North Palm Beach Real Estate Attorney

Co-owning a property in North Palm Beach, buying one that is about to fall through, or sitting on a title problem nobody will fix are all decisions that get more expensive the longer they sit. The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving North Palm Beach and the rest of Palm Beach County, along with Broward County and clients across South Florida. If you are looking for a North Palm Beach real estate attorney, the questions that matter first are usually these: how long do I have to act, which court will hear this, and can the problem be fixed without a trial?

The answers depend on the kind of dispute. A failed commercial closing runs on different clocks than a partition suit between siblings, and a clouded title is a different fight from a landlord’s notice. Florida sets hard deadlines for some of these claims, and missing one can end a case before it starts.

Below is a practical look at the real estate disputes our firm handles, the Florida rules that govern them, and what to do in the first days after a problem surfaces.

Real Estate Disputes We Handle for North Palm Beach Owners and Investors

• Failed Closings and Purchase Contract Disputes: A buyer who will not close, a seller who changes course, or a deal that collapses over financing, inspection, or title language. Remedies can include damages or a court order forcing the sale to go forward.
• Specific Performance Claims: When money cannot replace the property, a court can order the contract carried out. Florida allows only one year to bring a specific performance action, so waiting to see if the other side relents is risky.
• Partition Actions: Co-owners who cannot agree on what to do with shared property can ask the court to divide it or sell it and split the proceeds. We see these among former business partners, siblings who inherited a home, unmarried couples, and investors who want out.
• Quiet Title and Title Disputes: Competing ownership claims, a conveyance that should not have been recorded, or a stale claim that clouds your ability to sell or refinance. A quiet title suit asks the court to settle who owns what.
• Adverse Possession Questions: Boundary and occupancy disputes can turn on whether someone held property openly and exclusively for seven years, and whether a recorded instrument is involved.
• Landlord and Tenant Disputes: Nonpayment, lease violations, partial rent payments, and terminations of tenancies, for both commercial and residential properties.
• Co-Owner and Partner Property Fights: Real estate held through an LLC or partnership often turns into a business divorce, with deadlock, diverted funds, or a demand to dissolve the entity that owns the property.
• Injunctions Protecting Property: When a property or its income is at risk of being transferred, encumbered, or spent while a case is pending, emergency and temporary injunctive relief may be needed.

Why Choose the Andrew M. Schwartz Legal Team for North Palm Beach Real Estate Matters

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in real estate and business disputes across Palm Beach County and Broward County, including North Palm Beach, West Palm Beach, Fort Lauderdale, and Boca Raton. Founder Andrew M. Schwartz was admitted to The Florida Bar in 1989, earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989, and has spent 37 years in litigation, with a career built around complex contract disputes, business divorces, and conflicts between co-owners.

Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of experience in business and real estate cases in both state and federal courts. The firm works as a true legal team, so everyone on a matter knows the file, and it keeps a strict 24 hour return call policy if an attorney is in court.

The firm’s results include a commercial real estate matter in Broward County where, after a 5-day bench trial, the Circuit Court issued a 32-page final judgment awarding our client specific performance of the contract. That kind of outcome comes from detailed preparation: these cases often turn on the exact wording of the agreement and the history of how the parties dealt with each other.

Many clients live outside Florida, including in New York, New Jersey, and Connecticut, and own property or a stake in a company here. We handle the local court appearances so they do not have to travel for every hearing. A significant part of our work also comes from referrals by other attorneys, and we keep referring counsel informed throughout. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that fits the client’s goals and budget.

Deadlines That Control a North Palm Beach Real Estate Claim

Florida’s limitations periods vary by claim type, and the differences catch people off guard. A claim founded on a written contract generally has five years. A claim on an oral or implied contract has four. A suit to rescind a contract has four years. Fraud has four years from discovery, with an outside limit of 12 years. Negligence claims, including many professional malpractice claims, run two years, and a 2023 change cut the general negligence period from four years to two for claims arising after March 24, 2023. The written-contract period was not changed by that reform.

The outlier is specific performance, which carries just one year. If you are trying to force a closing on a property that matters to you, that clock is short.

