Weston Real Estate Attorney

The Andrew M. Schwartz Legal Team represents property owners, investors, landlords, and families in Weston and across Broward County who have run into a real estate problem that a closing agent or title company cannot fix: a buyer or seller who will not close, co-owners who cannot agree on a shared property, a cloud on title, or a tenant dispute that has stopped producing rent. As a Weston real estate attorney, the firm handles both the transactional side and the courtroom side of these matters, for residents of Weston and for owners from New York, New Jersey, and Connecticut who hold property in South Florida.

Real estate disputes in this market tend to hinge on deadlines. A buyer who wants to compel a seller to complete a sale has a one-year window to sue for specific performance. A contract claim on a written agreement has five years. An action to rescind has four. Those clocks start running before most people realize they have a lawsuit, and the right remedy often depends on which clock you are still inside.

What follows is a plain-language walk through how these cases usually unfold: what you can ask a court to do, how disputes over co-owned property and title actually get resolved, and what to do in the first days after a deal or a tenancy goes wrong.

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

The Andrew M. Schwartz Legal Team is a South Florida business and real estate litigation firm serving clients in Weston, Fort Lauderdale, Boca Raton, West Palm Beach, and throughout Broward County and Palm Beach County. The firm helps business owners, investors, families, and out-of-state property holders with real estate transactions and litigation, including failed closings, purchase and sale contract disputes, landlord and tenant matters, partition actions, and title disputes. Clients work with a true legal team, which means everyone handling a file knows it, and the firm keeps a strict 24-hour return call policy when attorneys are in court.

Andrew M. He holds an undergraduate degree from Emory University and a law degree from the University of Miami. Sundeep Nath, Senior Counsel, is a Northwestern-trained litigator with years of experience in business and real estate cases in both state and federal courts. That depth matters when a real estate dispute crosses into a federal forum or turns on the exact language of a contract.

The firm’s results include a recent Broward County case in which, after a five-day bench trial, the Circuit Court issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. Specific performance is the remedy that forces a deal to close rather than just paying money damages, and winning it takes careful preparation of the contract history and the parties’ dealings. The firm also takes referrals from other attorneys, including out-of-state counsel whose clients have Florida property disputes, and handles local court appearances so out-of-state clients do not have to travel for every hearing.

Common Real Estate Problems We Handle for Weston Owners and Investors

• Failed Closings and Purchase Contract Disputes: A buyer who backs out, a seller who takes a better offer, or a financing contingency that both sides read differently. These cases can end in damages, in a deposit fight, or in a court order compelling the sale, depending on what the contract says and who breached first.
• Specific Performance Claims: When a property is unique and money is not an adequate substitute, a court can order the seller to convey it. The limitations period for this remedy is only one year, so delay can cost you the claim entirely.
• Partition Actions: Co-owners who inherited a home together, former business partners holding an investment property, or unmarried couples who bought jointly can ask a court to divide the property or sell it and split the proceeds.
• Quiet Title and Title Disputes: A recorded deed no one can explain, a competing ownership claim, or a conveyance that may have been fraudulent. A quiet title action asks the court to cancel the cloud and declare who actually owns the land.
• Landlord and Tenant Disputes: Nonpayment, lease violations, and holdover tenants, all governed by Florida’s notice rules that landlords must follow precisely or risk losing the case on a technicality.
• Commercial Lease and Property Contract Litigation: Disputes over lease terms, build-out obligations, and defaults in the shopping centers and office properties that serve Weston and neighboring Broward communities.
• Co-Owner and Partner Property Conflicts: Real estate held inside an LLC or partnership, where the fight over the property is really a fight over the business, and a dissolution or buyout may be part of the answer.
• Emergency Relief to Protect Property: Temporary and permanent injunctions can stop a sale, a transfer, or a diversion of assets while the dispute is pending.

