Boca Raton Real Estate Attorney

A closing that collapsed after the deposit was wired, a sibling who will not sign off on selling the house you inherited together, a tenant who stopped paying, a former partner whose name is still on the deed: real estate problems in South Florida tend to arrive with money already at risk. The Andrew M. Schwartz Legal Team handles real estate transactions and litigation for owners, investors, and families in Boca Raton, West Palm Beach, Fort Lauderdale, and throughout Palm Beach County and Broward County.

If you are searching for a Boca Raton real estate attorney, the most useful thing to know first is that real estate work splits into two very different jobs. One is getting a deal papered and closed correctly. The other is untangling a deal, a title, or a co-ownership that has gone wrong. Our firm does both, but its center of gravity is the second: purchase and sale disputes, title problems, partitions, and the injunctions that sometimes have to be sought before a property or its proceeds disappear.

Contract wording decides most of these cases. Who defaulted, who was ready to close, what the contract says about remedies, and what the parties actually did in the weeks before the dispute all matter. The paper is where we start, and the history around it is where cases are often won.

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

The Andrew M. Andrew M. The firm serves clients across Palm Beach County and Broward County, including Boca Raton, West Palm Beach, and Fort Lauderdale, along with clients from New York, New Jersey, and Connecticut who own property here.

Real estate litigation is where that contract-first experience pays off. In 2024, after a five-day bench trial, a Broward County circuit judge issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract, meaning the court ordered the deal to be completed rather than leaving the client with a damages check. Winning that remedy takes careful trial preparation, a clean record of the client’s own readiness to perform, and a firm grasp of the contract’s language.

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. We practice as a true legal team, so everyone working on your file knows it, and we keep a strict 24 hour return call policy. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that fits your goals and budget rather than stretching a case out for its own sake. Many of our matters come to us by referral from other attorneys, and we communicate with referring counsel throughout.

Real Estate Problems Our Boca Raton Attorneys Handle

• Failed Closings and Purchase Contract Disputes: Buyers and sellers of residential and commercial property end up in court over missed closing dates, financing contingencies, disputed deposits, and claims that one side was not ready, willing, and able to close. The remedy may be damages, return of a deposit, or an order compelling the sale.
• Specific Performance Claims: Because real property is treated as unique, a buyer can ask a court to order the seller to convey it. Florida gives a specific performance action a one-year limitations period, so waiting while negotiations drag on can quietly end the claim.
• Partition Actions: Co-owners who cannot agree on what to do with a property can ask the court to divide it or order it sold. This comes up among former business partners, siblings who inherited a home, unmarried couples, and investors who want out of a shared deal.
• Title Disputes and Quiet Title Actions: When competing claims of ownership, a questionable deed, or a recorded instrument clouds title, a quiet title action asks the court to decide who owns what and to remove the cloud. We act for owners who need to clear title and for clients who need to separate themselves from title to a property.
• Landlord and Tenant Matters: Nonpayment, lease violations, and terminations of month-to-month tenancies each follow notice rules under Florida’s landlord-tenant statute, and a defective notice can derail an eviction.
• Commercial Lease Disputes: Defaults, personal guarantees, disputes over common area charges, and early terminations often turn on lease language the parties barely remember negotiating.
• Co-Owner Disputes Involving Entities: When property is held through an LLC or corporation, a fight over the property is often also a fight over the company, which can involve deadlock, misappropriated funds, and dissolution.
• Emergency Injunctive Relief: When a co-owner or counterparty is about to sell, encumber, or strip a property, a temporary or permanent injunction can freeze the situation while the case proceeds.

What to Do When a Property Dispute Is Already Underway

Start by collecting the paper. For a failed closing, that means the signed contract and every addendum, the deposit receipt, all emails and texts with the other side and the brokers, and any written notices of default or extension. For a co-ownership problem, gather the deed, any title policy, loan documents, records of who paid taxes, insurance, and repairs, and any written agreement among the owners. For a title cloud, pull the recorded instruments you have and note exactly what you believe is wrong with them.

Then look at the clock. A Florida claim founded on a written contract generally has a five-year limitations period, while an oral or implied contract claim has four years. A specific performance action is only one year. Fraud claims run four years from discovery, subject to a 12-year outer limit. Those differences matter because one set of facts can support several claims, each on its own deadline, and the shortest one may control your strategy.

