Boynton Beach Real Estate Transactions Attorney

A real estate deal can look finished on paper and still fall apart at the closing table, and when it does, the contract itself decides who wins. If you are looking for a Boynton Beach real estate transactions attorney, the Andrew M. Schwartz Legal Team handles commercial and residential purchase and sale agreements, title problems, failed closings, landlord and tenant matters, and the litigation that follows when a deal goes wrong, for property owners and investors in Boynton Beach, Palm Beach County, and Broward County.

Most transaction trouble starts in the same place: a contract signed quickly, with contingencies, deadlines, or default remedies nobody read closely. Boynton Beach sits between Delray Beach and Lake Worth Beach, and its property mix includes single-family homes, condominiums, small commercial buildings, and investment holdings, some of them owned by people who live in New York, New Jersey, or Connecticut. Each of those situations has its own contract pressure points, and getting the paperwork right before closing is almost always cheaper than fixing it afterward.

Whether you are buying, selling, leasing, or trying to pull out of a shared ownership, the questions are the same ones a careful lawyer asks first. What does the written agreement actually say? What happens if the other side does not perform? Is the title clean? And how fast does the clock run if something goes wrong?

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

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving clients in Boynton Beach, Boca Raton, West Palm Beach, Fort Lauderdale, and throughout Palm Beach County and Broward County. The firm’s lead attorney, Andrew M. Schwartz, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation, with a career built around contract disputes, partner and co-owner conflicts, and real estate cases. He holds an undergraduate degree from Emory University (1986) and a law degree from the University of Miami (1989).

That litigation background matters in a transaction practice. A lawyer who has argued over the wording of purchase agreements in court reads them differently from one who only drafts them. Senior Counsel Sundeep Nath, a Northwestern-trained litigator, adds years of business and real estate experience in state and federal courts. The firm works as a true legal team, so everyone on your 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 has also handled real estate disputes through trial. After a 5-day bench trial, a Broward County Circuit Court judge issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. Results depend on the facts of each case and no outcome can be promised, but that judgment reflects the kind of contract-focused work the firm does when a seller or buyer refuses to close.

Many clients are out-of-state owners with Florida property. We handle the local court appearances so you do not have to travel for every hearing. We also accept referrals from other attorneys, including out-of-state lawyers whose clients have property in South Florida. Mediation and arbitration are part of our practice as well, and we look for the resolution that fits your goals and budget rather than prolonging a case.

Real Estate Transaction Issues We Handle for Boynton Beach Owners and Investors

• Purchase and Sale Contract Disputes: Disagreements over financing contingencies, inspection periods, deposits, and who is in default when a buyer or seller will not close.
• Failed Closings and Specific Performance: When a counterparty walks away from a signed contract, a court can sometimes order the sale to go forward. Florida sets a short one-year limitations period for specific performance actions, so waiting costs you leverage.
• Commercial Real Estate Transactions: Purchases, sales, and lease agreements for retail, office, and investment property, where the details of the contract drive the outcome.
• Quiet Title and Title Disputes: Competing ownership claims, clouds on title, and conveyances that should not stand. Florida’s quiet title statute lets a court cancel improper evidence of title and settle who owns the land.
• Partition Actions: Co-owners who cannot agree on a property, including former business partners, heirs, and unmarried couples, may ask the court to divide the property or order it sold.
• Landlord and Tenant Matters: Nonpayment notices, lease terminations, and possession actions for residential and commercial landlords and tenants.
• Co-Owned Investment Property: Disputes between investors who hold real estate together through an LLC or as individuals, including buyouts and exits from shared investments.
• Emergency Relief: Temporary and permanent injunctions to stop a property from being sold, encumbered, or stripped of value while a dispute is pending.

What to Do When a Boynton Beach Real Estate Deal Goes Wrong

Start by gathering the paper. Pull the signed contract, every addendum, the deposit receipt, inspection reports, lender communications, and all emails and texts with the other side or the real estate agent. In a transaction dispute the written record usually controls, and the order of events (who gave notice, when, and how) can decide who is in breach.