What to Do in the First Days After a Real Estate Deal or Tenancy Goes Wrong

Start by gathering the paper. For a sale dispute, that means the signed contract, every addendum, the deposit receipts, the emails and texts between the parties, and any notice of default. Do not rely on memory of what was promised; Florida contract cases are won on what was written and on the history of how the parties actually behaved. Keep everything in its original form, including metadata on emails.

Next, figure out which deadline you are living under. A claim on a written contract carries five years, an oral or implied agreement four, and rescission four. Fraud runs four years from discovery, with an outer cap of twelve. The tight one is specific performance at one year, which is why a buyer who wants the property, not just a refund, should talk to a lawyer quickly rather than waiting to see if the seller comes around. Do not assume a deadline is longer than it is; a missed one cannot be repaired.

If you are a landlord, resist the urge to act informally. For unpaid rent, Florida requires a written demand giving the tenant three days to pay or leave, not counting weekends and court holidays. For other violations a tenant can cure, the notice gives seven days; for violations that cannot be cured, or a repeat violation within twelve months of a written warning, the landlord delivers a notice of intent to terminate and the tenant has seven days to leave. One trap catches many landlords: accepting partial rent after posting a notice does not waive your right to terminate, but you must handle it correctly by giving a receipt that states the amount and balance, by depositing the money in the court registry when you file, or by serving a fresh notice for the new amount.

Where the case is heard depends on size and subject. Weston sits in Broward County, so circuit-level disputes go to the Seventeenth Judicial Circuit, and many of Weston’s closest courthouse options are in Plantation and Fort Lauderdale. Claims between $8,000.01 and $50,000 go to county court, claims above that to circuit court, and small claims are handled below $8,000. Large business-related property disputes may qualify for the circuit’s complex business division, and cases with federal jurisdiction go to the Southern District of Florida, which holds court in Fort Lauderdale and West Palm Beach.

The most common mistake we see is waiting. People negotiate informally for months, hoping the other side will relent, and by the time they call a lawyer a one-year window has closed or evidence has gone stale. The second is signing something under pressure, such as an extension, a release, or a quitclaim deed, without understanding what it gives up. Call before you sign.

How Co-Owned Property and Title Disputes Are Resolved in Florida

When people own real estate together and cannot agree, partition is the escape valve. Under Florida’s partition statutes, these actions are brought in the circuit court. The complaint must describe the land, name each owner and where they live, and state what share each holds. If the court grants partition, it appoints three commissioners to examine the property. If they conclude the land cannot be fairly divided without harming the owners, the court can order it sold at public auction and divide the proceeds by ownership share. For a sale on credit, at least one-third of the purchase price must be paid down unless everyone agrees otherwise.

Inherited property gets special treatment. Florida adopted the Uniform Partition of Heirs Property Act, which applies to partition actions filed on or after July 1, 2020. If the court finds the property is heirs property, meaning co-tenants who acquired title from a relative and, among other qualifying conditions, twenty percent or more of the interests are held by relatives, the court must follow the Act’s procedures unless everyone agrees otherwise. A partition in kind will not be entered unless the commissioners considered the statutory factors and found that dividing the land would prejudice the owners as a group. In practice, this gives family members who want to keep an inherited home real protection against a forced auction.

Title disputes work differently. A quiet title action under Chapter 65 asks the court to determine who owns the land, and it can be used to cancel a deed or other instrument that clouds title. The plaintiff generally must trace title back at least seven years before filing unless the court orders otherwise, and the case can be filed in any county where part of the land lies. Where the dispute arises from an alleged fraudulent conveyance, the statute allows a summary procedure and directs the court to move the case up on its calendar. Separately, a possession-based ownership claim requires seven years of actual, continued, exclusive possession, and a claimant must file a return with a full legal description with the property appraiser. Possession under a recorded instrument falls under a different section and also requires seven continuous years.

When the property sits inside an LLC or corporation, the dispute may belong in a dissolution case rather than a partition case. An LLC member can petition a court to dissolve the company where the owners are deadlocked and irreparable injury is threatened, where assets are being misappropriated or wasted, or where it is not reasonably practicable to carry on the business under the operating agreement. A court can also appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member’s interest. For corporations, a shareholder buyout at fair value can be elected to avoid dissolution, and if the parties agree on value within 60 days of the first election, the court enters the order on those terms. Where the operating agreement already has a deadlock sale provision, it may control instead.

