South Florida Real Estate Attorney

Co-owning a property, signing a purchase contract, or leasing space to a tenant can turn into a dispute faster than most people expect, and the next move you make often decides how the rest of it goes. The Andrew M. Schwartz Legal Team handles business and real estate transactions and litigation for owners, investors, landlords, tenants, and families across Palm Beach County, Broward County, and the rest of South Florida. If you are looking for a South Florida real estate attorney, the questions usually fall into a few buckets: a deal that is falling apart, a co-owner who will not cooperate, a cloud on your title, or a lease problem that is getting worse.

Most South Florida real estate disputes are really contract disputes with a piece of land attached. Who has the right to close, who walked away, who is holding the deposit, and what the written agreement actually says drive nearly everything. The deadlines are real, too. Florida gives five years to sue on a written contract, but only one year to bring an action for specific performance, which is the remedy that forces a seller or buyer to actually complete the deal. A client who waits to see whether the other side will come around can lose that remedy without realizing it.

Why Choose the Andrew M. Schwartz Legal Team for South Florida Real Estate Matters

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in real estate and business disputes throughout Palm Beach County, Broward County, and South Florida, including Boca Raton, West Palm Beach, and Fort Lauderdale. Andrew M. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. His career has been built around complex contract disputes, business divorces, and conflicts among co-owners, which is exactly the terrain where most serious real estate fights begin.

He 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 practices as a true legal team: everyone working on your matter knows the file, so a call does not get routed to someone who has to start from scratch. There is a strict 24 hour return call policy when we are in court or otherwise unavailable, and our attorneys are experienced in mediation and arbitration as well as courtroom litigation, so we look for the resolution that fits your goals and budget rather than stretching a case out for its own sake.

The results reflect that experience. After a five-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. A win like that depends on preparation: the precise wording of the agreement, the parties’ history of dealing with each other, and a clean record for the court. We also represent many out of state clients, including people from New York, New Jersey, and Connecticut who own property or business interests here, and we handle the local court appearances so they do not need to travel for every hearing. A good share of our work comes through referrals from other attorneys, which we handle with respect for the referring lawyer’s relationship with the client.

Real Estate Problems We Handle in Palm Beach and Broward Counties

• Failed Closings and Purchase Contract Disputes: A buyer who cannot or will not close, a seller who gets a better offer, disputes over who keeps the deposit, and contingencies that were or were not satisfied. These cases turn on the contract language and the timeline of what each side did, and the remedies range from damages to an order compelling the sale.
• Partition Actions: When co-owners cannot agree what to do with a property, Florida’s partition statute lets the court divide the land or, when division is not practical, order a sale and split the proceeds. Common among former business partners, siblings who inherited a home, unmarried couples, and investors who want out.
• Quiet Title and Title Disputes: Competing ownership claims, a recorded instrument that clouds your title, or a need to separate yourself from title to a property. A quiet title action asks the court to determine who owns the land and clear the cloud.
• Commercial Lease Disputes: Defaults, rent calculations, personal guaranties, build-out obligations, and renewal or termination rights in retail, office, and industrial space.
• Landlord and Tenant Matters: Nonpayment, lease violations, and terminating a tenancy, on both the landlord and tenant side, where strict notice requirements can make or break the case.
• Co-Owned Property Between Business Partners: Real estate held by an LLC or partnership that is caught up in a business divorce, including deadlocked members who cannot agree whether to sell, refinance, or hold.
• Diverted Rents and Missing Funds: Rental income, sale proceeds, or capital contributions that a manager or co-owner cannot account for, sometimes requiring emergency injunctive relief to stop assets from being moved.
• Construction and Loan Document Disputes: Construction contracts and financing documents tied to a property, where the written terms control the outcome.

What to Do When a Real Estate Dispute Starts to Turn

The first thing worth doing is pulling every signed document into one place: the contract and all addenda, the deed, any operating or partnership agreement if an entity owns the property, the lease, closing statements, and the emails or texts where the parties talked about the deal. Real estate cases are won on paper, and the paper is often scattered across a broker’s file, a title company, and your own inbox. Do not rewrite history in a message to the other side. Say what the document says, and keep the tone flat.

