Boynton Beach Real Estate Litigation Attorney

A real estate dispute in Boynton Beach is filed in the Fifteenth Judicial Circuit, which sits in and for Palm Beach County, and the deadline that controls your case may be shorter than you expect. A claim to enforce a purchase contract for specific performance has a one-year limitations period, while a breach claim on the same written contract gets five. The Andrew M. Schwartz Legal Team handles real estate transactions and litigation for owners, investors, landlords, and families throughout Palm Beach County and Broward County, and works with a Boynton Beach real estate litigation attorney perspective on failed closings, co-ownership fights, title problems, and landlord and tenant conflicts.

The difference between those two clocks is the kind of detail that decides cases. A buyer whose seller walks away from a signed contract may want the property itself rather than damages, and the window to ask a court to order the sale to go forward is far narrower than the window to sue for money. The same pattern appears in partition, quiet title, and lease disputes: the remedy you want determines the statute that governs you, and waiting to see how things develop can quietly forfeit the better remedy.

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

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Boynton Beach, Boca Raton, West Palm Beach, Fort Lauderdale, and communities throughout Palm Beach County and Broward County. Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation, was admitted to The Florida Bar in 1989, and has practiced litigation in Florida since that year. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. His career has centered on contract disputes, partner and member conflicts, and real estate litigation, which is the exact overlap where most Boynton Beach property cases land.

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. The firm works as a true legal team, so everyone on a matter knows the file, and a strict 24 hour return call policy applies when an attorney is in court and cannot pick up right away.

The firm’s results include a 32-page final judgment, entered after a 5-day bench trial in Broward County Circuit Court, awarding the client specific performance of a commercial real estate contract. That is the remedy most buyers actually want when a seller refuses to close, and it is demanding to win because it requires proof of the contract terms, the client’s readiness to perform, and the seller’s breach, all tested at trial. The firm also represents out of state clients, including those from New York, New Jersey, and Connecticut, who own property here, and handles the local court appearances so they do not need to travel for every hearing. Many matters arrive as referrals from other attorneys.

Real Estate Disputes We Litigate for Boynton Beach Owners and Investors

• Failed Closings and Purchase Contract Disputes: A buyer or seller who refuses to close can face claims for damages, return of deposits, or specific performance. The written contract usually carries a five-year limitations period, but a specific performance claim must be brought within one year.
• Partition Actions: When co-owners cannot agree on a shared property, any owner may ask the court to divide it or order it sold. Common parties include former business partners, siblings who inherited a home, and unmarried couples.
• Heirs Property: Inherited property held among relatives is treated differently from ordinary co-ownership. Where it qualifies as heirs property, a special statutory process applies, and sale of the property is not the automatic result.
• Quiet Title and Title Disputes: Competing ownership claims, clouds on title, and questionable conveyances can be resolved by a court judgment determining who holds title. The plaintiff generally must trace title back at least seven years.
• Adverse Possession Claims: Florida allows a claim based on seven years of continuous possession under specific statutory conditions, and a person claiming without color of title must file a return with the property appraiser that includes a full legal description.
• Commercial Lease and Landlord-Tenant Conflicts: Nonpayment, lease violations, and termination notices follow strict statutory timing for residential tenancies, and errors in the notice can derail an eviction.
• Co-Owner Misconduct and Missing Funds: Investors in an LLC that holds real estate sometimes discover diverted rent, unaccounted capital, or commingled accounts, which can support claims for an accounting, breach of fiduciary duty, and injunctive relief.

What to Do Now If a Property Dispute Is Developing in Boynton Beach

Start by identifying which documents control your situation, because the right deadline and the right remedy depend on them. Gather the signed purchase contract or lease, any amendments, the deed, the operating agreement if an entity owns the property, and every written communication about the dispute. Emails and texts that show who promised what, and when, often carry more weight than people realize, so preserve them and do not delete anything.

Next, sort out the clock. A suit on a written contract generally has five years, an oral or implied contract has four, a fraud claim has four years from discovery subject to an outer limit of 12 years, and a specific performance action has one. Claims founded on negligence, such as some professional malpractice theories involving closing agents or inspectors, now have two years. Because several of these can apply to one transaction, do not assume the longest period governs.

