Lake Worth Beach Real Estate Litigation Attorney
Real estate disputes in Lake Worth Beach rarely look like the textbook version. They are more often a deal that collapsed a week before closing, a house three siblings inherited and cannot agree on, or a property that two former business partners still own together and neither wants to carry. The Lake Worth Beach real estate litigation attorney you choose should know how those disputes actually unfold in Palm Beach County courts, and that is the work the Andrew M. Schwartz Legal Team handles for property owners, investors, and families across Lake Worth Beach, Palm Beach County, and Broward County.
The deadlines that govern these cases are shorter than most people expect. A suit to compel a seller to close on a contract has its own one-year limit. A claim on a written contract generally has five years, while a claim on an oral agreement has four. A cloud on your title, a co-owner who will not cooperate, or a tenant dispute each follows a different track. Knowing which clock is running is the first thing worth sorting out.
Why Choose the Andrew M. Schwartz Legal Team for Real Estate Litigation
The Andrew M. Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation, with a career centered on contract disputes, conflicts between co-owners, and the kind of fights that follow when a shared investment goes sideways. He earned his undergraduate degree at Emory University and his law degree at the University of Miami. Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of experience in business and real estate cases in both state and federal courts.
Real estate cases are won on documents and details: the exact wording of a purchase contract, the history between the parties, the chain of title. The firm prepares with that in mind. A recent example: after a five-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 kind of outcome, forcing a deal to close as written, requires both trial experience and careful attention to the one-year window for such claims.
The firm works as a true legal team, meaning everyone on a matter knows the file, and it keeps a strict 24 hour return call policy. Attorneys are experienced in mediation and arbitration as well as courtroom litigation, and the goal is the resolution that fits the client’s objectives and budget, not a longer fight for its own sake. Many clients live out of state, including in New York, New Jersey, and Connecticut, and the firm handles local court appearances so they do not have to travel for every hearing. A significant share of the practice also comes from referrals by other attorneys.
Real Estate Disputes We Handle for Lake Worth Beach Property Owners
- Failed Closings and Purchase Contract Disputes: When a buyer or seller walks away from a signed contract, remedies include damages and, in the right case, specific performance, which must be pursued within one year. Disputes often turn on contingency language, deposit provisions, and who defaulted first.
- Partition Actions: Co-owners who cannot agree can ask the circuit court to divide the property or sell it and split the proceeds. Under Chapter 64, the court appoints three commissioners, and a sale at public auction is available when physical division would harm the owners.
- Heirs Property: Siblings or relatives who inherited property as tenants in common may be covered by Florida’s Uniform Partition of Heirs Property Act, which adds protections before a forced sale and applies to cases filed on or after July 1, 2020.
- Quiet Title and Title Disputes: Chapter 65 lets an owner ask the court to cancel a conveyance or remove a cloud on title, including claims based on a fraudulent conveyance. Plaintiffs generally must trace title back at least seven years.
- Adverse Possession Claims: A person claiming land by possession must show seven years of continuous possession, and under color of title the instrument must have been recorded. These claims come up with boundary disputes and abandoned or neglected parcels.
- Commercial and Residential Landlord-Tenant Disputes: Nonpayment, lease violations, and early termination fights follow strict notice rules under Chapter 83, and a misstep in the notice can derail an eviction.
- Co-Owner and Partner Property Conflicts: Property held through an LLC or partnership often ends up in a business divorce, with claims for an accounting, breach of fiduciary duty, or emergency injunctive relief to stop a sale or transfer.
What to Do When a Property Dispute Reaches the Breaking Point
Start by pulling together the paper: the contract, any addenda, the deed, closing statements, emails and texts, and records of payments. In real estate cases, the written record usually decides the outcome, and a lawyer who sees it early can tell you which deadline is closest. If you are the buyer on a contract the seller is refusing to honor, do not let the one-year specific performance window drift while you negotiate. Written contract claims have five years, oral ones four, and rescission claims four, but waiting costs leverage even when time remains.
If a co-owner is threatening to sell, encumber, or move into a property without your agreement, or if funds or rents are being diverted, ask about emergency relief. Courts can issue temporary injunctions to hold things in place while the case proceeds, and that is far easier to obtain before assets move than after.
As for where cases are heard, claims above the county court ceiling go to circuit court. For Lake Worth Beach, that means the Fifteenth Judicial Circuit, sitting in and for Palm Beach County, with the main courthouse in West Palm Beach. Disputes involving Broward County property go to the Seventeenth Judicial Circuit, which also has complex business divisions for larger commercial matters. Federal court in West Palm Beach or Fort Lauderdale may come into play in some cases. Small disputes within county court limits are handled by the county civil court.
Common mistakes are predictable: signing a tenant notice with the wrong deadline, accepting partial rent without following the statute, cutting off a co-owner’s access without legal footing, or recording documents that muddy title further. A short consultation before acting often prevents all of them.
How Partition and Quiet Title Cases Actually Move
A partition complaint must describe the land, identify every owner and where they live, and state each owner’s share. The court first decides who owns what, then appoints commissioners to determine whether the property can be divided fairly. If not, the court may order a sale at public auction and distribute the money by ownership share. A sale on credit is possible for good cause, but at least one-third of the price must be paid down unless everyone agrees otherwise. When the property qualifies as heirs property, the court must use the heirs property process, which includes valuation steps and gives other cotenants a chance to buy out the party who wants to sell.