Next, check the clock. A claim on a written contract has five years in Florida, while an oral or implied contract has four. A suit to rescind a contract has four years, and fraud runs four years from discovery, capped at twelve. Specific performance is the short one at one year, so if what you want is the property itself rather than money, move early. Negligence claims were cut to two years in 2023, and claims against professionals such as a surveyor or closing agent can also carry a two-year period that runs from when you discovered the problem or should have. If you are weighing whether to call a lawyer, the deadline you do not know about is the one that matters most.

Where the case is filed depends on the size of the dispute and the relief sought. Claims above the county court ceiling, and cases seeking things like partition, quiet title, or injunctions, belong in circuit court. Palm Beach County cases go to the Fifteenth Judicial Circuit, which sits in West Palm Beach with branch courthouses in places like Delray Beach and Palm Beach Gardens. Broward County cases go to the Seventeenth Judicial Circuit, with its main courthouse in Fort Lauderdale and regional courthouses in Deerfield Beach, Hollywood, and Plantation. Broward also has a complex business division that handles dissolutions of certain business entities and large business and construction litigation, which can matter if your real estate dispute is tangled up in a company fight. Disputes involving parties from different states or federal claims can end up in the Southern District of Florida, which holds court in Fort Lauderdale and West Palm Beach.

A few mistakes come up again and again. Owners keep paying or accepting payments without a written reservation of rights, which gives the other side a waiver argument. Landlords accept partial rent after serving a notice and do not follow the statute’s requirements for handling it. Co-owners change the locks or stop contributing to the mortgage and taxes before talking to anyone, creating counterclaims that did not exist before. And people sit on a title problem for years because nothing seems urgent until a sale or refinance falls through. If assets are at risk of being moved or spent, ask about emergency relief right away; courts can issue temporary injunctions to preserve a property or funds while the case is pending.

How Partition, Quiet Title, and Co-Owner Fights Actually Unfold

Partition is the case people most often misjudge. Florida treats it as an equitable action in chancery, and the complaint must describe the land, name the owners and where they live, and state what each one holds. If the court finds partition is proper, it appoints three commissioners to report on whether the land can be divided fairly. If it cannot be divided without hurting the owners, the court can order a public sale to the highest bidder and divide the proceeds by ownership share. A sale on credit is possible for good cause, but at least one-third of the price must be paid down unless everyone agrees otherwise. Because a court-ordered auction often brings less than a negotiated sale, many of these cases settle once owners see where the process leads, with one owner buying out the others or the group listing the property together.

Inherited property has its own rules. In those cases the court must follow the Act’s procedures, which favor buyouts and partition in kind and require the commissioners to weigh specific factors before the land is divided. If your family property came down through an estate, tell your lawyer early, because the process looks different from an ordinary partition.

Quiet title cases work differently. They can be filed in any county where part of the land lies, and the plaintiff generally must trace title back at least seven years unless the court orders otherwise. They are used to cancel a conveyance or remove a cloud held by someone who is not the rightful owner, and where the claim involves a fraudulent attempted conveyance, the statute allows a summary procedure and priority on the court’s calendar. Related questions come up with adverse possession, where Florida requires seven years of actual, continuous possession under a claim of title, with extra requirements that include a return filed with the property appraiser and, for color of title, recording of the instrument.

When the property belongs to an LLC or corporation, the real estate fight may need to be resolved through the entity. An LLC member can ask a court to dissolve the company on grounds such as deadlock with irreparable injury threatened, misappropriation or waste of assets, or when it is not reasonably practicable to operate under the operating agreement. A court may appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member. For corporations, shareholders may petition for dissolution on similar grounds, and the corporation or other shareholders can elect to buy out the petitioner at fair value, with a 60-day window for the parties to agree on value and terms. Operating and shareholder agreements often contain deadlock sale provisions that take priority when properly triggered, so the document you signed years ago may decide the path.

Questions Property Owners in South Florida Ask Us

When should I hire a real estate attorney in South Florida?