Be careful about what you do in the meantime. Landlords who accept partial rent after serving a three-day nonpayment notice must handle it correctly, either by giving a written receipt with the date, amount, and balance, placing the funds in the court registry when filing, or serving a new notice reflecting the revised amount. Residential tenants must receive proper written notice before termination, with a seven-day period for curable lease violations and an immediate seven-day notice to vacate where the violation cannot be cured. Self-help measures such as changing locks or withholding access can expose you to liability, so route those decisions through counsel.

Cases above the county court threshold are heard in the circuit court for Palm Beach County, and Boynton Beach residents may find themselves at the South County Courthouse in Delray Beach or the main courthouse in West Palm Beach depending on the division assigned. Disputes tied to Broward property are heard in Broward’s Seventeenth Judicial Circuit, which has a complex business division for larger matters. Federal court in West Palm Beach or Fort Lauderdale becomes relevant when the parties are from different states and the amount in controversy qualifies, which comes up often with out of state investors. When the situation is urgent, such as a seller about to convey the property to a third party or a co-owner draining rents, the firm can seek temporary or emergency injunctive relief while the case is pending.

How Partition, Quiet Title, and Co-Ownership Cases Are Decided

Partition is a creature of chancery, so the court acts in equity. The complaint must describe the land, name the owners and where they live, and state the share each holds. If the court enters judgment for partition, it appoints three commissioners, unless the parties agree on who they should be, to determine whether the property can be divided without prejudice to the owners. When division is not practical, the court may order a sale at public auction, with proceeds distributed according to each owner’s interest. The court can allow a sale on credit for good cause, but at least one-third of the price must be paid down unless all parties consent otherwise.

Heirs property follows a different path. Under Florida’s Uniform Partition of Heirs Property Act, which applies to actions filed on or after July 1, 2020, a court that finds the property qualifies must proceed under that part of the statute unless all cotenants agree otherwise. Qualifying property is held as tenants in common with no binding agreement on partition, at least one cotenant acquired title from a relative, and a further condition is met, such as twenty percent or more of the interests being held by relatives. The practical effect is that a partition in kind is not entered unless commissioners consider the statutory factors and find that dividing the property in kind would prejudice the cotenants as a group.

Quiet title actions are also equitable. A plaintiff claiming legal or equitable title may ask the court to cancel a conveyance or other evidence of title held by someone who is not the rightful owner and remove the cloud. The action may be filed in any county where part of the land lies, and the plaintiff generally must deraign title for at least seven years unless the court orders otherwise. Where the claim rests on an allegedly fraudulent attempted conveyance, the statute provides a summary procedure and requires the court to advance the case on its calendar.

When Co-Owners Hold Property Through an LLC or Corporation

Many Boynton Beach investment properties sit inside an entity, which shifts the dispute from partition to dissolution and buyout law. Under the Florida LLC statute, a member or manager may seek judicial dissolution when the company is deadlocked and irreparable injury is threatened or occurring, when assets are being misappropriated or wasted, when controlling members act or are expected to act illegally or fraudulently, or when it is not reasonably practicable to carry on the business under the operating agreement. Before ordering dissolution, the court may appoint a receiver or custodian after notice and a hearing, or order a purchase of the petitioning member’s interest. If the operating agreement contains a deadlock sale provision that is initiated before the court finds deadlock, that provision generally governs in place of dissolution.

For corporations, a shareholder may seek dissolution on specified statutory grounds, and the corporation or other shareholders may elect to purchase the petitioner’s shares at fair value, which can avoid dissolution altogether. If the parties agree on price and terms within 60 days after the first election is filed, the court enters an order directing the purchase on those terms. The corporation must notify the other shareholders within 30 days of the start of a qualifying proceeding that they may elect to buy out the petitioner. During the case, the court can issue injunctions, appoint a receiver or custodian, and take other steps to preserve assets, which matters when the corporation’s principal asset is a building.

