Pompano Beach Real Estate Transactions Attorney
Buying, selling, or leasing property in Pompano Beach means committing real money to a contract, and the paperwork you sign at the start usually decides how things go if the deal goes sideways. The Andrew M. Schwartz Legal Team handles commercial and residential real estate transactions and litigation for buyers, sellers, investors, landlords, and co-owners in Pompano Beach, Broward County, Palm Beach County, and throughout South Florida.
If you are looking for a Pompano Beach real estate transactions attorney, the question is usually one of two things: how do I get this deal closed on terms I can live with, or what do I do now that the other side has walked away? Both questions come down to the contract. Purchase and sale agreements, commercial leases, financing terms, and deadlines for inspection or financing are where transactions succeed or fail, and they are easiest to fix before anyone signs.
Our firm sits on both sides of that line. We review and negotiate real estate deals, and we litigate them when closings fail, sellers refuse to perform, or co-owners cannot agree on what to do with a property.
Where Pompano Beach Real Estate Deals Break Down
Most disputes we see did not start with a dramatic event. They started with an ambiguous clause, a missed date, or an assumption nobody wrote down. Pompano Beach has a mix of waterfront residential property, older single-family neighborhoods, commercial and industrial parcels near the major corridors, and investor-owned multifamily and retail space. Each type of property brings its own contract issues.
Buyers of commercial property often find that a deal depends on due diligence periods, zoning confirmations, and financing contingencies that all have to line up. Residential sellers can face buyers who stop performing after a contingency expires. Investors holding property with partners may discover that nobody planned for what happens when one wants out. Planning the deal with those outcomes in mind is the difference between a clean closing and a lawsuit.
Why Choose the Andrew M. Schwartz Legal Team for Your Pompano Beach Real Estate Matter
The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s business and real estate disputes, serving clients in Boca Raton, West Palm Beach, Fort Lauderdale, and throughout Palm Beach County and Broward County, including Pompano Beach. The firm’s founder, Andrew M. Schwartz, has spent 37 years in litigation and was admitted to The Florida Bar in 1989. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. His career has been built around complex contract disputes, which is exactly the skill set a real estate transaction demands, since these cases turn on the precise wording of the agreement and the history of the parties’ dealings.
Andrew is joined by Senior Counsel Sundeep Nath, a Northwestern-trained litigator with years of experience in business and real estate cases in state and federal courts. The firm works as a true legal team, so everyone on your matter knows the file. When you call, someone answers, and a strict 24 hour return call policy applies if we are in court.
Real estate results are not abstract for us. After a 5-day bench trial, a Broward County Circuit Court judge issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. That is the kind of outcome that matters when a seller will not close and money damages will not replace the property.
We also serve as outside general counsel for businesses, including acting as registered agent, which means we can be involved before a transaction rather than only after it breaks. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that serves your goals and budget. Many of our clients live in New York, New Jersey, or Connecticut and own property here; 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.
Real Estate Matters We Handle for Pompano Beach Clients
- Purchase and Sale Contract Review and Negotiation: Residential and commercial buyers and sellers benefit from having contingencies, deadlines, deposit terms, and default remedies reviewed before signing, not after a dispute begins.
- Failed Closings: When a buyer or seller does not perform, the questions are who defaulted, what the contract says about deposits and remedies, and whether the injured party wants damages or the property itself.
- Specific Performance Claims: Real property is treated as unique, so a court can order a party to complete the sale. Florida gives a one-year limitations period for specific performance actions, which makes prompt action essential.
- Commercial Lease Disputes: Rent obligations, build-out terms, assignment and subletting clauses, and default provisions in retail, office, and industrial leases are frequent sources of conflict between landlords and tenants.
- Landlord and Tenant Matters: Nonpayment of rent, lease violations, and termination notices are governed by statutory notice requirements that must be followed precisely to avoid a defective case.
- Partition Actions: Co-owners who cannot agree on a shared property can ask the court to divide it or order a sale and split the proceeds, including former business partners, heirs, and unmarried couples.
