Fort Lauderdale Real Estate Attorney

Before you sign a purchase contract, walk away from a closing, or file against a co-owner, you are making a decision that is hard to undo. Property in Broward County is expensive, ownership is often split among partners, siblings, and investors, and the paperwork usually decides who wins. The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Fort Lauderdale, the rest of Broward County, and neighboring Palm Beach County, and we handle real estate transactions and the disputes that grow out of them.

If you are searching for a Fort Lauderdale real estate attorney, the right lawyer depends on what is going wrong or what you are trying to protect. A buyer whose seller refuses to close needs a very different strategy than a co-owner who wants out of a shared property, or an investor who discovers a competing claim to title. Several of these claims carry short filing windows, so the timing of your first decision matters as much as the decision itself.

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

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in some of South Florida’s hardest business and real estate disputes. Andrew M. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of experience in business and real estate cases in both state and federal courts. We practice as a true legal team, which means everyone working on your matter knows your file, and we keep a strict 24 hour return call policy when we are in court or otherwise unavailable.

Real estate cases are won on the wording of the contract and the history between the parties, and that is where Andrew’s career has been concentrated. After a 5-day bench trial, a Broward County circuit judge issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract, meaning the court ordered the deal to be carried out. That result reflects the kind of work we do: contract disputes over property that need a full trial record, not just a demand letter.

We also understand that most clients do not want a fight for its own sake. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that fits your goals and your budget. Many of our clients live in New York, New Jersey, or Connecticut and own property here; we handle the local court appearances so you do not have to travel for every hearing. A good share of our work also comes from other attorneys who refer us Florida real estate disputes.

Real Estate Problems a Fort Lauderdale Attorney Handles

• Failed Closings and Purchase Contract Disputes: A seller who backs out, a buyer who cannot perform, or a deposit dispute can turn on the exact contract language. Remedies can include damages or, where a property is unique, a court order requiring the sale to go forward.
• Partition Actions: When co-owners cannot agree, a Florida court can divide the property or order it sold and the proceeds split. This comes up with former business partners, siblings who inherited together, unmarried couples, and investors who want out.
• Heirs Property: Inherited property held by relatives as tenants in common may fall under Florida’s special heirs property rules, which add protections before a forced sale and change how a partition case is handled.
• Quiet Title and Title Disputes: Competing ownership claims, a questionable deed, or a conveyance you believe was fraudulent can cloud title. A quiet title action asks the court to cancel the competing claim and confirm who owns the land.
• Commercial Lease Disputes: Rent defaults, lease interpretation, and termination fights between landlords and tenants often carry large dollar amounts and strict notice requirements.
• Residential Landlord and Tenant Matters: Eviction for unpaid rent or lease violations follows precise written-notice rules, and mistakes in the notice can derail a case.
• Real Estate Held Through a Business: When property sits inside an LLC or corporation and the owners deadlock or one is diverting funds, the real estate fight and the business fight become the same case.
• Emergency Injunctions: When a property is about to be sold, encumbered, or stripped of value mid-dispute, a temporary injunction can freeze the situation while the court decides.

What to Do and Where to Go When a Property Dispute Starts

Start by gathering paper. The signed contract, every amendment, the deed, closing statements, emails and texts with the other side, leases, and any operating or shareholder agreement for an entity that owns the property all matter. Do not sign anything new, make a partial concession, or let a deadline pass while you wait to see what the other side does.

Pay attention to filing deadlines, because Florida’s are shorter than many people assume. An action to force a closing through specific performance has a one-year period. A claim on a written contract generally has five years, while an oral or implied contract claim has four. A fraud claim has four years from discovery, with an outer limit of 12 years. Separately, Florida bars a suit to recover real property unless you or a predecessor held possession within seven years before filing. If you are weighing a claim, get the dates in front of an attorney early so you know which clock applies.

Where your case is heard depends on the size and type of dispute. Broward County disputes go to the Seventeenth Judicial Circuit, which sits in and for Broward County, with the Central Judicial Complex in Fort Lauderdale and regional courthouses in Deerfield Beach, Hollywood, and Plantation. Circuit court hears claims above the county court limit, and Florida adjusts that limit periodically, so confirm where a particular claim belongs. Larger business-related disputes, including certain entity dissolutions and big construction or business cases, can be directed to the circuit’s complex business divisions. Cases involving property in Palm Beach County go to the Fifteenth Judicial Circuit in West Palm Beach. Disputes with federal jurisdiction can land in the Southern District of Florida, which holds court in Fort Lauderdale and West Palm Beach.

The most common mistake we see is waiting. Owners hope a co-owner will come around, keep paying carrying costs without documenting them, or let an informal arrangement run for years. Another is acting on their own: changing locks, withholding rent contrary to the lease, or recording documents without advice. If funds or a property are at risk of being moved, tell your attorney immediately, because emergency relief is only useful if it is sought before the damage is done.

Partition and Quiet Title in Florida: How Each Works

Partition is governed by Chapter 64 of the Florida Statutes and is heard in chancery. The complaint must describe the land, identify each owner and where they live, and state what share each holds. If the court enters a judgment of partition, it appoints three commissioners, chosen by the court unless the parties agree. If the commissioners report that the land cannot be divided without prejudice to the owners, the court may order a public auction and distribute the proceeds according to ownership shares. If the court allows the buyer credit terms, at least one-third of the price must generally be paid down unless everyone agrees otherwise.