Then look at the clock. A contract claim founded on a written agreement generally carries a five-year limitations period in Florida, while a claim on an oral or implied contract carries four years. Rescission actions have four years. Specific performance, which asks a court to force a sale, has only one year. Fraud claims run four years from discovery, with an outer cap of 12 years. Those periods are why we encourage people to talk to a lawyer early, even when they hope the problem will resolve on its own.

Be careful about what you say and sign in the middle of a dispute. Informal messages like “I’ll just walk away from this” or “fine, keep the deposit” can be used against you later. Avoid signing releases, extensions, or amended closing dates until someone has read them against the original contract. If title is the issue, do not record or accept a new deed without understanding what it does to competing claims.

If you are a landlord, the notice rules are strict and mistakes can derail a case. For unpaid rent, a Florida landlord delivers a written demand and the tenant has three days, not counting weekends and court-observed legal holidays, to pay or leave before the landlord may terminate. Accepting partial rent after posting the notice requires care: the landlord must issue a receipt noting the balance, deposit the partial payment into the court registry when filing, or post a new notice. For curable violations other than rent, the notice must give seven days to fix the problem; for violations that cannot be cured, the tenant gets seven days to vacate.

Where your case is heard depends on what is at stake. Disputes between roughly eight thousand and fifty thousand dollars go to county court, while larger claims, and any case seeking equitable relief like specific performance, quiet title, or partition, belong in circuit court. For a Boynton Beach property in Palm Beach County, that is the Fifteenth Judicial Circuit; for a Broward property, the Seventeenth Judicial Circuit. Federal cases involving these counties go to the Southern District of Florida, which holds court in West Palm Beach and Fort Lauderdale. Palm Beach County clerk services are available at several courthouses, including the main courthouse in West Palm Beach and a south county courthouse in Delray Beach. If you are in Broward, the Seventeenth Circuit’s complex business division handles larger business and construction litigation.

Title Defects, Quiet Title, and Co-Ownership Disputes

Many transaction problems are really title problems. A seller who cannot deliver clear title, a deed that was never properly recorded, or a conveyance made under questionable circumstances can all stall a closing or cloud ownership for years. A quiet title action under Chapter 65 lets a plaintiff ask the court to cancel a conveyance or other evidence of title held by someone with no rightful claim. The plaintiff generally has to 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 sits. Where a fraudulent attempted conveyance is alleged, the statute provides for summary procedure and calendar priority.

Adverse possession is sometimes raised in these disputes, and it is harder to prove than people assume. Without color of title, a claimant must show seven years of actual, continuous possession under a claim of title exclusive of any other right, and must file a return with the property appraiser that includes a full legal description. Claims under color of title also require continuous seven-year possession and a recorded instrument. More broadly, a suit to recover real property is barred unless the plaintiff or a predecessor held possession within seven years before filing.

Partition is the exit door when co-owners cannot agree. All partition actions are in chancery. The complaint must describe the land, identify the owners and where they live, and state what each holds. After a judgment of partition, the court appoints three commissioners, chosen by the court unless the parties agree. If the commissioners report that the land cannot be divided without harming the owners, the court may order a sale at public auction and split the proceeds in proportion to each owner’s interest. A sale on credit is possible for good cause, but at least one-third of the purchase money must be paid down unless everyone consents otherwise.

Families should know about Florida’s heirs property rules. When land is held in tenancy in common, one or more owners got title from a relative, and certain further conditions apply (for example, twenty percent or more of the interests held by relatives), the court must follow the Uniform Partition of Heirs Property Act unless every cotenant agrees otherwise. That law adds protections before a forced sale, including a requirement that the court be satisfied commissioners considered statutory factors before it refuses to divide the property in kind.

Frequently Asked Questions About Boynton Beach Real Estate Transactions

When should I hire a real estate transactions attorney?

Ideally before you sign. A lawyer can review the purchase agreement, contingencies, and default remedies while changes are still easy to negotiate. If a dispute has already started, call before you respond to the other side, since early messages often shape the case.