Possession-based claims have their own rules. Florida bars suits to recover real property unless the plaintiff or a predecessor was in possession within seven years before filing. Adverse possession, whether or not the claimant holds a recorded instrument, requires seven years of continuous possession, and a claimant relying on color of title must have recorded the instrument with the clerk of the circuit court in the county where the property sits. A claimant without color of title must also file a return with the property appraiser that includes a full legal description. These are strict requirements, and they cut both ways: they can defeat a stranger’s claim to your land, or doom your own.

Quiet Title and Partition: How the Court Actually Handles Them

Quiet title actions are filed in circuit court, which sits as a court of equity, and may be filed in any county where part of the land lies. The statute allows a suit to cancel a conveyance or other evidence of title held by someone who is not the rightful owner. A plaintiff is generally expected to trace title back at least seven years before filing unless the court orders otherwise. Where the claim rests on an allegedly fraudulent conveyance, Florida provides a summary procedure and directs the court to move the case up on its calendar.

Partition follows a different path. The complaint must describe the land, name the owners and where they live, state what share each holds, and include whatever else the court needs to sort out the parties’ rights. 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 may order a public sale to the highest bidder and divide the proceeds 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.

Family-owned property gets special treatment. Florida’s Uniform Partition of Heirs Property Act applies to partition cases filed on or after July 1, 2020. Property held as tenants in common, with no binding agreement among the cotenants about partition, where at least one cotenant took title from a relative and another statutory condition is met (for example, 20 percent or more of the interests held by relatives), is heirs property. A court that finds heirs property must apply the Act’s procedures unless every cotenant agrees otherwise, and a partition in kind cannot be entered unless the commissioners considered the statutory factors and found that dividing the land would prejudice the cotenants as a group. In practice, this makes a forced sale harder for an investor to obtain against family co-owners.

What to Do in the First Days of a Real Estate Dispute

Start with the paper. Pull the purchase contract, any amendments, the deed, the title commitment or policy, closing statements, leases, and every email or text in which a party agreed to, changed, or refused something. Courts decide these cases on the document and the course of dealing, so the file you assemble now is the case.

Next, identify which clock applies. A failed closing may carry a one-year specific performance window. A written contract damages claim has five years, but evidence and witnesses do not last that long. If you are a landlord, the notice rules are exact. A nonpayment termination requires a written demand and a three-day period that excludes weekends and court-observed legal holidays. For other violations that can be cured, the notice must give the tenant seven days to fix the problem, and certain misconduct, such as intentional destruction of property, allows a seven-day termination notice with no chance to cure. If you accept partial rent after posting a nonpayment notice, you must either give a written receipt stating the amount received and the balance due, put the partial payment in the court registry when you file, or serve a new three-day notice. Accepting partial rent does not by itself waive your right to terminate, but mishandling the paperwork can sink a possession case.

If assets, rents, or title are at risk of being moved, say so early. A court can enter emergency injunctive relief, but only after a showing that the harm is real and imminent. Do not sign anything the other side sends, record anything, or stop paying a mortgage or tax bill on the property out of frustration without talking to counsel first.

On forum: Palm Beach County disputes are heard by the Fifteenth Judicial Circuit, and North Palm Beach falls within that county’s courts, which operate courthouses in West Palm Beach and in Palm Beach Gardens, among others. Broward County matters go to the Seventeenth Judicial Circuit, whose complex business court handles business dissolutions and large business and construction litigation. County court covers claims up to a threshold that Florida adjusts periodically, and circuit court takes the larger cases and equity matters such as partition and quiet title. Federal court in the Southern District of Florida sits in West Palm Beach and Fort Lauderdale and takes cases that meet federal jurisdiction requirements.

When the Property Sits Inside a Business: Dissolution and Deadlock

Many South Florida properties are held through an LLC or corporation, and a falling-out between owners becomes a real estate problem fast. For an LLC, a manager or member can seek judicial dissolution on grounds that include deadlock that cannot be broken and threatens irreparable injury, misappropriation or waste of assets, unlawful conduct by those in control, or that 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. If your operating agreement has a deadlock sale provision that was triggered before the court finds deadlock, that provision controls instead.

For corporations, a shareholder can petition for dissolution, including where the business has been abandoned and not wound up. The corporation, or other shareholders, can elect to buy the petitioner out at fair value, and an election to purchase is irrevocable unless the court finds it equitable to modify it. If the parties agree on value and terms within 60 days after the first election is filed, the court enters an order on those terms. During the case, the court can issue injunctions and appoint a receiver to preserve assets.