- Title Disputes and Quiet Title Actions: Competing ownership claims, clouds on title, and defective conveyances can be resolved through a court action to determine who holds title.
- Injunctions Protecting Property: When a property or asset is at risk of being transferred, encumbered, or damaged during a dispute, early and emergency injunctive relief can preserve the status quo.
What to Do When a Pompano Beach Real Estate Deal Is in Trouble
Start with the documents. Gather the signed contract and every addendum, amendments, emails and texts with the other party and any agents, inspection reports, financing correspondence, escrow or deposit records, and any notices sent or received. In real estate disputes, the paper trail usually decides the case, and the history of how the parties actually dealt with each other can matter as much as the written terms.
Next, watch the deadlines in the contract itself. Inspection periods, financing contingency dates, and closing dates are often strict, and missing one can change your rights. Do not send a termination notice or a demand letter without checking that it complies with the contract’s notice provisions. A well-meant but defective notice can hand the other side an argument.
Then look at the statutory clock. Florida gives five years to sue on a written contract, four years for oral or implied agreements, four years to seek rescission, and four years from discovery for fraud, capped at 12 years. A specific performance action must be brought within one year. If you want the property rather than money, that shorter period controls your timeline, and waiting to see what the other side does can cost you the remedy.
Landlords and tenants face their own short fuses. For unpaid rent, a landlord may terminate after a written demand if the default continues for 3 days, excluding weekends and court-observed legal holidays. For other violations that can be cured, the notice must give the tenant 7 days to fix the problem, and for violations that cannot be cured, a 7-day notice of intent to terminate applies. Accepting partial rent after posting a notice carries specific consequences, so a landlord should follow the statutory options for documenting it rather than simply cashing the check.
On the question of where a case is heard, Pompano Beach is in Broward County, which falls within the Seventeenth Judicial Circuit. Real estate disputes above the county court limit are filed in circuit court, and the Seventeenth Circuit also has complex business divisions that handle larger business and construction litigation. If the property or the parties span Palm Beach County, that county is in the Fifteenth Judicial Circuit. Cases with a federal basis can be heard in the U.S. District Court for the Southern District of Florida, which holds court in Fort Lauderdale and West Palm Beach. Where you file matters, and we handle the filing and appearances for you.
Finally, avoid the mistakes that hurt people most: continuing to negotiate informally while a deadline runs, making statements in writing that concede a default, and moving money or occupying property in ways that muddy the record. If the other side may transfer or encumber the property, ask about emergency relief early.
Co-Owned Property, Partition, and Title Problems in Broward County
Shared ownership is a common source of real estate litigation. Co-owners include former business partners, siblings who inherited a house, unmarried couples, and investors in a joint purchase. When they cannot agree, Florida law lets an owner ask the court for partition. All partition actions are brought in chancery. The complaint must describe the land, name the owners and their places of residence, and state what each holds.
If the court orders partition, it appoints three commissioners, chosen by the court unless the parties agree. If they report that the property cannot be divided without prejudice to the owners, the court may order it sold at public auction and divide the proceeds in proportion to each owner’s interest. A court may allow a sale on credit for good cause, but at least one-third of the purchase money must be paid down unless everyone consents otherwise.
Inherited property gets special treatment. Florida’s Uniform Partition of Heirs Property Act applies to partition actions filed on or after July 1, 2020, and it applies when property is held as tenants in common, at least one cotenant acquired title from a relative, and other statutory conditions are met, such as twenty percent or more of the interests being held by relatives. It adds protections before a forced sale, including requirements that commissioners consider factors before the court orders a sale rather than a division.
Title disputes are a separate path. A quiet title action asks the court to determine who owns land and to remove a cloud created by a conveyance or other claim from someone who is not the rightful owner. The plaintiff generally must trace title back at least seven years unless the court orders otherwise, and the action can be filed in any county where part of the land lies. Adverse possession claims, which generally require seven years of continuous possession under a claim of title, sometimes lie behind these cases. When co-owners are also business partners, a partition case may run alongside a business divorce, and we can address both.