Do not take unilateral steps that hand the other side an argument. Do not change locks on a co-owned or leased property, stop paying a mortgage you jointly owe, or send an angry termination notice you drafted yourself. Tenant disputes are especially unforgiving. For nonpayment, the landlord’s written demand starts a three-day period that excludes weekends and court-observed legal holidays, and accepting partial rent afterward requires specific handling, such as a written receipt or a fresh notice, to avoid muddying the record. Other violations carry a seven-day framework, and some are incurable. An error in the notice can mean starting over.

Where your case is heard depends on the amount at stake and the type of relief. Claims above the county court ceiling, and actions in equity such as partition, quiet title, and injunctions, belong in circuit court. Palm Beach County cases are heard in the Fifteenth Judicial Circuit, and Broward County cases in the Seventeenth Judicial Circuit, which also operates complex business divisions for larger commercial disputes. Property-related actions are filed where the land sits, so a Broward property is litigated in Broward even if you live in Boca Raton or in New Jersey. We handle the local court appearances for clients who live elsewhere and keep them informed at each stage.

Partition and Quiet Title in Florida: How Courts Actually Resolve Them

Partition sounds simple, but the process has real structure. All partition actions are brought in equity. The complaint must describe the land, identify the owners and where they live, and state what share each holds. If the court orders partition, it appoints three commissioners, chosen by the court unless the parties agree on them, to evaluate whether the land can be fairly divided. When the commissioners report that division would prejudice the owners, the court can order a public sale and split the proceeds in proportion to each owner’s interest. Sales on credit are possible for good cause, but at least one-third of the price must be paid at the outset unless everyone consents otherwise.

Inherited property has its own track. Florida adopted the Uniform Partition of Heirs Property Act, which applies to partition actions filed on or after its effective date in 2020. Where property is held as tenants in common, there is no binding agreement governing partition, at least one owner acquired title from a relative, and a further statutory condition is met (for example, twenty percent or more of the interests are held by relatives), the property is treated as heirs property and the court must follow the Act’s procedures. Those procedures give cotenants added protection, including the chance to buy out a partitioning co-owner before a forced sale. A judgment of partition in kind requires findings that the statutory factors were considered.

Quiet title works differently. The court’s equity jurisdiction covers any person claiming legal or equitable title, and a plaintiff can ask the court to cancel a conveyance or other evidence of title held by someone who is not the rightful owner. The action may be filed in any county where part of the land lies, and the plaintiff must trace title back at least seven years unless the court orders otherwise. Where the case rests on an alleged fraudulent attempted conveyance, Florida provides a summary procedure and directs the court to advance the case on its calendar. Adverse possession claims also surface in title fights; they require seven years of continuous possession under the statute, and a claim under color of title depends on the instrument having been recorded in the county.

When partners hold property through a company, the dispute can become a dissolution case. An LLC member can seek judicial dissolution on grounds that include deadlock with irreparable injury, misappropriation or waste of assets, or the impracticability of carrying on the business under its operating agreement, and the court can appoint a receiver or order a buyout of the petitioner’s interest. Corporate shareholders have comparable remedies, including a statutory election to purchase the petitioner’s shares at fair value. Judges handling these cases can also issue injunctions to preserve assets while the case is pending.

Boca Raton Real Estate Lawyer FAQ

What does a real estate attorney do that a title company or broker does not?

A broker brings the parties together and a title company insures title and handles the closing mechanics. Neither is positioned to give you legal advice about your rights or to represent you in court. An attorney reviews and negotiates the contract, advises you when a deal is falling apart, and files and defends the lawsuit if it comes to that.

Can I sue to force a seller to complete a sale?

Yes, in appropriate cases. Florida courts can order specific performance of a real estate contract, and our firm has obtained a final judgment doing so after a bench trial. The buyer generally must show readiness and ability to close, and the action carries a one-year limitations period, so it should not be delayed.

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

A claim founded on a written contract has a five-year period, an oral or implied contract claim has four, and rescission has four. Specific performance is one year, and fraud runs four years from discovery with a 12-year cap. Because several may apply at once, the shortest should drive your timing.