Boynton Beach Real Estate Litigation Questions Answered

How long do I have to sue over a broken real estate contract in Florida?

A claim on a written contract generally must be filed within five years. An oral or implied contract claim has four years, and a rescission claim also has four. These periods run from when the cause of action accrues, so the date of the breach matters.

Is the deadline different if I want the court to force the sale to close?

Yes. A specific performance action has a one-year limitations period, much shorter than the five years for a written contract damages claim. A buyer who wants the property rather than money should not wait.

Can a co-owner force the sale of a property I inherited with my siblings?

A co-owner can ask the court for partition, but inherited property that qualifies as heirs property is governed by a special statutory process that makes forced sale less automatic. The court looks at whether partition in kind would prejudice the cotenants as a group before ordering a sale.

What happens if the property cannot be divided fairly?

The court may order the property sold at public auction and divide the proceeds in proportion to each owner’s interest. Commissioners first report whether division is possible without prejudice to the owners.

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

It is a lawsuit asking the court to determine who owns property and cancel competing claims or recorded instruments that cloud title. People use it when a deed is disputed, a former partner still appears in the chain of title, or a conveyance appears fraudulent.

Can someone take my property by adverse possession in Florida?

It is possible but requires seven years of actual, continuous possession under a claim of title, plus compliance with statutory requirements such as filing a return with the property appraiser and paying taxes in some situations. Prompt action against a trespasser or encroacher usually avoids the issue.

My business partner and I own a building through an LLC and can’t agree. What are my options?

Review the operating agreement first for buyout, deadlock, or dissociation provisions. If none solves the problem, Florida law allows judicial dissolution on specified grounds, and a court can appoint a receiver or order a buyout of the petitioning member’s interest.

Can I stop a co-owner from selling or encumbering the property while we fight?

Often yes. A court can issue temporary injunctive relief, including on an emergency basis, to freeze the status quo while the dispute is pending. The showing required is substantial, so documentation of the threatened transfer matters.

If a landlord accepts partial rent after serving a three-day notice, is the eviction ruined?

Not automatically. Accepting partial rent does not waive the right to terminate or sue, but the landlord must handle it correctly: issue a written receipt, deposit the partial rent in the court registry upon filing, or serve a new three-day notice reflecting the revised balance.

Will my case be in county court or circuit court?

Claims above the county court monetary limit are heard in circuit court, and that threshold is adjusted periodically. Equitable actions such as partition, quiet title, and injunctions are heard in circuit court regardless of the amount, because those are chancery matters.

I live in New York and own a share of a Boynton Beach property. Do I have to travel for the case?

Generally not. The firm regularly represents out of state owners, handles the local court appearances, and keeps clients informed so they can participate through conference calls and scheduled updates.

Serving Real Estate Litigation Clients Across Boynton Beach and South Florida

The firm represents property owners and investors from Boynton Beach and the neighboring Palm Beach County communities of Lantana, Hypoluxo, Ocean Ridge, Gulf Stream, Delray Beach, Boca Raton, Highland Beach, Lake Worth Beach, Greenacres, Royal Palm Beach, Wellington, and West Palm Beach. Matters also arise in Palm Beach Gardens, Jupiter, Riviera Beach, and Belle Glade, where the county’s circuit and county courts hear civil cases. To the south, the team serves clients in Broward County, including Deerfield Beach, Pompano Beach, Fort Lauderdale, Coral Springs, Hollywood, and Plantation, and appears in both the Fifteenth and Seventeenth Judicial Circuits as well as federal court in the Southern District of Florida when a case belongs there. The firm also works with owners from New York, New Jersey, and Connecticut whose properties, business partners, or co-owners are located in South Florida.

Talk With a Boynton Beach Real Estate Litigation Lawyer

If you are weighing a failed closing, a co-owner who will not cooperate, a cloud on your title, or a landlord-tenant conflict, the first conversation with a Boynton Beach real estate litigation lawyer should tell you which deadline applies, which remedy fits your goals, and whether emergency relief is warranted. Contact the Andrew M. Schwartz Legal Team by phone to discuss your property dispute and the path that best serves your objectives and budget.