Coral Springs Real Estate Attorney

Most people who call a lawyer about a property problem want one of three things: to close a deal that has stalled, to get out of a shared ownership arrangement that no longer works, or to clear up who actually owns what. The Andrew M. Schwartz Legal Team is a business litigation and real estate firm that handles each of these, and as a Coral Springs real estate attorney team we represent owners, investors, landlords, tenants, and families with property interests in Broward County and throughout South Florida.

Real estate disputes in this part of the state tend to share a pattern. A purchase contract falls apart days before closing. Two siblings inherit a house and cannot agree to sell it. A former business partner is still on title to a commercial building long after the company wound down. A tenant stops paying, or a landlord claims a lease was breached. The facts differ, but each one eventually turns on the written documents, the timing of what each side did, and which court has the power to fix it.

Coral Springs sits in Broward County, so circuit-level real estate litigation generally belongs to the Seventeenth Judicial Circuit, which sits in and for Broward County. Federal matters go to the U.S. District Court for the Southern District of Florida, which holds court in Fort Lauderdale and West Palm Beach, among other places. Knowing which forum applies, and how quickly the clock is running, shapes nearly every decision we make early in a case.

Why Choose the Andrew M. Schwartz Legal Team for Real Estate 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, with a career built around contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. We serve clients across Broward County and Palm Beach County, including Coral Springs, Fort Lauderdale, Boca Raton, and West Palm Beach, along with clients from New York, New Jersey, and Connecticut who own property or business interests here.

Andrew is joined by Sundeep Nath, Senior Counsel, a Northwestern-trained litigator with years of experience in business and real estate cases in state and federal courts. The firm practices as a true legal team, which means everyone working on your matter knows the file and can answer when you call. We keep a strict 24 hour return call policy, and we arrange scheduled conference calls at times that work for everyone involved. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that fits a client’s goals and budget rather than stretching a case out for its own sake.

The firm has a record in contested real estate contract cases. After a five-day bench trial in Broward County Circuit Court, the court issued a 32-page final judgment granting our client specific performance of a commercial real estate contract. A result like that rests on the details: the contract language, the parties’ dealings, and a disciplined presentation of the evidence at trial. No attorney can guarantee a result, but that is the level of preparation we bring to every matter.

Property Problems We Handle for Coral Springs Owners, Landlords, and Investors

• Failed Closings and Purchase Contract Disputes: A buyer who wants the property, or a seller who wants out of the deal, may be able to pursue breach of contract remedies or ask a court to compel performance. Specific performance in particular has a short one-year limitations period under Florida law, so these cases cannot sit.
• Partition Actions: When co-owners cannot agree, any owner can ask the court to divide the property or order it sold and the proceeds shared. We see this among former business partners, siblings who inherited a home, unmarried couples, and investors who want out of a shared purchase.
• Quiet Title and Title Disputes: Competing ownership claims, a recorded instrument that clouds title, or a need to remove yourself from title to a property can all be resolved through a quiet title action, which may be filed in any county where part of the land sits.
• Commercial Lease Disputes: Retail, office, and warehouse leases in Coral Springs and nearby Broward communities generate disagreements over rent, common area charges, defaults, and personal guaranties. These cases turn on the exact lease wording.
• Landlord and Tenant Matters: Residential and commercial landlords and tenants come to us for nonpayment, lease termination, and breach disputes. Florida’s residential landlord-tenant statute sets specific notice periods that must be followed correctly.
• Real Estate Held Through an Entity: When a company that owns property is deadlocked or one member is draining its assets, the real estate dispute is also a business divorce. We handle both sides of that problem together.
• Injunctions to Protect Property: When a property is about to be sold, encumbered, or stripped of value while a dispute is pending, temporary and permanent injunctive relief, including emergency relief, can hold things in place.
• Inherited and Family-Held Property: Relatives who share a property often disagree on whether to keep it, rent it, or sell it. Florida has a separate statutory framework for certain family-inherited property that affects how a partition case proceeds.

What to Do and Where Cases Are Heard When a Real Estate Dispute Starts

Start by gathering paper. The purchase contract, any addenda, the deed, the lease, the operating agreement if an entity owns the property, closing statements, and every email or text exchanged with the other side. Real estate disputes are won and lost on documents, and the first mistake many owners make is acting before anyone has read them closely. Do not sign a release, a deed, or an extension without having an attorney review it, and do not stop paying a mortgage or rent on the assumption that the dispute justifies it.