Ideally before the dispute hardens. A lawyer can review a contract before you sign, respond to a default notice, or evaluate a title issue before a sale is lost. If the other side has already stopped performing, has a lawyer, or is moving money or property, call right away.

Can I force a co-owner to sell a property in Florida?

Often yes, through a partition action. Any co-owner generally has the right to ask the court to divide the property or order it sold, unless an agreement among the owners says otherwise. The court can divide the land when that is fair, and otherwise order a sale and split the proceeds by ownership share.

What is specific performance, and how long do I have to ask for it?

It is a court order requiring a party to complete the contract as written, such as closing on a property. The limitations period for it in Florida is one year, which is much shorter than the five years for a damages claim on a written contract, so waiting can cost you the remedy.

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

Five years for a claim founded on a written instrument, four years for an oral or implied contract. Rescission has four years, and fraud has four years from discovery with a twelve-year cap. Specific performance is one year.

What is a quiet title action?

It is a lawsuit asking the court to declare who owns a piece of land and remove competing claims or clouds on title. Florida courts can cancel a conveyance or other evidence of title held by someone who is not the rightful owner.

Do I have to go to court to resolve a real estate dispute?

No. Many disputes resolve through negotiation, mediation, or arbitration, especially when the contract has a dispute resolution clause. Litigation is the backstop when the other side will not move.

My co-owner and I inherited a house from our parents. Is partition different for us?

It can be. Florida’s heirs property statute applies to qualifying inherited property held by cotenants and adds protections, including a buyout opportunity and a requirement that the court consider several factors before ordering a sale. Whether your property qualifies depends on how title is held and who owns the interests.

If a landlord accepts partial rent after a three-day notice, is the case over?

Not necessarily. Under Florida’s landlord-tenant statute, accepting partial rent does not waive the right to terminate or sue, but the landlord must follow the statute’s options, such as giving a receipt with the date, amount, and balance due, placing the payment in the court registry, or serving a new notice.

How long does a real estate lawsuit take in Palm Beach or Broward County?

It varies with the type of case and how contested it is. A straightforward title or lease matter may resolve in months, while a contested contract or partition case can run much longer, especially if it goes to trial. Early injunctive relief, mediation, and settlement often shorten the timeline.

I live in New York or New Jersey and own property in South Florida. Do I have to be there for the case?

Generally not for every step. We handle the local court appearances and keep you informed, and many conferences and mediations can be arranged around your schedule. We regularly represent clients from New York, New Jersey, and Connecticut with South Florida property.

Can a property dispute with a former business partner be handled together with the business split?

Yes, and it usually should be. When real estate is held by or tied to a company, the ownership fight, the money owed between the owners, and the future of the property are connected, and handling them together avoids contradictory outcomes.

Is a broker or title company responsible if something went wrong at closing?

Possibly, depending on what they did and what the documents say. Professional negligence claims can carry a two-year period that runs from when the problem was or should have been discovered, so act promptly if you suspect a mistake.

Serving Real Estate Clients Across Palm Beach County, Broward County, and South Florida

The firm represents property owners throughout Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Lake Worth Beach, West Palm Beach, Palm Beach Gardens, Jupiter, Wellington, Royal Palm Beach, Belle Glade, and Riviera Beach. In Broward County, we serve clients in Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Parkland, Plantation, Hollywood, Hallandale Beach, Davie, and Sunrise, along with the surrounding communities of both counties.

Our clients include longtime local owners, investors holding commercial and residential property, landlords and tenants, and families who inherited real estate together. We also work with owners who live in New York, New Jersey, and Connecticut and hold property or business interests in South Florida. Whatever the address of the property, if the dispute is in this region, we can handle the court proceedings here.

Talk to a South Florida Real Estate Lawyer Before the Deadline Decides for You

If a closing has collapsed, a co-owner is stonewalling, or a title problem is threatening a sale, speaking with a South Florida real estate lawyer sooner rather than later keeps your options open. The Andrew M. Schwartz Legal Team can review your documents, tell you where you stand under Florida law, and explain whether negotiation, mediation, or a court filing makes the most sense. Call to schedule a consultation and we will talk through your situation directly.