Miramar Real Estate Transactions Attorney

A real estate deal in South Florida succeeds when the property changes hands on the terms the parties actually agreed to, and when a deal falls apart, the goal shifts to getting the property, the deposit, or the damages the contract promises. The Andrew M. Schwartz Legal Team handles business and real estate transactions and litigation for buyers, sellers, landlords, tenants, investors, and co-owners, and works with clients who need a Miramar real estate transactions attorney in Broward County and the surrounding South Florida market.

Most transaction problems are decided long before anyone files a lawsuit. They are decided by the wording of the purchase and sale contract, by what the seller disclosed, by whether title is clean, and by whether a deadline in the contract was met or missed. Once a closing fails or a title problem surfaces, the same paper that was signed in a hurry becomes the whole case.

Miramar sits in southwest Broward County, so disputes arising from Miramar property are heard in the Seventeenth Judicial Circuit, which sits in and for Broward County. Federal claims, when they apply, go to the U.S. District Court for the Southern District of Florida. Knowing which court a dispute will land in, and what that court expects, shapes how a transaction should be papered from the start.

Where the Contract Does the Work in a Miramar Property Deal

A purchase and sale contract is a set of promises with clocks attached. Inspection periods, financing contingencies, deposit release conditions, closing dates, and extension rights all carry consequences. A buyer who misses a contingency deadline may lose the right to walk away with the deposit. A seller who cannot deliver marketable title by closing may be the party in breach.

Careful drafting and review before signing is the cheapest legal work in any transaction. Our real estate practice covers commercial and residential purchase and sale agreements, and we read them the way a litigator reads them: asking how each clause would be argued if the deal collapsed. Ambiguous deposit language, vague closing conditions, and unclear default remedies are the provisions that generate lawsuits.

Commercial deals add layers. Leases with assignment restrictions, estoppel certificates, environmental and zoning questions, and financing documents all interact with the sale contract. A Miramar real estate attorney reviewing a commercial transaction should be tracing how those documents fit together before the buyer’s deposit goes hard.

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

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. He earned his undergraduate degree from Emory University in 1986 and his law degree from 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.

The firm serves clients in Boca Raton, West Palm Beach, Fort Lauderdale, and throughout Broward County and Palm Beach County, and Miramar clients get the same attention. The firm practices as a true legal team, so everyone working on a file knows it and can answer when a client calls. There is a strict 24 hour return call policy when we are in court or unavailable.

Relevant proof of that experience: after a five-day bench trial, a Broward County Circuit Court judge issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. That result reflects what the firm does best, which is taking a contract dispute over real property all the way through trial when it has to. The firm is equally comfortable in mediation and arbitration, and looks for the resolution that fits the client’s goals and budget rather than prolonging a case for its own sake.

Many of our clients live in New York, New Jersey, or Connecticut and own property or business interests in South Florida. We handle the 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.

Common Real Estate Transaction Problems We Handle

• Failed Closings: A buyer or seller refuses or is unable to close, and the dispute turns on who defaulted, who is entitled to the deposit, and whether the other side can demand the property or damages instead.
• Purchase and Sale Contract Disputes: Disagreements over contingency language, deposit release, repair obligations, closing date extensions, and what the contract actually required of each side.
• Specific Performance Claims: When a party wants the property itself rather than money, Florida courts can order the sale to go forward. These claims run on a short clock, so timing matters early.
• Title Defects and Quiet Title Actions: Competing ownership claims, clouds on title, and defects discovered at or after closing. Florida’s quiet title statute lets an owner ask the court to cancel a competing instrument and settle who holds title, and the complaint can be filed in any county where part of the land sits.
• Partition Actions: Co-owners who cannot agree on what to do with shared property can ask the court to divide it or order a sale and split the proceeds. This is common among former business partners, heirs, unmarried couples, and investors.
• Commercial Lease Disputes: Defaults, assignment and subletting fights, personal guaranties, and disagreements over operating costs and renewal rights.
• Landlord and Tenant Matters: Notices, nonpayment, lease violations, and evictions governed by Florida’s residential landlord-tenant statute and the rental agreement.
• Co-Owner and Investor Conflicts: Property held through an LLC or partnership where the owners deadlock, or where one is moving money or using the asset without the others’ consent.

What to Do Now if a Miramar Real Estate Deal Is Going Wrong

Start with the paper. Gather the signed contract, every addendum and amendment, the deposit receipt, emails and texts with the other side and the agents, inspection reports, and anything showing when notices were sent or received. Do not rely on memory about what was said at a walkthrough. Contracts in Florida typically control, and side conversations rarely survive them.

Read the deadlines in your own contract before doing anything else. Many transaction disputes are won or lost on whether a notice went out in the right form and on time. If you are the buyer thinking about terminating, or the seller thinking about declaring a default, a mistaken notice can hand the other side the stronger position. Get the notice reviewed before it goes out.

Be careful about what you put in writing to the other party. Angry emails get quoted back in court. Keep communications factual and brief, and route anything about default or termination through counsel.

Know the limitations periods, because they are shorter than people expect. A claim founded on a written contract generally has five years under Florida law, while an oral or implied contract claim has four years. A claim for specific performance has just one year. A claim to rescind a contract has four years. Fraud has four years from discovery, capped at 12 years. If you want the court to order a sale to go through, waiting is the mistake that costs the most.

Cases above a certain dollar threshold are heard in circuit court, and smaller ones go to county court. For Miramar property, that means the Broward County courts. In Broward, the Seventeenth Circuit also has a complex business division that handles large business and construction disputes, and the right filing route can matter in a high-value case.

