Boynton Beach Real Estate Attorney

Real estate disputes arising from Boynton Beach property are filed in the Fifteenth Judicial Circuit, which sits in and for Palm Beach County, and the venue rules for title and ownership cases are more flexible than most owners expect. The Andrew M. Schwartz Legal Team is a business litigation and real estate law firm that serves Boynton Beach, West Palm Beach, Fort Lauderdale, and the rest of Palm Beach and Broward Counties, handling both transactions and the disputes that grow out of them.

Searching for a Boynton Beach real estate attorney usually means one of two things. Either a deal is about to close and someone wants the paperwork reviewed, or something has already gone sideways: a buyer who will not close, a co-owner who will not sell, a cloud on the title, a tenant who has stopped paying. The answer to “what do I do now” depends on which of those you are in, and on a few deadlines in Florida law that quietly decide whether a claim survives.

Why Choose the Andrew M. Schwartz Legal Team for Boynton Beach Real Estate Matters

The Andrew M. Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation and has practiced in Florida since being admitted to The Florida Bar in 1989. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. Clients in Boynton Beach, Palm Beach County, and Broward County reach a lawyer who has handled purchase contract fights, co-ownership breakups, and title problems for decades, not a rotating cast of strangers.

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 works as a true legal team, so everyone on a file knows it, and it keeps a strict 24 hour return call policy when attorneys are in court. Clients also tend to find that the firm looks for the resolution that fits their goals and budget rather than stretching a case out. Mediation and arbitration are part of the toolkit alongside courtroom litigation.

The firm’s real estate work has produced results at trial. After a 5-day bench trial in Broward County Circuit Court, the court issued a 32-page final judgment in May 2024 awarding the firm’s client specific performance of a commercial real estate contract. That kind of outcome matters to anyone whose deal collapsed at the closing table, because it shows the remedy of forcing the other side to perform is real and attainable, not just a line in the contract. Many of the firm’s cases also come as referrals from other attorneys, including out of state lawyers whose clients own property here.

Real Estate Problems We Handle for Boynton Beach Owners, Buyers, and Investors

• Failed Closings and Purchase Contract Disputes: A buyer walks away, a seller refuses to convey, or a financing or inspection contingency is argued over after the fact. Remedies can include damages or an order compelling the sale, and the deadline for a specific performance action is short.
• Partition Actions: When co-owners cannot agree to keep, sell, or divide a property, Florida’s partition statute lets the court divide the land or order it sold and split the proceeds. Common in Boynton Beach among former business partners, siblings who inherited a home, unmarried couples, and investors who want out.
• Heirs Property: Inherited real estate held by relatives as tenants in common falls under a separate Florida statute that sets buyout and valuation protections before a forced sale. It matters for families who have held a house for a generation.
• Quiet Title and Title Disputes: Competing ownership claims, stale conveyances, and recorded instruments that cloud title can be cleared through a quiet title action, or an owner can use one to separate from title to property they should not be tied to.
• Money and Missing Funds in Real Estate Ventures: Diverted rents, unaccounted capital contributions, and partners who cannot explain where sale proceeds went. Claims include an accounting, breach of fiduciary duty, and recovery of funds.
• Commercial and Residential Landlord-Tenant Matters: Nonpayment, lease violations, and termination notices governed by strict Florida notice rules, plus commercial lease disputes that turn on the lease language.
• Injunctions Protecting Property: Temporary or permanent injunctive relief when property or assets are at risk of being sold, encumbered, or moved while a dispute is pending.
• Real Estate Transactions: Commercial and residential purchases and sales where careful drafting and review up front keep a deal from becoming a lawsuit later.

Deadlines and First Moves When a Boynton Beach Property Deal Goes Wrong

Start with the clock, because Florida’s limitation periods are not forgiving. A claim founded on a written contract, which describes most purchase and sale agreements and leases, must be filed within five years. An oral or implied contract claim has four years. A suit to rescind a contract also has four years, and fraud runs four years from discovery, capped at 12 years overall. The short one is specific performance, the remedy that forces a seller to deliver the property or a buyer to close: that action carries a one-year period. If your deal collapsed and you want the property, not just money, waiting to “see how things settle” can forfeit the remedy.

