Broward County Real Estate Transactions Attorney

The Andrew M. Schwartz Legal Team represents business owners, investors, and families who buy, sell, lease, and co-own property in Broward County, handling both the transactions themselves and the disputes that follow when a deal goes sideways. A Broward County real estate transactions attorney earns the most value at two moments: before a contract is signed, when the wording can still be shaped, and after a closing falls apart, when that wording becomes the entire case.

Real estate deals fail in predictable places. A deposit clause that sounded routine turns out to govern who keeps tens of thousands of dollars. A closing date slips and neither side can say who defaulted first. A seller finds a better offer and stops returning calls. Co-buyers take title together without any agreement on how to exit. Each of these starts as a drafting or timing question, and each is far cheaper to settle at the contract stage than in a courtroom.

Our team handles commercial and residential purchase and sale contracts, leases, title problems, and the litigation that comes from failed closings. We work with local buyers and sellers as well as clients in New York, New Jersey, and Connecticut who hold property or business interests in Broward and Palm Beach Counties.

What a Real Estate Transactions Lawyer Actually Does Before Closing

The work starts with the contract. Purchase agreements allocate risk: who bears the loss if financing falls through, what inspection or due diligence rights the buyer holds, when the deposit becomes nonrefundable, what counts as a default, and what remedies each side keeps. Standard form contracts leave many of those points to default rules or blanks, and the blanks are where disputes grow. An attorney reviewing the agreement asks what happens in the three or four ways this deal could realistically go wrong, then rewrites the language so the answer is clear.

On the commercial side, the review extends to existing leases and tenant rights attached to the property, title exceptions, survey issues, entity structure for the buyer, and the representations the seller is willing to stand behind. For investors buying through an LLC or with partners, the transaction should be paired with an operating agreement that addresses what happens when one owner wants out, because the real estate itself often becomes the contested asset later.

Careful drafting also preserves options. If a counterparty refuses to close, the contract determines whether you can sue for damages, keep a deposit, or compel the sale itself. That last remedy matters more than many buyers realize, and it is discussed further below.

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

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Broward County, Palm Beach County, and the surrounding South Florida market. Andrew M. His career has centered on contract disputes, which is the foundation of nearly every real estate transaction that ends up contested.

Andrew is joined by Senior Counsel Sundeep Nath, a Northwestern-trained litigator with years of experience handling business and real estate cases in both state and federal courts. The firm practices as a true legal team: everyone working on a matter knows the file, so a call from a client is answered by someone who can actually respond. A strict 24 hour return call policy applies when we are in court or otherwise unavailable, and scheduled conference calls are arranged at times that suit everyone involved.

After a 5-day bench trial, the Broward County Circuit Court issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract, meaning the court ordered the deal enforced rather than leaving the client with a damages claim. Our attorneys are also experienced in mediation and arbitration, and we look for the resolution that fits the client’s goals and budget rather than prolonging a case for its own sake. A significant part of our practice comes from referrals from other attorneys, including out of state counsel whose clients have Florida property disputes.

Real Estate Issues We Handle for Broward County Clients

• Purchase and Sale Contract Disputes: Disagreements over deposits, financing contingencies, inspection periods, and who defaulted first. These cases turn on the contract’s precise wording and the parties’ correspondence leading up to the missed closing.
• Failed Closings and Specific Performance: When a seller or buyer walks away, the injured party can sometimes ask the court to compel the closing instead of settling for money. Real property is treated as unique, which is why this remedy is available, but it comes with a short limitations period.
• Commercial Lease Negotiation and Disputes: Rent escalations, personal guaranties, tenant improvement obligations, assignment and subletting rights, and default and termination provisions in retail, office, and industrial leases.
• Landlord and Tenant Matters: Nonpayment notices, termination for noncompliance, partial rent acceptance, and eviction proceedings, where the notice requirements in the Florida landlord-tenant statute must be followed exactly or the case can be undone.
• Partition Actions Among Co-Owners: Former business partners, siblings who inherited a property, unmarried couples, and investors who want out of a shared holding can ask the court to divide the property or order it sold and split the proceeds.
• Title Disputes and Quiet Title Actions: Competing ownership claims, clouds on title from old or questionable conveyances, and the need to clear title before a sale or refinance can proceed.
• Injunctions Protecting Property: Emergency or temporary relief to stop a co-owner, tenant, or counterparty from transferring, encumbering, or damaging real property while the dispute is pending.
• Outside General Counsel for Property Owners: Ongoing contract review, compliance support, and registered agent service for companies that buy, lease, and manage real estate regularly.

Deadlines and Next Moves When a Broward Real Estate Deal Goes Wrong

Time limits drive the strategy more than most clients expect. A claim on a written real estate contract generally carries a five-year limitations period in Florida, but an action seeking specific performance carries a much shorter one-year period. A buyer who waits to see whether the seller will come around can lose the right to compel the sale entirely. Fraud claims run four years from discovery, with an outer cap of twelve years, and an action to rescind a contract has a four-year period. These deadlines apply to causes of action that arise now, and the right clock depends on which remedy you actually want.

The first practical step is to gather the paper: the fully signed contract and every addendum, deposit receipts, emails and texts with the other side and the agents, inspection reports, loan commitment letters, and any notices of default or demand. Do not rely on a verbal assurance, and do not sign a release, extension, or amendment before a lawyer reads it. Many clients inadvertently weaken a claim by agreeing to a casual closing extension that resets the default analysis.

If money is held in escrow, find out who holds it and under what terms before anyone demands its release. If you suspect a counterparty is about to transfer or encumber the property, that is the situation where emergency injunctive relief is considered, and speed matters.