Heirs property is treated differently. Under Florida’s version of the 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 from a relative, with additional qualifying conditions such as relatives holding twenty percent or more of the interests, must be partitioned under the special rules unless every cotenant agrees otherwise. A partition in kind is not entered unless the court is satisfied that the commissioners considered the statutory factors and concluded that dividing the land would prejudice the cotenants as a group. These protections can change a family’s options considerably, so identifying whether your property qualifies is an early and important step.

Quiet title actions are brought under Chapter 65. A court can resolve competing claims to land and can cancel a conveyance or other evidence of title held by someone who is not the rightful owner. The suit may be filed in any county where part of the land sits, and the plaintiff generally must trace title back at least seven years before filing unless the court orders otherwise. Where the dispute rests on an alleged fraudulent conveyance, a summary procedure is available and the court is directed to move the case up on its calendar. Adverse possession claims, by contrast, require seven years of continuous possession under the statutory conditions, and a claim under color of title requires the instrument to be recorded in the county where the property is located.

When the Property Belongs to a Business or Family Group

Many Broward real estate disputes are really ownership disputes. If an LLC holds the property and the members are deadlocked, a court may dissolve the company where management is deadlocked and irreparable injury is threatened, where assets are being misappropriated or wasted, or where it is no longer reasonably practicable to operate under the operating agreement. The court can also appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member. If your operating agreement contains a deadlock sale provision that is triggered before the court finds deadlock, that provision can take the place of a dissolution order.

For corporations, a shareholder can seek judicial dissolution on statutory grounds, and the corporation or other shareholders may elect to buy the petitioner’s shares at fair value, which can avoid dissolution altogether. If the parties agree on value and terms within 60 days after the first election, the court enters an order on those terms. We handle these cases with particular care when the owners are relatives, because the property question and the family question cannot be separated.

Fort Lauderdale Real Estate Attorney FAQ

When should I hire a real estate attorney in Fort Lauderdale?

Ideally before you sign a purchase contract, lease, or co-ownership agreement, and certainly as soon as a closing falls through, a co-owner stops cooperating, or someone challenges your title. Early review often prevents a lawsuit.

What is the deadline to sue to force a seller to close?

An action for specific performance has a one-year limitations period in Florida. Because that is short, a buyer who wants the property rather than money damages should not wait.

How long do I have to sue for breach of a written real estate contract?

Generally five years for a claim founded on a written instrument. Claims on oral or implied contracts have four years, and rescission and fraud claims carry their own periods.

Can a co-owner force me to sell our property?

Yes, in many cases. Any co-owner can ask a court for partition, and if the property cannot fairly be divided, the court may order it sold and the proceeds split by ownership share. Your options, including buying out the other owner, depend on the facts and on any agreement among the owners.

What is a quiet title action?

It is a lawsuit asking the court to determine who owns land and to remove competing claims or cancel a defective deed. It is used when someone else claims an interest, a conveyance looks fraudulent, or old records cloud title.

Do inherited properties get special treatment in a partition case?

Often, yes. If the property meets the definition of heirs property, Florida requires the special partition procedures unless all cotenants agree otherwise, and those procedures add protections before any forced sale.

Can I stop a property from being sold or transferred while my case is pending?

Possibly. A court can issue a temporary injunction to preserve a property or assets during a dispute. These requests are time-sensitive, so tell your attorney as soon as you learn a transfer may be coming.

How long does a landlord have to give a tenant to pay or leave?

For unpaid rent in a residential tenancy, the landlord may terminate after a written demand and a three-day period that excludes weekends and court-observed holidays. For incurable violations, a written notice gives the tenant seven days to leave, and for curable ones the tenant gets seven days to fix the problem.

Does a landlord lose the right to evict by accepting partial rent?

No, accepting partial rent does not waive the right to terminate or sue, but the landlord must follow a required step, such as giving a receipt noting the balance owed, placing the money in the court registry, or serving a new notice for the reduced amount.

I live out of state. Can you handle a Fort Lauderdale property dispute for me?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut, handle the court appearances locally, and keep you informed through scheduled calls so you do not have to travel for each hearing.

Is mediation an option before filing a lawsuit?

Often it is, and many property disputes settle that way. Our attorneys have mediation and arbitration experience, and we recommend that path when it can reach your goal faster and at lower cost than a trial.

What if my dispute involves a business that owns the property?

Then the case may involve the operating or shareholder agreement as much as the real estate. Remedies can include an accounting, a buyout, a receiver, or judicial dissolution, depending on the facts.

Serving Real Estate Clients Across Fort Lauderdale and South Florida

We represent property owners, investors, and families throughout Fort Lauderdale, from Las Olas and the downtown core to Victoria Park, Rio Vista, Coral Ridge, Wilton Manors, and Oakland Park. Our work extends across Broward County to Pompano Beach, Lighthouse Point, Deerfield Beach, Coral Springs, Parkland, Plantation, Sunrise, Davie, Hollywood, Hallandale Beach, Dania Beach, Pembroke Pines, and Miramar.

We also serve clients in neighboring Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Lake Worth, West Palm Beach, and Palm Beach Gardens, along with out-of-state owners from New York, New Jersey, and Connecticut who hold real estate or business interests in South Florida. Whether the property is a waterfront home, a commercial building, or a shared investment, our team handles the contract, title, partition, and injunction work that real estate disputes involve.

Speak With a Fort Lauderdale Real Estate Attorney Today

If you are facing a failed closing, a co-owner who will not cooperate, or a cloud on your title, a conversation with a Fort Lauderdale real estate attorney at the Andrew M. Schwartz Legal Team can clarify your options and the deadlines that apply to you. Call us to schedule a consultation. We will review your documents, explain whether negotiation, mediation, or litigation fits your situation, and respond promptly to your questions.