Greenacres Real Estate Transactions Attorney

The Andrew M. Schwartz Legal Team represents buyers, sellers, investors, landlords, and co-owners of property in Greenacres and across Palm Beach County and Broward County, handling both the paperwork that closes a deal and the litigation that follows when one falls apart. For anyone looking for a Greenacres real estate transactions attorney, the practical question is usually one of timing: is this a deal that can still be structured correctly, or has it already gone wrong?

The distinction matters because a purchase contract is the document a court will read if the transaction collapses. A buyer who is stalled by a seller that will not close, a seller holding a deposit dispute, or a co-owner who discovers that a deed does not say what everyone assumed all face different problems depending on what the contract says and what the parties did afterward. One deadline in particular catches people off guard. A lawsuit asking a court to force a sale to go through, known as specific performance, carries a one-year limitations period in Florida, much shorter than the five years that generally applies to an ordinary claim on a written contract. Waiting to see whether a seller will come around can quietly use up the window for the remedy that matters most.

Our work in this area sits where transactional judgment and courtroom experience overlap. Because the lawyers advising on a contract are also litigators, agreements get drafted and reviewed with an eye toward how they would actually be argued in front of a judge.

What a Real Estate Transactions Lawyer Does Before and After Closing

Many people assume a Greenacres real estate attorney only appears at a closing table. In practice, the work begins earlier, with the purchase and sale agreement itself: the contingencies, the deposit terms, the inspection and financing deadlines, the default provisions, and the remedies each side keeps if the other fails to perform. Commercial deals add layers, including lease assignments, tenant estoppels, environmental and zoning questions, and entity structure for the buyer. Residential transactions between family members, former partners, or unmarried couples bring a different set of concerns about how title is held and what happens when the relationship changes.

Careful attention at the front end is cheaper than any dispute at the back end. Still, the other half of this practice area is what happens when a transaction goes sideways, whether through a failed closing, a contested deposit, a misrepresentation about the property, or a title problem that surfaces only after money has changed hands. Our attorneys handle both sides of that arc, which is why a single firm can advise on a deal and, if needed, enforce it.

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

The Andrew M. Andrew M. Schwartz, Founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation, with a career built around complex contract disputes, conflicts among co-owners, and real estate matters. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. Joining him is Sundeep Nath, Senior Counsel, a Northwestern-trained litigator with years of experience handling business and real estate cases in both state and federal courts.

The firm practices as a true legal team, meaning everyone working on a matter knows the file and can respond when a client calls. A strict 24 hour return call policy applies when attorneys are in court and cannot pick up right away. For clients in Greenacres and the rest of Palm Beach County, that translates into direct answers rather than relayed messages.

The firm’s record in this field is concrete. After a five-day bench trial, a Broward County circuit judge issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. That result reflects the kind of work that matters on a real estate transactions page: reading an agreement closely, building the factual history of how the parties dealt with each other, and persuading a court to hold a counterparty to the deal. The firm also handles mediation and arbitration, and looks for the resolution that serves the client’s goals and budget rather than prolonging a case for its own sake. Many matters come to the firm through referrals from other attorneys, and the firm serves as outside general counsel and registered agent for business clients who want legal guidance before a dispute develops.

Common Real Estate Transaction Problems We Handle

• Failed Closings and Contract Default: A buyer who cannot or will not close, or a seller who backs out after accepting an offer, raises questions about deposit forfeiture, damages, and whether a court will compel performance. The contract’s default and remedy clauses usually control the outcome.
• Specific Performance Claims: Because real property is treated as unique, Florida courts can order a seller to complete a sale. The action has its own one-year limitations period, so the decision to pursue it cannot sit for long.
• Deposit and Escrow Disputes: Disagreements over who is entitled to a held deposit often turn on whether contingencies were properly invoked and whether notices were delivered as the contract required.
• Title Defects and Quiet Title Actions: A competing deed, a forged conveyance, or a stale recorded claim can cloud ownership. Florida’s quiet title statute lets a court determine who holds title and remove the cloud, and the plaintiff must trace title back at least seven years unless the court orders otherwise.
• Partition of Co-Owned Property: When owners cannot agree on what to do with shared property, a court can divide it or order it sold at auction with the proceeds split by ownership interest. Inherited property held by relatives may fall under the separate heirs property framework, which adds protections before a forced sale.
• Adverse Possession and Boundary Claims: Someone who has openly occupied land for seven years under a claim of title may assert ownership, but the statute imposes specific requirements, including a recorded instrument where the claim rests on color of title.
• Landlord and Tenant Disputes: Nonpayment, lease violations, and termination of tenancies are governed by notice rules that must be followed exactly, or an otherwise valid eviction can fail on a technicality.
• Co-Owner and Partner Property Disputes: Property held through an LLC or partnership often becomes the center of a business divorce, where the real estate and the entity cannot be separated.