Gather paper before anything else. That means the signed contract and every amendment, addenda, the escrow and deposit records, emails and texts with the other side and the agents, any title commitment or survey, recorded deeds, and for co-ownership disputes, any operating agreement or side agreement among owners. Do not rely on the other party’s version of what was agreed. Cases often turn on the exact wording of a document and the history of how the parties dealt with each other.

If you are a landlord, the notice rules decide whether your eviction survives. For unpaid rent, the tenant gets a written demand and the landlord may terminate if the default continues for three days after delivery, not counting Saturdays, Sundays, or court-observed legal holidays. For a curable lease violation other than rent, the notice must give the tenant seven days to fix it, and for violations that cannot be cured, such as intentional destruction of property, a seven-day notice to vacate applies. Accepting partial rent after posting a nonpayment notice does not by itself waive your right to terminate, but you must handle it correctly: give a dated receipt noting the balance due, deposit the partial payment in the court registry when you file, or serve a fresh notice for the new amount. Sloppy handling here is one of the most common ways a landlord loses a case that should have been won.

Where you file depends on the dispute and the amount. Palm Beach County’s Fifteenth Circuit hears civil cases above the county court ceiling, which is adjusted periodically, and county court handles smaller claims. Title, partition, and injunction matters sit in the circuit court’s equity side, and Palm Beach County’s main civil courthouse is in West Palm Beach, with a southern branch in Delray Beach close to Boynton Beach residents. If the property or the other side is in Broward County, the Seventeenth Circuit sits in and for Broward and has complex business divisions that handle larger business disputes. Federal court in the Southern District of Florida, which includes West Palm Beach and Fort Lauderdale, may become relevant when the parties are from different states.

If money or property is at risk of disappearing, do not wait for a trial date. Courts can issue temporary injunctions and, in appropriate cases, appoint a receiver or custodian to preserve assets while a case is pending. Raise that early with counsel, because emergency relief is built on how quickly and clearly the risk is presented.

Partition, Quiet Title, and Co-Owner Fights: How Florida Courts Actually Resolve Them

Partition is the tool for owners who are stuck together. Under Florida law all partition actions are heard in equity, and the complaint must describe the land, identify the owners and where they live, and state each owner’s share. When the court orders partition, it appoints three commissioners, chosen by the parties if they agree, to decide whether the property can be divided fairly. If it cannot be divided without prejudice to the owners, the court may order a sale at public auction, with proceeds split in proportion to ownership. A sale on credit is possible for good cause, but at least one-third of the price must be paid up front unless everyone consents otherwise.

Families should know about the heirs property statute, which applies to partition actions filed on or after July 1, 2020. Property qualifies when co-owners hold as tenants in common with no binding agreement on partition, at least one acquired title from a relative, and further conditions are met, such as relatives holding twenty percent or more of the interests. If the property qualifies, it is partitioned under the special rules, and a partition in kind will not be ordered unless the court is satisfied commissioners weighed the statutory factors and found that division would prejudice the owners as a group. For a family home passed down to several siblings, those rules can change the outcome considerably.

Quiet title works differently. It is a suit to establish who owns land and to remove a cloud, such as a conveyance or recorded claim held by someone who is not the rightful owner. It can be filed in any county where any part of the land sits, and the plaintiff must trace title back at least seven years unless the court orders otherwise. Where a fraudulent attempted conveyance is alleged, the statute allows summary procedure and directs the court to advance the case on its calendar, which can help when a sale or financing is waiting on the result.

Ownership by possession is a separate issue. Florida bars suits to recover real property unless the plaintiff or a predecessor was in possession within seven years, and adverse possession requires seven years of continuous possession under a claim of title, with additional requirements such as a recorded instrument when claimed under color of title or a filed return with a full legal description when claimed without it. If someone is occupying part of your land, or you have occupied someone else’s, the details of that seven-year window matter greatly.

When the co-owners are also business partners, the dispute may run through an LLC or corporation. Courts can dissolve an LLC on grounds that include deadlock that threatens irreparable injury, misappropriated or wasted assets, or conduct that makes carrying on the business impracticable, and for corporations a court may order dissolution or alternative remedies, including a buyout at fair value elected by the company or other shareholders. An operating or shareholder agreement with a deadlock sale provision can control how that plays out, which is why the agreement is the first document we want to read.

Boynton Beach Real Estate Questions Answered

Do I need a real estate attorney to buy or sell a home in Boynton Beach?