What happens to my deposit if the deal falls through?

It depends on the contract’s default and deposit provisions and on who actually breached. Many contracts spell out whether a deposit is forfeited or returned and whether there is a mediation or notice step first. These disputes are common, and the answer often turns on small details such as notice timing and contingency deadlines.

My sibling and I inherited a house and cannot agree. Can one of us force a sale?

Generally, yes, through a partition action. If the property qualifies as heirs property under Florida’s uniform act, additional protections apply, including procedures that let the other owners try to buy out the one seeking partition before the court orders a sale.

How does a court decide between dividing property and selling it?

The court appoints three commissioners who evaluate whether the land can be divided without prejudice to the owners. A single residence usually cannot be divided fairly, so sale is common. If the commissioners find division would prejudice the owners, the court can order a public sale and distribute the proceeds by ownership share.

What is a quiet title action and when do I need one?

It is a lawsuit asking the court to declare who owns a property and to remove competing claims, such as a defective deed or a recorded instrument you believe is invalid. It is useful when a cloud prevents you from selling, refinancing, or confirming ownership. The plaintiff generally must trace title for at least seven years.

My business partner and I own real estate through an LLC. Where does the dispute go?

Often into circuit court, where the claims can include breach of the operating agreement, breach of fiduciary duty, an accounting, and judicial dissolution. Some operating agreements contain buyout or deadlock-sale provisions that can change the path, so the agreement should be reviewed before anyone files anything.

I live in New York. Can I handle a Florida property dispute remotely?

Largely, yes. We regularly represent clients from New York, New Jersey, and Connecticut with Florida property. We handle the local filings and court appearances and keep you updated, so you do not have to travel for every hearing.

Do I have to go through a full trial to resolve a property dispute?

No. Many disputes resolve through negotiation, mediation, or arbitration, and our attorneys are experienced in each. But some matters, particularly emergencies or disputes where the other side will not engage, need a judge, and we prepare each case as though it may be tried.

How long does a case like this take in Palm Beach or Broward County?

It varies widely with the claims, the number of parties, and whether the case is contested. Both circuits manage civil cases through case management systems, and Broward’s complex business divisions handle some larger commercial matters. A straightforward partition can move faster than a multi-party dispute with competing title claims and an injunction fight.

When does a real estate dispute call for an emergency injunction?

When delay would cause harm that money cannot fix, such as an owner about to sell or encumber a co-owned property, or funds from a sale about to be moved. A court can order a temporary hold while the underlying case is decided, and we pursue early and emergency relief in those situations.

Serving Real Estate Clients Across Palm Beach and Broward Counties

Our work starts with Boca Raton and extends through the rest of southern Palm Beach County, including Delray Beach, Boynton Beach, Highland Beach, and Lantana, then north into Lake Worth, Wellington, Royal Palm Beach, West Palm Beach, Palm Beach Gardens, and Jupiter. We represent property owners, investors, and families in each of these communities, along with those in Belle Glade and other western Palm Beach County areas whose cases are heard in the Fifteenth Judicial Circuit.

Across the county line in Broward County, we serve clients in Deerfield Beach, Pompano Beach, Coconut Creek, Coral Springs, Parkland, Fort Lauderdale, Plantation, Sunrise, Hollywood, and the surrounding communities, where cases are heard in the Seventeenth Judicial Circuit. Our attorneys also appear in the United States District Court for the Southern District of Florida in matters that belong in federal court.

Many of our real estate clients do not live in South Florida full time. We regularly act for owners from New York, New Jersey, and Connecticut who hold condominiums, investment property, or shares in family real estate here, and for attorneys elsewhere who refer us Florida matters for their clients.

Talk With a Boca Raton Real Estate Lawyer Before the Dispute Hardens

Real estate disputes tend to get more expensive and less flexible the longer they sit, and some deadlines are short. If you are dealing with a failed closing, a co-owner who will not cooperate, a cloud on your title, or a tenant problem that is not resolving, our Boca Raton real estate lawyer team can review the documents and tell you where you stand. Call the Andrew M. Schwartz Legal Team to schedule a consultation. We answer the phone, and if we are in court we return calls within 24 hours.