What to Do When a Property Transaction Is Heading Toward a Dispute

The first priority is preserving the paper trail. Gather the signed purchase agreement and every addendum, the correspondence between the parties and their agents, deposit receipts, inspection reports, lender communications, and any notices sent or received. Dates matter more than most people expect. Whether a cancellation notice was delivered before a contingency expired, or whether a default notice complied with the contract, can decide who wins. Do not rely on a verbal assurance that a problem has been waived; if the contract requires changes in writing, an informal promise may not hold up.

Next, calendar the limitations periods that apply to the claim. A suit on a written contract generally has five years, while an oral or implied contract claim has four. A fraud claim runs four years from discovery, subject to an outer cap of twelve years, and a claim to rescind a contract has four years. As noted, specific performance has just one. A claim against a professional such as a surveyor or appraiser may carry a two-year period measured from when the problem was or should have been discovered. Because the shortest period often governs the remedy that matters most, an early review is worth the time.

Where money or property is at risk of moving, speed can matter more than a complaint on its own. A court can issue temporary and emergency injunctive relief to stop a transfer, encumbrance, or dissipation of assets while a case is pending, and our firm has experience obtaining that kind of relief.

On the question of where a case would be heard, disputes between Greenacres parties over property or contracts ordinarily proceed in the Circuit Court of the Fifteenth Judicial Circuit, which sits in and for Palm Beach County, when the amount at stake exceeds the county court’s limit. Smaller claims may belong in county court, and claims up to the small claims ceiling follow a simplified track. Quiet title and partition actions are equity matters heard in circuit court, and a quiet title complaint may be filed in any county where part of the land sits. If the property or the other parties are in Broward County, the Circuit Court of the Seventeenth Judicial Circuit sits in and for Broward County and offers a complex business division for larger commercial matters. Federal claims or disputes with parties from different states may belong in the U.S. District Court for the Southern District of Florida, which holds court in West Palm Beach and Fort Lauderdale.

The most common mistake is waiting. Owners hope a counterparty will relent, keep negotiating informally, and discover months later that a deadline has passed or that the other side used the time to transfer the asset. A second common mistake is acting without a lawyer on a termination or default notice, which can hand the other side a technical defense. A short consultation early often costs far less than repairing a procedural misstep later.

How Florida Treats Co-Owned Property and Entity-Held Real Estate

Real estate disputes in South Florida are frequently not simple buyer-versus-seller disagreements. Many involve property held by two or more people, or by a company owned by two or more people, and the legal tools differ depending on how title is held.

When individuals own property together and cannot agree, partition is the usual remedy. Florida’s partition statute places these actions in the court of equity. The complaint must describe the land, identify the owners and their residences, and state each owner’s share. If the court orders partition, it appoints three commissioners, chosen by the court unless the parties agree. If the commissioners conclude the land cannot be divided without prejudice to the owners, the court can order a sale at public auction and distribute the proceeds in proportion to ownership. A sale on credit is possible for good cause, though at least one-third of the price must be paid down unless everyone consents to different terms. For inherited property held in common by relatives, the Uniform Partition of Heirs Property Act, which governs actions filed on or after July 1, 2020, applies where the statutory conditions are met, including that at least twenty percent of the interests are held by cotenants who are relatives. Under that framework, a court does not simply order a sale; it must first consider whether dividing the property in kind would be feasible.

When property sits inside an LLC or corporation, the dispute often becomes a business divorce. A member of an LLC can petition a court for dissolution on grounds that include deadlock that threatens irreparable injury, misappropriation or waste of assets, or illegal or fraudulent conduct by those in control. A court may appoint a receiver or custodian after a hearing, or order a purchase of the petitioning member’s interest. Where the operating agreement has its own deadlock sale mechanism and it is invoked before the court finds the grounds, that provision generally governs. For corporations, shareholders can seek judicial dissolution, and the corporation or other shareholders may elect to purchase the petitioner’s shares at fair value, with a 60-day window for the parties to agree on price and terms. Courts can also issue injunctions and appoint custodians to preserve assets while the case moves forward.

