Fort Lauderdale Real Estate Transactions Attorney

The deal that goes wrong rarely goes wrong at closing. It goes wrong months earlier, in a contract clause nobody read closely, a deposit provision that seemed routine, or a title issue that sat quietly in the records until someone tried to sell. The Andrew M. Schwartz Legal Team handles commercial and residential real estate transactions and the litigation that follows when those deals fall apart, for clients in Fort Lauderdale, throughout Broward County, and across Palm Beach County and South Florida.

A Fort Lauderdale real estate transactions attorney earns his keep in the work that happens before anyone signs. The purchase and sale contract decides who bears the risk if financing falls through, if inspections reveal problems, or if the seller cannot deliver clean title. Once the document is signed, those choices are made, and the only question left is whether the language protects you.

Fort Lauderdale adds its own pressures. Waterfront property, condominium units, investment buildings, and commercial parcels along the corridors west of the coast all move through the same Florida contract law, but the stakes and the co-ownership structures vary widely. Partners buy together, families inherit together, and investors pool money. When the shared plan stops matching reality, a transaction problem becomes a dispute.

What Goes Wrong Between Contract and Closing

Most real estate disputes follow a recognizable path. A contract is signed, a deadline passes, and one side decides the other has failed to perform. Sometimes a buyer cannot close and the seller keeps the deposit. Sometimes a seller refuses to close because a better offer arrived. Sometimes the title search turns up a competing claim that nobody expected.

How the dispute resolves depends heavily on the wording of the agreement and the history between the parties. Did the buyer give timely written notice of a defect? Did the seller actually cure it? Did either side waive a deadline by conduct? These details decide cases, which is why careful drafting and careful record-keeping before a problem appears matter more than anything done after it.

When a seller walks away from a binding commercial contract, the remedy a buyer wants may be the property itself rather than damages. Our firm recently won a final judgment granting specific performance of a commercial real estate contract in Broward County Circuit Court after a five-day bench trial, resulting in a 32-page ruling. That outcome shows what is possible when a contract is enforceable and the record is built carefully.

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

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 built around contract disputes, business divorces, and conflicts between co-owners. He holds an undergraduate degree from Emory University (1986) and a law degree from the University of Miami (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. The firm practices as a true legal team: everyone working on your matter knows the file, so you reach someone informed when you call. A strict 24 hour return call policy applies when the attorneys are in court.

That combination matters in real estate work because a transaction lawyer who also litigates drafts differently. We know how contract language is read by a judge when the deal fails, and we write and review agreements with that test in mind. Clients who want to avoid a courtroom benefit from that perspective, and clients who end up there already have counsel who has been there. We are experienced in mediation and arbitration as well as trial, and we look for the resolution that fits your goals and budget rather than prolonging a case for its own sake.

Many of our clients live outside Florida, particularly in New York, New Jersey, and Connecticut, and own property or hold interests here. We handle local court appearances so they do not have to travel for every hearing. A significant part of our practice also comes from referrals by other attorneys, including out of state lawyers whose clients have Florida real estate problems.

Real Estate Matters We Handle in Fort Lauderdale and Broward County

• Purchase and Sale Contract Disputes: Disagreements over deposits, financing and inspection contingencies, closing deadlines, and whether a party was ready, willing, and able to close. These disputes often turn on written notice requirements and the exact words of the contract.
• Failed Closings: Buyers who cannot close, sellers who will not, and the competing claims over deposit money, damages, and enforcement of the agreement.
• Specific Performance Claims: Actions asking the court to order the sale to go forward when real property is unique and money damages would not make the buyer whole. Florida sets a one-year limitations period for specific performance actions, so waiting carries real risk.
• Partition Actions: Co-owners who cannot agree on what to do with shared property can ask the court to divide it or order it sold and the proceeds split. These cases arise among former business partners, siblings who inherited together, unmarried couples, and investors who want out.
• Title Disputes and Quiet Title Actions: Competing ownership claims, clouds on title, and defective or fraudulent conveyances that block a sale or financing. A quiet title action asks the court to cancel the competing claim and confirm who owns the land.
• Commercial Lease Disputes: Landlord and tenant conflicts involving default, termination, and the enforcement of lease terms in commercial and residential settings.
• Co-Owner and Partner Property Conflicts: Disputes where real estate is held through an LLC or partnership and the owners are deadlocked, or one is diverting money tied to the property.
• Injunctions Protecting Property: Temporary and permanent injunctions, including emergency relief, to stop a transfer, encumbrance, or other action that would damage a client’s interest while the dispute is pending.