Finally, think about whether the dispute is also a business problem. If the property is held by an LLC or a partnership, or a co-owner is diverting money, the real estate claim may sit alongside claims for an accounting or breach of fiduciary duty, and in urgent cases a temporary or permanent injunction can freeze a sale or stop assets from moving while the case is pending.

How These Cases Typically Move

Most disputes start with a demand letter or a notice of default. Many end there, through a renegotiated closing, a price adjustment, or a negotiated release of the deposit. When they do not, the complaint is filed in the Broward County circuit court, the other side responds, and the case moves into discovery, where the documents and communications decide most of the questions.

Mediation is common and often productive, because both sides can see the weakness in their position once the paper is on the table. Cases that do not settle go to a bench or jury trial. Specific performance and title cases are equitable in nature and are often decided by a judge, as happened in the Broward bench trial described above.

Partition cases follow their own path. The complaint must describe the land, name the owners and where they live, and state what each holds. If the court orders partition, it appoints commissioners. If dividing the land cannot be done without prejudice to the owners, the court can order a public sale and divide the proceeds by ownership share. Where the property was inherited from relatives and fits the statutory definition of heirs property, Florida’s heirs property rules apply and add protections for the cotenants, including the right to buy out a co-owner’s share in certain cases.

Miramar Real Estate Attorney FAQ

What does a real estate transactions attorney do in a Miramar purchase?

The attorney reviews or drafts the purchase and sale contract, checks title and deadlines, advises on contingencies and deposits, and steps in if the closing is threatened. When a dispute arises, the same attorney can litigate it, which is the firm’s focus.

Can I get my deposit back if the sale falls through?

It depends on why the deal failed and what the contract says. Deposit rights usually turn on contingencies, notice requirements, and who defaulted. Reading the contract and the timeline of notices is the first step.

What is specific performance in a real estate contract?

It is a court order requiring a party to complete the sale instead of paying damages. Because the property is unique, courts can grant it. The firm obtained a final judgment awarding specific performance of a commercial real estate contract after a five-day bench trial in Broward County.

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

A claim on a written contract generally has five years, and an oral or implied contract claim has four. A specific performance action has one year. Those clocks are strict, so get advice early.

What is a quiet title action?

It is a lawsuit asking the court to determine who owns a property and to remove competing claims or clouds on title. Florida law allows a court to cancel an improper conveyance or other evidence of title held by someone who is not the rightful owner. Plaintiffs generally must trace title back at least seven years.

Can one co-owner force the sale of a jointly owned property?

Often yes. Florida law lets an owner ask the court for partition, either dividing the property or, when that is not practical, ordering a sale and dividing the proceeds. Heirs property has additional protections under the Uniform Partition of Heirs Property Act.

How does the heirs property law change a partition case?

When a court finds the property is heirs property, it must be handled under that statute unless all cotenants agree otherwise. A judgment of partition in kind requires the commissioners to consider statutory factors, and a sale cannot be ordered without that process. The statute helps family owners keep property they inherited together.

My co-owner and I own a Miramar property through an LLC. Can I force a buyout?

That depends on the operating agreement, which may include buyout or deadlock provisions. Florida law also permits judicial dissolution of an LLC when members are deadlocked and irreparable injury is threatened, when assets are being misappropriated or wasted, or when it is not reasonably practicable to carry on the business under the operating agreement. A court may also order a purchase of the petitioner’s interest or appoint a receiver.

I live in New York or New Jersey. Can you handle my Miramar property dispute?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut with South Florida real estate interests, handle the local court appearances, and schedule conference calls at times that work for you.

Is it worth hiring a lawyer for a smaller real estate dispute?

Often, because the contract controls and mistakes in notices or deadlines are hard to undo. A short review of the paper can tell you whether you have a claim worth pursuing, and many disputes resolve through negotiation or mediation without a long court fight.

What happens if a landlord accepts partial rent after posting a nonpayment notice?

Accepting partial rent does not waive the landlord’s right to terminate or sue, but Florida law requires specific steps afterward. The landlord must give a receipt stating the date, the amount, and the new balance due, or place the partial rent in the court registry when filing, or post a new notice reflecting the revised amount.

Will every dispute end up in court?

No. Many are resolved through negotiation, mediation, or arbitration. The firm is experienced in all three as well as courtroom litigation, and pursues whichever path best serves the client’s goals and budget.

Serving Real Estate Clients From Miramar Through South Florida

The Andrew M. Schwartz Legal Team represents real estate buyers, sellers, landlords, tenants, and investors in Miramar and across Broward County, including Pembroke Pines, Hollywood, Davie, Weston, Pembroke Park, Hallandale Beach, Fort Lauderdale, Plantation, Sunrise, Coral Springs, Parkland, Coconut Creek, Margate, Deerfield Beach, Tamarac, and Lauderhill.

We also serve clients throughout Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Lake Worth, Wellington, and West Palm Beach, as well as clients from New York, New Jersey, and Connecticut who own property or hold business interests in South Florida. Whether the matter involves a failed closing, a title dispute, a partition action, or a commercial lease, the firm brings the same team approach and direct communication.

Speak With a Miramar Real Estate Transactions Attorney

If a closing is slipping, a title problem has surfaced, or a co-owner or counterparty is not honoring a real estate agreement, a conversation with a Miramar real estate transactions attorney early can change the outcome. The Andrew M. Schwartz Legal Team is ready to review your contract, explain your options, and tell you plainly whether negotiation, mediation, or litigation fits your situation. Call to schedule a consultation.