Next, check the calendar. A lawsuit on a written contract must generally be filed within five years, while a claim not founded on a written instrument has four years. An action to rescind a contract has four years, a fraud claim has four years from discovery with an outer limit of twelve years, and a specific performance claim has just one year. Negligence-based claims, which were shortened by the 2023 tort reform, now carry a two-year period. Professional malpractice claims also run two years from discovery. These periods differ enough that the way a claim is framed can decide whether it is still alive.

Landlords and tenants face their own deadlines. For unpaid rent, a Florida landlord must deliver a written demand, and the tenant has three days, not counting weekends and court holidays, to pay or leave before the rental agreement can be terminated. For a violation that can be cured, the notice gives the tenant seven days to fix the problem. For violations that cannot be cured, the landlord may give notice of intent to terminate, and the tenant has seven days to vacate. Accepting partial rent after serving a nonpayment notice does not by itself waive the landlord’s rights, but the landlord must handle the partial payment correctly, either by giving a receipt, placing it in the court registry, or serving a new notice, or the eviction can run into trouble. Tenants also have a right to terminate if a landlord fails to maintain the unit and does not cure within seven days of written notice.

Where a case is filed depends on the amount at stake and the relief sought. County court hears civil claims in the middle range, while circuit court handles larger claims and equitable matters such as partition, quiet title, and injunctions. Small claims cover the lowest tier. For Coral Springs disputes, the Seventeenth Judicial Circuit in Broward County is typically the venue, with the Broward courthouse complex in Fort Lauderdale and the regional courthouses serving different parts of the county. Larger business-related disputes, including certain entity dissolution cases and big commercial litigation, may fit the circuit’s complex business division. Property in Palm Beach County would be heard in the Fifteenth Judicial Circuit instead, and we appear in both.

Expect these cases to unfold in stages. After the complaint and response, there is a period of written discovery and depositions, frequently a mediation session, and then, if the matter does not settle, a hearing or trial. Equitable cases such as partition and quiet title are decided by the judge, not a jury. Many real estate disputes resolve through negotiation or mediation once each side sees the documents and the court’s likely path, and our experience in mediation and arbitration helps us push for those outcomes where they serve the client.

Partition, Title, and Co-Ownership: How the Court Actually Decides

Partition and quiet title are the two areas where owners are most surprised by the process, so they deserve a closer look.

All partition actions in Florida are equitable proceedings. The complaint must describe the land, identify the owners and where they live, and state what share each one holds. If the court orders partition, it appoints three commissioners, chosen by the court unless the parties agree, to determine whether the property can be divided fairly. If they report that division would prejudice the owners, the court can order the property sold at public auction to the highest bidder and divide the proceeds in proportion to each owner’s interest. If the court allows a sale on credit for good cause, at least one-third of the price must be paid down unless everyone consents to different terms.

Family-inherited property is treated differently. Florida adopted the Uniform Partition of Heirs Property Act for cases filed on or after July 1, 2020. Property can qualify as heirs property when it is held by cotenants without a binding agreement on partition, at least one cotenant acquired title from a relative, and another statutory condition applies, such as relatives holding twenty percent or more of the interests. If the property qualifies, the Act’s procedures apply unless every cotenant agrees otherwise, and a partition in kind is not entered unless the court is satisfied the statutory factors were considered and that division would prejudice the cotenants as a group. In practice this gives family owners more protection against a forced sale than ordinary co-owners have.

Quiet title works through Chapter 65. A person claiming legal or equitable title may ask the court to determine title and enter judgment quieting it, or to cancel a conveyance or other instrument that clouds title when someone who is not the rightful owner holds it or asserts a claim. The plaintiff generally has to trace title back at least seven years before filing unless the court orders otherwise. Where the claim rests on an allegedly fraudulent conveyance, the statute allows summary procedure and directs the court to move the case up on the calendar.

Adverse possession arises in some of these disputes as well. Florida requires seven years of actual, continuous possession under a claim of title that excludes any other right. Without color of title, the possessor must also file a return with the property appraiser that includes a full legal description. With color of title, the instrument the claim rests on must have been recorded in the county where the land lies. Separately, a suit to recover real property is barred unless the plaintiff or a predecessor was in possession within seven years before filing.

When an LLC or corporation owns the property, the entity statutes matter too. A court may dissolve an LLC on a member’s petition when members are deadlocked and the company faces irreparable injury, when assets are being misappropriated or wasted, or when it is no longer reasonably practicable to carry on under the operating agreement. In those proceedings the court can appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member. For a corporation, a shareholder may seek dissolution in similar circumstances, and the corporation or other shareholders may elect to buy the petitioner’s shares at fair value; if the parties agree on value and terms within 60 days after the first election, the court enters an order on those terms. A deadlock sale clause in a governing agreement can control if it is properly started before the court makes its findings. These rules often decide what happens to a building the company owns.