What to Do When a Real Estate Deal Starts Coming Apart

Start by stopping the exchange of casual messages. Texts and emails saying you “might” close late or “probably” will not pursue a repair can undercut your position later. Direct communication about the deal should be deliberate and, where the contract requires it, in writing and delivered the way the agreement specifies.

Gather everything now: the signed contract and every addendum, deposit receipts, inspection reports, lender correspondence, title commitments, and the full email trail. Note every deadline in the agreement and which ones have already passed or are about to. Many contracts hinge on a notice given within a specific window, and a missed window can end a claim before it starts.

Know the clock. Florida generally gives five years to sue on a written contract and four years on an oral or implied one. Specific performance is different and much shorter, at one year. Fraud claims run four years from discovery, with an outer cap of twelve years. Which period applies depends on how the claim is framed, and a claim can be lost by choosing the wrong path or delaying.

Where the dispute is filed matters too. Broward County cases are heard by the Seventeenth Judicial Circuit, and the main civil courthouse for the county sits in downtown Fort Lauderdale, with regional courthouses in Deerfield Beach, Hollywood, and Plantation. County court handles smaller claims, while larger disputes over real property and significant money belong in circuit court. The Seventeenth Circuit also has a complex business division that hears large business and construction litigation, and some qualifying cases can be filed into it directly. Palm Beach County disputes go to the Fifteenth Judicial Circuit, centered in West Palm Beach. Federal court in the Southern District of Florida sits in both Fort Lauderdale and West Palm Beach when federal jurisdiction applies.

Avoid the mistake of treating a deposit as automatically lost or automatically refundable. Whether it can be kept or must be returned depends on the contract language, who defaulted, and whether notice was properly given. Do not move assets, record documents, or take action on the property without advice, and do not assume the other side’s lawyer is protecting you because the conversation has been friendly.

Co-Owned Property: Partition and Quiet Title in Broward County

Real estate disputes are often really relationship disputes. Two people buy a building, one wants to sell, and the other refuses. Heirs inherit a home and cannot agree on who lives there or who pays the taxes. Florida law provides a way out of that standoff: an owner can ask a court to partition the property.

Partition is handled in a court of equity. The complaint must describe the land, identify the owners and where they live, and state what share each holds. If the property can be fairly divided, the court can do that. When division would prejudice the owners, the court can order a sale, generally at public auction, and divide the proceeds according to each owner’s interest. Where a sale is ordered on credit, at least one-third of the price must be paid down unless everyone consents otherwise.

Family property gets special treatment. Florida’s Uniform Partition of Heirs Property Act applies to partition cases filed on or after July 1, 2020, and covers real property held as tenants in common where title came from a relative and other statutory conditions are met, such as twenty percent or more of the interests being held by cotenants who are relatives. For qualifying heirs property, the court must follow the act’s procedures, which are designed to protect against forced sales. A partition in kind is not entered unless the court is satisfied that commissioners considered the statutory factors and found that dividing the land would prejudice the cotenants as a group.

Quiet title is the companion remedy when the problem is not how to divide property but who owns it. A court can resolve competing claims and cancel a conveyance or other record that clouds title. A plaintiff generally must trace title back at least seven years before filing unless the court orders otherwise, and the action may be filed in any county where part of the land sits. Where the claim rests on an alleged fraudulent conveyance, Florida provides a summary procedure that moves the case up the calendar.

