the relationship is personal, and negotiating for months while a deadline expires. A short consultation costs little compared with a lost remedy.

How Partition, Quiet Title, and Co-Ownership Cases Actually Work

A partition case begins with a complaint that describes the land, names each owner and where they live, and states what share each holds. All partition actions are heard in equity. If the court enters a judgment of partition, it appoints three commissioners, chosen by the court unless the parties agree on them, to report whether the land can be divided fairly. When they conclude division would prejudice the owners, the court may order a sale at public auction and divide the proceeds by ownership share. A sale on credit is possible for good cause, but at least one-third of the purchase price must be paid at the outset unless everyone consents otherwise. For heirs property, the court first determines whether the land qualifies and, if so, must follow the heirs property procedures, including a requirement that partition in kind not be entered unless the commissioners considered the statutory factors and found that dividing the land would prejudice the cotenants as a group. Property qualifies when it is held as tenants in common with no binding partition agreement, at least one cotenant acquired title from a relative, and another condition applies, such as twenty percent or more of the interests being held by relatives.

Quiet title cases are used to cancel a conveyance or other evidence of title held by someone who is not the rightful owner, and to settle disputes between people claiming under a common title. The plaintiff generally must trace title back at least seven years before filing, unless the court orders otherwise, and where the claim rests on an alleged fraudulent conveyance, the statute allows summary procedure and calendar priority. Related to this, Florida bars an action to recover real property unless the plaintiff or a predecessor was in possession within seven years before suit, which is why possession history matters so much.

When co-owners hold property through a company, the path often runs through the entity. An LLC member or manager can seek judicial dissolution where members are deadlocked and irreparable injury is threatened, where assets are being misappropriated or wasted, where those in control are acting illegally or fraudulently, or where it is not reasonably practicable to carry on activities under the operating agreement. The court may appoint a receiver or custodian or order a buyout of the petitioner’s interest, and a deadlock sale provision in the operating agreement, if properly initiated first, can take precedence over a judicial order. For corporations, a shareholder petition for dissolution can trigger the right of the corporation or other shareholders to elect to buy out the petitioner at fair value, and if the parties agree on value and terms within 60 days of the first election, the court enters an order on those terms. That election is irrevocable unless the court finds it equitable to modify it. Understanding these mechanics before filing often changes strategy, because a dissolution petition can lead to a negotiated buyout rather than a sale of the property.

Questions Palm Beach Gardens Property Owners Ask Us

How long do I have to sue over a breached real estate contract?

For a contract founded on a written instrument, Florida allows five years. An oral or implied contract claim has four years, rescission has four, and fraud has four from discovery with a twelve year cap. A claim for specific performance has only one year, so a buyer who wants to compel a closing should act quickly.

What is specific performance in a real estate case?

It is a court order requiring a party to carry out the contract rather than pay damages, which matters when the property is unique. The firm recently obtained a final judgment awarding specific performance of a commercial real estate contract following a five-day bench trial.

Can I force the sale of a property I co-own?

Yes, through a partition action. The court can divide the land when that is practical or, when it is not, order a sale and distribute the proceeds according to each owner’s share.

What is heirs property, and does it change a partition case?

Heirs property generally means land held in common where at least one owner got title from a relative and no binding agreement governs partition, plus another qualifying condition such as relatives holding twenty percent or more of the interests. If it qualifies, the court must follow the special heirs property procedures rather than ordinary partition.

What does a quiet title action accomplish?

It asks the court to determine who owns the land and to cancel competing conveyances or evidence of title that cloud ownership. The plaintiff generally must trace title for at least seven years before filing.

Can a squatter or neighbor gain title to my land?

Adverse possession is possible after seven years of continuous possession under a claim of title, and the claimant must follow specific filing requirements. Where the claim rests on an instrument, that instrument must be recorded with the clerk for the claim to count as under color of title.

My co-owner is a former business partner. Do I sue over the property or the company?

Often both issues are tangled together, and the right forum depends on how title is held. If an entity owns the property, remedies such as judicial dissolution, a receiver, or a buyout may apply, while individually held land may call for partition. We review the deeds and the entity documents together before choosing a path.

Can a court stop a co-owner from selling or mortgaging the property while we fight?

It can issue a temporary injunction in appropriate cases, and in dissolution proceedings it may appoint a receiver or custodian after notice and a hearing. The sooner the request is made, the more likely there is something left to protect.

How much notice must a landlord give before terminating a lease for unpaid rent?

For nonpayment, a landlord delivers a written demand and the tenant has three days, excluding Saturdays, Sundays, and court-observed legal holidays, to pay or leave. Other defaults that cannot be cured allow a seven-day notice to vacate, while curable violations require a notice giving seven days to correct.

Which court will hear my case, and could it end up in federal court?

A Palm Beach Gardens property case is typically filed in the circuit or county court for Palm Beach County depending on the amount in controversy, and Broward County properties are heard in Broward. Federal court in the Southern District of Florida is available in certain cases, such as those involving parties from different states.

Do I have to come to Florida for every hearing if I live out of state?

No. We regularly represent clients from New York, New Jersey, and Connecticut, handle the local court appearances, and keep you informed at every stage.

Does every real estate dispute end in a trial?

No. Many resolve through negotiation, mediation, or arbitration, and we pursue the route most likely to meet your goals without running up costs that outweigh the dispute.

Serving Real Estate Litigation Clients Across Palm Beach Gardens and South Florida

We represent property owners in Palm Beach Gardens and throughout Palm Beach County, from Jupiter, Juno Beach, and Tequesta to North Palm Beach, Lake Park, Riviera Beach, and West Palm Beach. Our work extends south through Lake Worth, Boynton Beach, Delray Beach, and Boca Raton, and west into Royal Palm Beach, Wellington, and Loxahatchee. In Broward County, we serve clients in Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Parkland, Plantation, and Hollywood, and we also take on matters for owners with property in the surrounding South Florida communities.

Many of our clients live elsewhere, particularly in New York, New Jersey, and Connecticut, and hold investment property, a family home, or an ownership stake here. Whether the dispute involves a commercial closing that fell apart, a partition between relatives, or a partner who cannot account for company money, we handle the Florida proceedings on your behalf.

Talk With a Palm Beach Gardens Real Estate Litigation Lawyer

When a closing collapses, a co-owner digs in, or a cloud appears on your title, the options narrow as the deadlines approach. Our Palm Beach Gardens real estate litigation lawyer team at the Andrew M. Schwartz Legal Team will review your documents, explain which claims and remedies are available, and tell you honestly what the dispute is likely to cost and achieve. Call us to schedule a consultation and learn where your case stands.