North Palm Beach Real Estate Attorney FAQ

Can I force a co-owner to sell our North Palm Beach property?

Often, yes. Florida lets a co-owner ask the court for partition, either by dividing the property or ordering a sale and splitting the proceeds. When the property cannot be fairly divided, as is common with a single home or condo, the court may order a public sale. Heirs property gets extra protections that can slow or reshape a sale.

How long do I have to sue over a failed real estate closing?

It depends on the claim. A damages claim on a written contract has five years. An action for specific performance, which asks the court to compel the sale, has only one year. Because the two periods differ, deciding early which remedy you want matters.

What is a quiet title action?

It is a lawsuit asking the court to settle competing claims to land and remove a cloud on title, including cancelling a conveyance or recorded document held by someone who is not the rightful owner. The plaintiff is generally expected to trace title back at least seven years.

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. If the claim rests on a recorded instrument, that instrument must be recorded in the county. Without such an instrument, the claimant must also submit a return to the property appraiser with a full legal description.

How many days does a landlord have to give a tenant who stops paying rent?

After written demand for payment or possession, the tenant has three days, not counting Saturdays, Sundays, or court-observed legal holidays, before the landlord may terminate. If the landlord accepts partial rent afterward, the notice or filing steps must be adjusted so the right to proceed is preserved.

Can I stop a partner from selling or mortgaging jointly held property while we fight?

Possibly. A court can issue temporary or emergency injunctive relief to preserve property and assets while the case is pending, but you must show a real and immediate risk. The sooner you document the threat, the stronger the request.

I live in New York or New Jersey and own a share of a Palm Beach County property. Do I have to come to Florida for hearings?

Not for every hearing. We regularly represent clients from New York, New Jersey, and Connecticut and handle the local court appearances, keeping you informed at each stage.

What if the property is owned by an LLC and my partner is taking the rent?

You may have claims for an accounting, breach of fiduciary duty, and recovery of the funds. Misappropriation of company assets is also a recognized ground for judicial dissolution of an LLC, and a court can appoint a receiver or custodian when the showing is strong enough.

Which court would hear my case if the property is in North Palm Beach?

Disputes over real property located in Palm Beach County are heard in that county’s courts. Equity matters such as partition and quiet title belong in circuit court, while smaller damages claims may fall within county court’s limit. Cases with federal jurisdiction can proceed in the Southern District of Florida.

Does a real estate dispute have to end in a trial?

No. Many are resolved through negotiation, mediation, or arbitration, and a negotiated buyout or sale often serves co-owners better than a drawn-out lawsuit. We pursue the path most likely to meet your goals efficiently, and we try cases when that is what the situation requires.

Do you work with other attorneys on real estate disputes?

Yes. Referrals from other lawyers, including out-of-state counsel whose clients have Florida property disputes, make up a significant part of our practice. We communicate with referring counsel throughout and respect their relationship with the client.

Serving Real Estate Clients From North Palm Beach Throughout Palm Beach County and Beyond

Our work starts with North Palm Beach owners and investors and extends across Palm Beach County. From North Palm Beach and neighboring Palm Beach Gardens, Juno Beach, Jupiter, and Lake Park, through Riviera Beach, West Palm Beach, Palm Beach, and Lake Worth Beach, we represent clients in partition, title, contract, and landlord-tenant disputes. We also serve owners in Wellington, Royal Palm Beach, Greenacres, Boynton Beach, Delray Beach, and Boca Raton.

The firm’s reach continues into Broward County, including Deerfield Beach, Pompano Beach, Fort Lauderdale, and the surrounding communities. And for clients who live in New York, New Jersey, or Connecticut but hold property or business interests in South Florida, we handle the Florida proceedings from start to finish.

Talk With a North Palm Beach Real Estate Lawyer Before the Deadline Passes

If a closing has collapsed, a co-owner is blocking a decision, or a title problem is holding up a sale, a conversation with a North Palm Beach real estate lawyer at the Andrew M. Schwartz Legal Team can tell you which deadline applies and which path fits your goals. Call to schedule a consultation, and bring the contract, deed, and correspondence you have.