Pompano Beach Real Estate Questions, Answered
Do I need a lawyer to buy or sell property in Pompano Beach?
Florida does not require one for every sale, but a lawyer matters most when the deal has complications: commercial property, seller financing, contingencies, tenants in place, or co-owners. Reviewing the contract before signing is far cheaper than litigating it afterward.
What happens if the other side refuses to close?
It depends on the contract. You may be able to keep or recover a deposit, sue for damages, or ask the court to order specific performance so the sale goes through. Which path makes sense depends on what the contract says about default and what you want from the deal.
How long do I have to sue over a real estate contract?
For a contract founded on a written instrument, Florida allows five years. Oral or implied contract claims and rescission actions have four years. A specific performance action has only one year, so the remedy you want affects how fast you need to move.
Can a court really force someone to sell me property?
Yes. Because real property is treated as unique, a court can order specific performance of a valid contract. Our firm obtained a 32-page final judgment of that kind after a 5-day bench trial in Broward County Circuit Court on a commercial real estate contract.
What is the difference between a partition action and a quiet title action?
Partition is about co-owners who agree they own the property but cannot agree on what to do with it. Quiet title is about who owns the property or whether a competing claim should be cleared from the record.
How quickly can a landlord terminate a lease for unpaid rent?
After delivering a written demand for rent or possession, a landlord may terminate if the default continues for 3 days, not counting Saturdays, Sundays, or court-observed legal holidays. The notice must be done correctly, and accepting partial rent afterward triggers statutory requirements.
Can I protect a property while a dispute is pending?
Often, yes. Courts can issue temporary and permanent injunctions, including emergency relief, to stop assets or real property from being moved, encumbered, or damaged while the case proceeds. Speed and documentation matter.
I live in New York or New Jersey but own property in Pompano Beach. Can you handle it from afar?
Yes. We regularly represent clients from New York, New Jersey, and Connecticut with South Florida real estate, handle the local court appearances, and keep you updated so you do not need to travel for each hearing.
Does a real estate dispute have to end up in court?
No. Many are resolved through negotiation, mediation, or arbitration. Our attorneys have experience in all of these and in the courtroom, and we pursue the path most likely to meet your goals without letting fees outgrow the dispute.
What if my co-owner is my family member?
Family co-ownership raises the same legal questions as any other, but with more at stake personally. If the property was inherited, the heirs property rules may apply and can change how a forced sale is handled. We approach these cases with discretion while protecting your financial interests.
Can you get involved before a deal is signed?
Yes, and that is often the best time. Through our general counsel services, we can review contracts, advise on structure, and help you avoid the clauses that tend to cause disputes later.
Do you work with other attorneys on real estate disputes?
Yes. A significant part of our practice comes from referrals by other lawyers, including out of state attorneys whose clients have Florida property issues. We keep referring counsel informed throughout the matter.
Serving Pompano Beach and Surrounding Real Estate Clients
We represent property owners, buyers, sellers, landlords, and tenants throughout Pompano Beach and across Broward County, including Lighthouse Point, Deerfield Beach, Coconut Creek, Coral Springs, Margate, Tamarac, Lauderdale-by-the-Sea, Oakland Park, Fort Lauderdale, Wilton Manors, Plantation, Sunrise, and Hollywood. Our work extends north into Palm Beach County, serving clients in Boca Raton, Delray Beach, Boynton Beach, Lake Worth Beach, West Palm Beach, and Palm Beach Gardens.
Whether your property is a waterfront home, an investment duplex, a retail space, or an industrial parcel, we handle transactions and disputes throughout South Florida. We also represent clients from New York, New Jersey, and Connecticut who own business or real estate interests here.
Talk With a Pompano Beach Real Estate Attorney Before the Deadline Passes
If you are weighing a purchase or sale, or a deal has already fallen apart, speaking with a Pompano Beach real estate lawyer early can preserve options that disappear with time. The Andrew M. Schwartz Legal Team will review your contract, explain where you stand, and recommend a path that fits your goals and budget. Call us to schedule a consultation.