Quiet title cases are about clearing the record. The complaint can be filed in any county where part of the land sits, and when it rests on a fraudulent conveyance, Florida provides a summary procedure that moves the case forward on the calendar. These cases are document-heavy, so the quality of the title work matters as much as the legal argument.
When the Property Is Held Through a Company
Many real estate fights are really ownership fights. If the property sits in an LLC, a member may seek judicial dissolution when managers or members are deadlocked and irreparable injury is threatened, when assets are being misappropriated or wasted, or when it is no longer reasonably practicable to operate under the operating agreement. The court can appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member’s interest. For corporations, shareholders have a parallel path, and the other owners can often avoid dissolution by electing to buy the petitioner’s shares at fair value; if the parties agree on price and terms within 60 days of the election, the court enters an order on those terms. Always check your agreement first, because a deadlock sale provision may control.
Lake Worth Beach Real Estate Litigation Questions, Answered
How long do I have to sue over a broken real estate contract?
For a claim based on a written contract, Florida allows five years. A claim on an oral or implied contract has four years. If you want the court to order the other side to complete the sale, the specific performance period is just one year, so that claim should be raised quickly.
Can I force the sale of a house I co-own with someone who refuses to sell?
Yes, through a partition action in circuit court. The court first sorts out ownership, then determines whether the property can be physically divided. If not, it can order a sale at public auction and split the proceeds according to each owner’s interest.
What is heirs property and why does it matter?
It is property held by co-owners as tenants in common, where at least one acquired title from a relative and other conditions are met, such as relatives holding twenty percent or more of the interests. Florida’s heirs property statute adds protections, including appraisal and buyout rights, before a forced sale.
What is a quiet title action?
It is a lawsuit asking the court to declare who owns land and to cancel any conveyance or claim that clouds the title. Plaintiffs are generally expected to trace title back at least seven years unless the court orders otherwise.
Can someone take my property by adverse possession in Florida?
It is possible but demanding. The claimant must show seven years of continuous, exclusive possession under a claim of title and must meet filing requirements, including a legal description submitted to the property appraiser. Where the claim rests on color of title, the instrument must also have been recorded.
How much notice does a landlord have to give before eviction?
For unpaid rent, the landlord must deliver a written demand and wait three days, not counting weekends and court-observed holidays. For curable lease violations, the notice must give seven days to fix the problem. For violations that cannot be cured, the notice gives seven days to vacate.
Does accepting partial rent ruin an eviction?
Not automatically. A landlord does not waive the right to terminate by taking partial rent, but must follow the statute: give a receipt showing the amount and balance, deposit the partial payment in the court registry when filing, or serve a new notice reflecting the new amount.
Which court will hear my case if the property is in Lake Worth Beach?
Larger civil disputes go to the Fifteenth Judicial Circuit in Palm Beach County. County court handles claims within its monetary limit, and small claims covers the lowest tier. Federal court in West Palm Beach is an option only when federal jurisdiction exists.
Do I need a lawyer for a smaller real estate dispute?
It depends on the stakes and the type of claim. Disputes over title, specific performance, or co-ownership usually have consequences larger than the immediate dollar figure, and procedural mistakes are hard to undo. A short consultation can tell you whether the matter is worth litigating or better resolved through negotiation or mediation.
Can I handle a Lake Worth Beach property case if I live in New York or New Jersey?
Yes. Out of state owners are common in South Florida real estate disputes. The firm handles local court appearances and keeps you informed, so you can protect your interests without traveling for every hearing.
Will a court order a business partner to stop selling or transferring property while we fight?
It can. Courts may issue temporary injunctions, including on an emergency basis, to preserve assets and real property while the dispute is pending. In dissolution proceedings, courts can also appoint a receiver or custodian after a hearing.
Is mediation realistic in a real estate dispute?
Often, yes. Many failed closings, co-owner disputes, and lease conflicts resolve through negotiation or mediation once each side understands its exposure. The firm’s attorneys are experienced in mediation and arbitration and pursue whichever path best fits the client’s goals and budget.
Representing Property Owners From Lake Worth Beach Across South Florida
The firm’s work starts with Lake Worth Beach and extends through central Palm Beach County, including Lantana, Greenacres, Palm Springs, Atlantis, Haverhill, and Cloud Lake, and into West Palm Beach, Palm Beach Gardens, Royal Palm Beach, Wellington, and Boynton Beach. Farther south, clients come from Delray Beach, Boca Raton, and the communities between. In Broward County, the firm serves property owners in Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, and neighboring cities. The firm also represents clients from New York, New Jersey, and Connecticut who own investment property or a share of real estate in South Florida.
Speak With a Lake Worth Beach Real Estate Litigation Lawyer
If a closing has fallen apart, a co-owner is blocking a sale, or a title problem is holding up your property, the deadlines are already running. The Andrew M. Schwartz Legal Team can review your documents, identify which claims are available and how soon they must be filed, and recommend a practical path forward. Call to schedule a consultation with a Lake Worth Beach real estate litigation attorney who will return your call within 24 hours.