What happens if a buyer or seller refuses to close?

You may have claims for breach of contract, return or retention of the deposit, damages, or specific performance, which asks the court to order the sale to go forward. The right remedy depends on what the contract says and what you want, and the specific performance clock is short.

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

For a written contract, generally five years. For oral or implied contracts, four years. For specific performance, one year. Rescission is four years, and fraud is four years from discovery with a 12-year cap. A lawyer should confirm which period applies to your facts.

Can a court force someone to sell me property they agreed to sell?

Yes, in appropriate cases. Because each parcel is considered unique, courts can order specific performance of a real estate contract. Our firm won a final judgment granting that remedy on a commercial contract after a 5-day bench trial in Broward County.

What is a quiet title action?

It is a lawsuit asking the court to determine who owns a piece of land and to remove competing claims or defective evidence of title. It can be filed in any county where part of the land is located.

Can one co-owner force the sale of a property?

A co-owner can ask the court for partition, either dividing the property or ordering a sale with proceeds split by ownership share. Partition is common among former business partners, heirs, and unmarried couples.

Does the Uniform Partition of Heirs Property Act apply to my family’s land?

It can, if the property is held as tenants in common with no binding partition agreement, someone acquired title from a relative, and another statutory condition is met, such as relatives holding twenty percent or more of the interests. If it applies, the court must follow that Act’s procedures.

My tenant stopped paying rent. What is the first step?

Serve a written demand for payment or possession. The tenant has three days, excluding weekends and court-observed legal holidays, to pay or leave. Be careful about accepting partial rent afterward, because it triggers rules about receipts, the court registry, or a new notice.

I live in New York or New Jersey and own property in Boynton Beach. Can you handle the case remotely?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut with Florida real estate interests. We handle local court appearances and keep you updated at each stage so you do not have to travel for every hearing.

Which court hears my case if the property is in Boynton Beach?

Palm Beach County cases go to the Fifteenth Judicial Circuit. Claims of roughly eight thousand to fifty thousand dollars belong in county court, and larger claims or equitable relief like quiet title and partition belong in circuit court. Some disputes may qualify for federal court in the Southern District of Florida.

Does every real estate dispute have to be litigated?

No. Many are resolved through negotiation, mediation, or arbitration, and our attorneys are experienced in all three as well as the courtroom. We look for the path most likely to meet your goals without spending more than the dispute is worth.

Can a lawyer stop a property from being sold while a dispute is pending?

Sometimes. Courts can issue temporary and permanent injunctions, including emergency relief, to preserve property and company assets while the case proceeds. These requests move quickly and depend on the facts.

Serving Real Estate Transactions Clients Across Boynton Beach and South Florida

We represent property owners, buyers, sellers, landlords, tenants, and investors throughout Boynton Beach and the surrounding Palm Beach County communities, including Delray Beach, Boca Raton, Lake Worth Beach, Lantana, Hypoluxo, Ocean Ridge, Gulf Stream, Highland Beach, Greenacres, Wellington, Royal Palm Beach, West Palm Beach, Palm Beach Gardens, and Jupiter. Our work also extends into Broward County, including Deerfield Beach, Pompano Beach, Coral Springs, Parkland, Plantation, and Fort Lauderdale.

Many of the owners we help live elsewhere. Clients from New York, New Jersey, and Connecticut with business or real estate interests in South Florida are a regular part of our practice, whether they hold a condominium, a commercial building, or a share of an investment property with a partner who lives here. We also work with referring attorneys across the country whose clients need local counsel for a Florida transaction or dispute.

Talk to a Boynton Beach Real Estate Transactions Lawyer

If a contract is going sideways, a closing has collapsed, or a title or co-ownership problem is putting your property at risk, call the Andrew M. Schwartz Legal Team to discuss your situation. As a Boynton Beach real estate transactions lawyer serving Palm Beach and Broward Counties, our firm will review your documents, explain the deadlines that apply, and recommend the most practical route, whether that is negotiation, mediation, or court. Reach out today to schedule a consultation.