Florida does not require one for a standard transaction, but it is worth having a lawyer review the contract before you sign, particularly for commercial property, investment deals, properties with multiple owners, or anything with unusual contingencies. The cost of review is small compared to a dispute over a closing that fails.

What can I do if a buyer or seller backs out of a signed contract?

Depending on the contract, you may be able to sue for damages or ask the court to compel performance. A specific performance action must be brought within one year, while a damages claim on a written contract has five years. Read the contract’s remedies and deposit provisions first, since they often limit what is available.

Can a co-owner force me to sell our property?

Yes, in many cases. Any co-owner can ask the court for partition, and if the property cannot be divided fairly the court may order it sold and the proceeds divided by ownership share. Inherited property held by relatives may get additional protections under Florida’s heirs property rules.

How long does a partition case take?

It varies with how contested the ownership shares are, whether the property can be divided or must be sold, and whether the parties settle. Many co-owners resolve it through a negotiated buyout or agreed sale once a case is filed, which is usually faster and cheaper than a court-ordered auction.

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

It is a lawsuit asking the court to declare who owns land and to cancel any conveyance or recorded claim that clouds it. You need one when competing claims, a defective deed, or a stranger’s recorded instrument prevents you from selling or financing, or when you need to separate your name from title to a property.

My business partner and I own property through an LLC and we are deadlocked. Where do I start?

Begin with the operating agreement, since it may contain buyout, deadlock sale, or dispute resolution terms that control. If it does not, Florida allows a member to seek judicial dissolution on grounds such as deadlock causing irreparable injury or misappropriated assets, and the court can appoint a receiver or custodian or order a buyout of the petitioner’s interest.

If a co-owner or partner is taking rent or sale proceeds, what are my options?

You may have claims for an accounting, breach of fiduciary duty, conversion, and recovery of the funds. If assets are at risk of being moved or spent, a court can issue emergency injunctive relief while the case is pending.

I live in New York, New Jersey, or Connecticut and own property in Boynton Beach. Do I have to travel for court?

Generally not for every hearing. The firm regularly represents out of state owners in South Florida disputes, handles the local court appearances, and keeps clients informed through scheduled calls.

Can a landlord evict immediately after missing rent?

No. For nonpayment, the landlord must first deliver a written demand and wait three days, excluding Saturdays, Sundays, and court-observed legal holidays, before terminating. A defective or premature notice can sink the eviction case.

Is it worth hiring a lawyer for a smaller property dispute?

Often yes, if the issue involves title, ownership shares, or a recurring problem, because a short consultation can show whether the claim is worth pursuing and which court is appropriate. Smaller money claims may belong in county court, and sometimes a demand letter or mediation resolves the matter without a full lawsuit.

Does every real estate dispute end up in court?

No. Many are resolved by negotiation, mediation, or arbitration. The firm’s attorneys are experienced in all three and in trying cases, so the approach is chosen based on what is likely to achieve the client’s goals efficiently.

Do you work with other attorneys on real estate referrals?

Yes. A meaningful share of the firm’s matters come from other lawyers, including out of state counsel and Florida attorneys who do not handle business or real estate litigation, and the firm keeps referring counsel updated throughout the case.

Serving Boynton Beach Real Estate Clients Across Palm Beach and Broward Counties

The firm’s real estate work starts in Boynton Beach and extends through Palm Beach County: Delray Beach, Boca Raton, Lantana, Hypoluma, Lake Worth Beach, Greenacres, Wellington, West Palm Beach, Palm Beach Gardens, Jupiter, Royal Palm Beach, Riviera Beach, and the surrounding communities. To the south, we also represent owners, investors, and families in Broward County, including Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Parkland, Hollywood, and Plantation. Clients from New York, New Jersey, and Connecticut who own investment property or a share of real estate in South Florida are a regular part of the practice, and the firm handles the Florida proceedings on their behalf.

Talk With a Boynton Beach Real Estate Law Attorney Today

If a contract has fallen apart, a co-owner is blocking a decision, or a title problem is holding up your property, a conversation with a Boynton Beach real estate law attorney can clarify which deadline is running and which remedy fits. The Andrew M. Schwartz Legal Team will review your documents, explain your options, and recommend the path most likely to meet your goals and budget. Call to schedule a consultation.