Real Estate Attorney Questions from Coral Springs Property Owners

When do I need a real estate attorney instead of just a title company?

A title company handles closings and title insurance. It does not represent you in a dispute. Once a deal is breaking down, a co-owner is refusing to cooperate, or someone is challenging your ownership, you need a lawyer who litigates. Hiring one early, before a deadline passes, often changes what options remain.

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

For a contract founded on a written instrument, the general period is five years. Claims not based on a written instrument have four years. A claim to compel specific performance is much shorter, at one year, so a buyer or seller who wants the court to force the deal to close should not wait.

What is specific performance?

It is a court order requiring a party to carry out the contract rather than pay damages. Because every parcel is considered unique, courts sometimes grant it in real estate cases. Our firm obtained a 32-page final judgment granting specific performance of a commercial real estate contract after a five-day bench trial in Broward County.

Can one co-owner force the sale of a property in Florida?

Yes, through a partition action. A court can divide the property or, when division is impractical, order a sale and distribute the proceeds by ownership share. Family-inherited property may be subject to additional protections under the heirs property statute.

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

It is a lawsuit asking the court to declare who owns a property and remove competing claims or clouds on title. It is used for disputed deeds, old recorded instruments, fraudulent conveyances, and situations where someone needs to be cleared from title.

My landlord says I must leave. How much notice do I get?

It depends on the reason. For unpaid rent, the tenant has three days after written demand, excluding weekends and court holidays. For a curable lease violation, the notice gives seven days to correct it. For violations that cannot be cured, the tenant has seven days from the termination notice. A month-to-month tenancy without a set term can be ended by written notice under the statute’s rules.

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

Not automatically. Florida law says accepting partial rent does not waive the right to terminate or sue, but the landlord must follow one of the statutory steps: give a receipt noting the date, amount, and remaining balance, deposit the partial rent in the court registry when filing, or serve a new notice reflecting the updated amount.

Can I handle a Coral Springs property dispute from out of state?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut who own real estate or business interests in South Florida. We handle the local court appearances and keep you informed so you do not need to travel for every hearing.

Is a property dispute between business partners a real estate case or a business case?

Often both. If the partners held the property through an LLC or corporation, the ownership question may depend on the operating or shareholder agreement and on dissolution and buyout rules. If they held title personally, partition or quiet title may apply. We handle both sides, so the strategy fits the whole picture.

How long does a partition or quiet title case take in Broward County?

There is no fixed timeline. A contested case that goes through discovery and a bench hearing takes longer than one resolved in mediation. Quiet title claims based on fraudulent conveyance may move faster because the statute provides for summary procedure and advancing the case on the court’s calendar. We give clients a realistic expectation once we have reviewed the file.

Will an injunction stop a sale of the property while we fight?

It can. Courts may grant temporary injunctions, including on an emergency basis, to preserve a property or company assets while a case is pending. Success depends on showing the need for immediate relief and the legal basis for the claim, so the facts and documents must be assembled quickly.

Is it worth hiring an attorney for a smaller property disagreement?

Often it is, especially at the demand-letter or negotiation stage, where a clear statement of your legal position can resolve things without a lawsuit. We aim for solutions that make economic sense for the client, and our general counsel program also lets businesses get legal advice before a disagreement turns into litigation.

Serving Real Estate Clients Across Coral Springs and Broward County

We represent property owners and investors in Coral Springs and the surrounding Broward County communities, including Parkland, Margate, Tamarac, Coconut Creek, Sunrise, Plantation, Pompano Beach, Deerfield Beach, Lauderhill, Davie, Weston, and Fort Lauderdale. Our work extends south through Hollywood and Pembroke Pines and north into Palm Beach County, where we serve clients in Boca Raton, Delray Beach, Boynton Beach, Wellington, and West Palm Beach.

Whether the dispute involves a commercial lease in a Coral Springs shopping center, a house inherited by siblings, a company-owned building caught in a partner dispute, or a failed closing anywhere in Broward or Palm Beach County, the same team handles the case from the first review of the documents through trial or settlement. We also accept referrals from other attorneys whose clients have real estate disputes in Florida.

Talk With a Coral Springs Real Estate Lawyer Before a Deadline Passes

When a closing collapses, a co-owner stonewalls, or someone clouds your title, the choices you make in the first few weeks often matter more than anything that comes later. The Andrew M. Schwartz Legal Team can review your documents, tell you where you stand, and lay out a practical path. As a Coral Springs real estate lawyer team, we handle the negotiation, the injunction, or the trial, depending on what your situation requires. Call us to schedule a consultation and tell us what is happening with your property.