Weston Real Estate Attorney FAQ

Can a seller be forced to close on a sale in Florida?

Yes, in the right case. Because every parcel of land is considered unique, a court can order specific performance, compelling the seller to convey the property under the contract. The claim must be brought within one year, and you generally must show you were ready, willing, and able to close.

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

For a contract based on a written instrument, five years. For an oral or implied agreement, four. A claim to rescind the contract is four years, and a specific performance action is one year. The right deadline depends on what remedy you are seeking.

What is a partition action, and can I force my co-owner to sell?

A partition action asks the court to divide jointly owned property or, if it cannot be divided fairly, to order it sold and split the proceeds. A co-owner generally has the right to ask for partition, though inherited property is subject to additional protections that can favor keeping it in the family.

What is heirs property, and why does it matter?

It is real property held as tenants in common where one or more co-owners got title from a relative and certain further conditions apply, such as relatives holding twenty percent or more of the interests. It matters because the court must use a more protective procedure before ordering a forced sale.

What is a quiet title action?

It is a lawsuit asking the court to determine who owns a piece of land and to cancel any deed or claim that clouds title. The plaintiff generally must trace title back at least seven years.

How does adverse possession work in Florida?

Without a recorded instrument, the claimant must show seven years of actual, continuous, exclusive possession under a claim of title, and must file a return with the property appraiser that includes a full legal description. It is a hard claim to prove, and it is not a shortcut around a title dispute.

How much notice does a landlord have to give a tenant for unpaid rent?

A written demand for payment or possession giving three days, excluding Saturdays, Sundays, and court-observed legal holidays. If the tenant does not pay within that time, the landlord may terminate and proceed with an eviction case.

What happens if I accept partial rent after sending a notice?

You do not lose the right to terminate or sue. But you must handle the payment correctly: give a receipt showing the date, amount received, and balance owed, deposit the money in the court registry when you file, or serve a new three-day notice for the reduced amount.

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

Often, yes. A court can issue a temporary injunction, including on an emergency basis, to preserve a property or assets until the case is decided. These requests are fact-intensive and time-sensitive, so they are best raised early.

I live out of state. Can I handle a Weston property dispute from a distance?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut with property or business partners in South Florida. We handle the local court appearances and keep you updated, so you do not need to travel for every hearing.

Is a real estate dispute always a lawsuit?

No. Many are resolved through negotiation, mediation, or arbitration. We look for the path that meets your goals and budget, and we litigate when that is what the situation requires.

Serving Weston and Broward County Real Estate Clients

We represent property owners and investors in Weston and throughout Broward County, including Davie, Plantation, Sunrise, Cooper City, Pembroke Pines, Miramar, Southwest Ranches, Parkland, Coral Springs, Coconut Creek, Tamarac, Lauderhill, Hollywood, Deerfield Beach, Pompano Beach, and Fort Lauderdale. Broward cases are heard in the Seventeenth Judicial Circuit, and federal matters go to the Southern District of Florida.

The firm’s reach continues north into Palm Beach County, serving clients in Boca Raton, Delray Beach, Boynton Beach, and West Palm Beach, where cases fall under the Fifteenth Judicial Circuit. Whether a dispute involves a Weston home, a commercial property, or an investment shared with a partner who lives elsewhere, our attorneys handle the local proceedings and coordinate with out-of-state clients and referring counsel from the tri-state area.

Speak With a Weston Real Estate Lawyer Before a Deadline Passes

If a closing has fallen apart, a co-owner is blocking a decision, or a title problem is holding up your property, a conversation with a Weston real estate lawyer at the Andrew M. Schwartz Legal Team can tell you which remedy fits and how much time you have left. Call to schedule a consultation, and we will tell you plainly what the options are and what they are likely to cost.