These overlapping tools are why a real estate lawyer who also understands partnership and member disputes is useful. The right path for a co-owned Greenacres property depends on whether it is held individually, through a trust, or through an entity, and the answer shapes both strategy and cost.

Greenacres Real Estate Questions, Answered

What does a real estate transactions attorney do in Greenacres?

An attorney reviews and drafts purchase agreements, leases, and related documents, advises on how title should be held, and represents clients if a deal fails or a dispute arises over ownership, deposits, or performance. Our firm handles both the transactional and litigation sides.

Do I need a lawyer for a residential purchase or sale?

Florida does not require one, but the contract you sign is binding. A lawyer is most useful when something is unusual, such as a family transfer, a co-buyer arrangement, a seller-financed sale, or a deal involving an entity, and especially when a deadline or contingency is in doubt.

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

A claim founded on a written contract generally has five years. An oral or implied contract claim has four. A claim for specific performance has only one year, so it should be evaluated quickly.

Can a court force a seller to complete a sale?

Yes. Because real property is treated as unique, a court can order specific performance of a purchase contract. Our firm obtained that remedy for a client in a commercial real estate case after a five-day bench trial in Broward County.

What is a quiet title action?

It is a lawsuit asking a court to determine who owns land and to cancel any conveyance or claim that clouds title. The plaintiff must trace title for at least seven years before filing unless the court orders otherwise, and the case can be filed in any county where part of the land is located.

How does a partition action work if my co-owner will not sell?

You ask the court to divide the property or, if it cannot fairly be divided, to order a sale and split the proceeds by ownership share. The court appoints three commissioners to assess whether division is practical before ordering a sale.

Is inherited property treated differently in a partition case?

It can be. If the property qualifies as heirs property, a separate statutory process applies, which gives cotenants additional protections and requires the court to weigh several factors before it will order a sale rather than a division.

Can someone take my land by occupying it for seven years?

Florida allows adverse possession, but it demands more than simple occupancy. The claimant must show continuous possession for seven years under a claim of title, and the statute imposes filing and description requirements. Where the claim relies on color of title, the underlying instrument must be recorded.

How do I stop a co-owner or partner from selling or encumbering property while we fight?

You can ask the court for a temporary or emergency injunction. These requests are fact-driven and time-sensitive, and a court will want evidence that the asset is at real risk of being moved or spent.

What notice does a Florida landlord have to give before ending a residential tenancy for nonpayment?

The landlord must deliver a written demand for payment or possession, and if rent remains unpaid after three days, excluding Saturdays, Sundays, and court-observed legal holidays, the landlord may terminate the rental agreement. Accepting partial rent does not waive the right to terminate, but the landlord must handle the partial payment in one of the ways the statute allows.

I live in New York, New Jersey, or Connecticut and own property in Greenacres. Can you handle a dispute for me?

Yes. We regularly represent clients from those states who have business or real estate interests in South Florida. We handle the Florida court appearances and keep you informed so you do not have to travel for every proceeding.

Will every property dispute end up in court?

No. Many are resolved through negotiation, mediation, or arbitration. Our attorneys are experienced in all of them as well as courtroom litigation, and we pursue the route most likely to meet your goals at a cost that makes sense.

Serving Real Estate Clients in Greenacres and Across South Florida

We represent property owners and investors in Greenacres and the neighboring Palm Beach County communities of Lake Worth Beach, Lantana, Atlantis, Palm Springs, Wellington, Royal Palm Beach, and Boynton Beach. Our work extends through Delray Beach, Boca Raton, West Palm Beach, Palm Beach Gardens, Jupiter, and Belle Glade, with clients throughout Palm Beach County. To the south, we serve Broward County, including Fort Lauderdale, Pompano Beach, Deerfield Beach, Coral Springs, Plantation, and Hollywood. Whether a matter involves a single-family home, an investment property, a commercial lease, or real estate held inside a company, we handle the court proceedings locally. We also work with out of state clients, including those from New York, New Jersey, and Connecticut, who hold property or business interests here, and with other attorneys who refer matters that fall outside their own practice.

Speak With a Greenacres Real Estate Attorney About Your Transaction or Dispute

Whether you are preparing to sign a contract, trying to enforce one, or sorting out a title or co-ownership problem, a Greenacres real estate attorney from our team can review the documents and tell you which deadlines and remedies apply. Call the Andrew M. Schwartz Legal Team to schedule a consultation and learn where your situation stands.