Common Questions About Real Estate Transactions and Disputes

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

Before you sign. Contract review and negotiation cost far less than litigation, and the terms you agree to at the start decide most outcomes later. If a dispute has already begun, the sooner counsel reviews your documents, the more options you keep.

What is the difference between a transaction and a litigation matter?

Transactional work covers drafting, reviewing, and negotiating the agreements and closings. Litigation begins when a party breaches, refuses to perform, or contests ownership. Our firm does both, so your counsel understands how a contract will hold up if it is ever challenged.

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

Five years for a claim founded on a written contract, and four years for an oral or implied contract. A suit seeking specific performance carries a one-year period. Fraud is four years from discovery, subject to a twelve-year outer limit.

Can I force a seller to go through with the sale?

In some cases, yes. Because real property is treated as unique, a court can order specific performance, requiring the seller to convey. It requires a valid, enforceable contract and a buyer who was ready to perform, and it must be filed within a year.

Who keeps the deposit if a deal falls through?

It depends on the contract. The agreement usually states what happens to the deposit on default or when a contingency fails. Whether the right party gave proper written notice often decides who is entitled to the money.

What is a partition action?

It is a court proceeding that ends co-ownership of property by dividing it or ordering its sale and distributing the proceeds. It is available to owners who cannot agree on what to do with shared real estate.

Does a partition case have to end in a forced sale?

Not necessarily. The court can divide property physically if that can be done fairly. A sale is ordered when division would prejudice the owners. Many partition disputes also settle through a negotiated buyout before reaching that point.

What happens if my co-owners and I inherited property together?

Florida’s heirs property act may apply. It adds procedural protections for relatives who hold property as tenants in common, including limits on when the court can order a sale instead of dividing the land.

Can someone take my property by living on it?

Adverse possession exists in Florida, but it is demanding. It generally requires actual, continuous possession for seven years under a claim of title, and statutory requirements, including recording and a legal description, apply. A property owner who suspects a claim should address it early.

What is a quiet title action and when is it needed?

It is a lawsuit asking the court to determine who owns land and remove competing claims or clouds on title. It is used when defective deeds, fraudulent transfers, or conflicting claims prevent a sale or financing.

I live out of state. Can you handle my Florida property dispute?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut with interests in South Florida, handle the local court appearances, and keep you informed at each stage.

Does a real estate dispute always end up in court?

No. Many are resolved through negotiation, mediation, or arbitration. We pursue the path most likely to meet your goals efficiently, and prepare for trial when settlement is not available.

Serving Real Estate Clients Across Fort Lauderdale and South Florida

We represent property owners, buyers, sellers, investors, and co-owners throughout Fort Lauderdale, including the downtown core, Las Olas, Victoria Park, Rio Vista, Coral Ridge, and the neighborhoods along the Intracoastal Waterway. Our work extends through Broward County to Oakland Park, Wilton Manors, Pompano Beach, Lighthouse Point, Deerfield Beach, Hollywood, Dania Beach, Hallandale Beach, Davie, Plantation, Sunrise, Tamarac, Coral Springs, Parkland, and Pembroke Pines.

North of the county line, we serve clients in Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Lake Worth Beach, West Palm Beach, and Palm Beach Gardens. We also represent clients from New York, New Jersey, and Connecticut who own real estate or hold business interests in South Florida and need a local litigator to appear on their behalf.

Speak With a Fort Lauderdale Real Estate Transaction Attorney

If a contract is about to be signed, a closing is in jeopardy, or a co-owner has stopped cooperating, the right time to get advice is now. The Andrew M. Schwartz Legal Team can review your documents, explain where you stand, and recommend a path that fits your goals and your budget. Call to speak with a Fort Lauderdale real estate transaction attorney about your situation.