Broward civil cases are heard in the Seventeenth Judicial Circuit. Disputes above the county court limit go to circuit court, and the Central Judicial Complex in Fort Lauderdale is the main civil venue, with regional courthouses in Deerfield Beach, Hollywood, and Plantation serving other parts of the county. The circuit’s complex business division also handles certain larger business and construction cases, and a case can be filed directly into it under the circuit’s administrative order. Federal court in Fort Lauderdale is an option only when federal jurisdiction exists. Because the right forum depends on the amount in controversy and the parties involved, we evaluate that before filing.

Partition, Title, and Co-Ownership Problems in Broward County

When owners cannot agree on what to do with a shared property, Florida’s partition statute gives any co-owner a route out. The complaint must describe the land, name the owners and where they live, and state what share each holds. The court then appoints three commissioners, chosen by the parties if they agree, who examine whether the property can be physically divided without prejudicing the owners. For a single condominium unit or house, division usually is not practical, and the court may order a sale at public auction with the proceeds divided in proportion to ownership. Where the court allows a sale on credit for good cause, at least one-third of the price must be paid down unless everyone consents otherwise.

Inherited property carries a special layer. Florida’s version of the Uniform Partition of Heirs Property Act applies to partition actions filed on or after its effective date, and it governs property held as tenants in common where cotenants acquired title from relatives and certain further conditions are met, including that twenty percent or more of the interests are held by relatives. When it applies, the court must follow its procedures, and a partition in kind is not entered unless the commissioners considered the statutory factors and found that dividing the land would prejudice the cotenants as a group. These protections change who can force a sale and how.

Title problems are a separate track. Under Florida’s quiet title chapter, a person claiming legal or equitable title can ask a court to determine ownership and cancel a conveyance or other record that clouds title, and the action may be filed in any county where part of the land sits. The plaintiff must trace title back at least seven years unless the court orders otherwise. Adverse possession claims, which require seven years of continuous possession under the statutory conditions, sometimes surface in these cases, and they carry their own filing requirements including a full legal description of the claimed parcel. Each of these disputes can be paired with an injunction to freeze the property while the court decides.

Broward County Real Estate Questions, Answered

Do I need a lawyer to buy or sell a home in Broward County?

Florida does not require one, but a lawyer reviewing the contract before signing is the cheapest protection available. Deposit forfeiture, financing contingencies, and default remedies are decided by the contract’s language, and changes are easy before signing and difficult afterward. For commercial deals and any transaction involving an entity or multiple owners, representation is far more important.

What can I do if a seller refuses to close?

Depending on the contract, you may sue for damages, recover your deposit, or ask the court to order specific performance, which compels the sale. Specific performance has a one-year limitations period in Florida, so acting quickly matters. Our firm has obtained a final judgment awarding specific performance of a commercial real estate contract after a bench trial in Broward County.

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

A claim founded on a written contract generally has five years. Oral or implied contract claims have four years, rescission claims four years, and fraud claims four years from discovery with a twelve-year outer limit. Specific performance is the outlier at one year. Which period applies depends on the remedy you seek.

Can I get my deposit back if the buyer or seller defaults?

It depends on who defaulted and what the contract says. Many contracts specify that a buyer’s deposit is the seller’s sole remedy upon buyer default, while a seller’s default usually allows the buyer to recover the deposit or pursue other remedies. Escrow agents often will not release funds without agreement or a court order, so disputes over deposits frequently require a demand and sometimes a filing.

How does a landlord properly terminate a tenancy for nonpayment in Florida?

The landlord must deliver a written demand for payment or possession, and if the default continues for three days after delivery, excluding Saturdays, Sundays, and court-observed legal holidays, the landlord may terminate. Accepting partial rent does not waive the landlord’s right to terminate, but the landlord must handle the partial payment correctly by issuing a receipt, posting a new notice, or placing the money in the court registry when filing.

What notice does a landlord give for a non-rent lease violation?

For violations that can be cured, the notice must state that the tenant has seven days from delivery to correct the problem or the landlord will terminate. For violations that cannot be cured, such as intentional destruction of property, or a repeat violation within twelve months of a written warning, the landlord may give a notice of intent to terminate and the tenant has seven days to vacate.

Can I force the sale of a property I co-own with someone else?

Yes, through a partition action. If the property cannot be divided fairly, the court can order it sold and the proceeds divided in proportion to each owner’s share. The process differs when the property qualifies as heirs property, where the court must follow additional protective steps before ordering a sale.

What is a quiet title action and when is it used?

It is a lawsuit asking the court to declare who owns a property and cancel conflicting claims or recorded instruments that cloud title. It is used to clear competing ownership claims, resolve problems from improper conveyances, or separate a client from title to a property they should not hold.

Can an out of state owner handle a Broward property dispute without traveling here?

In most cases, yes. We regularly represent clients from New York, New Jersey, and Connecticut, handle the local court appearances, and keep clients informed by phone and scheduled conference calls so they do not need to travel for every hearing.

Is it worth hiring a lawyer if my real estate dispute involves a modest amount of money?

Often the dollar figure understates the stakes, because title, possession, and a future sale may be affected. County court handles claims in the mid-range, and small claims covers lesser amounts, so the forum and cost can be scaled to the dispute. A short consultation can tell you whether the claim justifies litigation or is better resolved through negotiation or mediation.

Do real estate disputes have to go to trial?

No. Many are resolved through negotiation, mediation, or arbitration, and our attorneys have experience in all three alongside courtroom litigation. We pursue the path most likely to reach your goal efficiently, and we try cases when settlement does not serve the client.

Can a court stop a transfer of property while my case is pending?

Yes. Temporary and, when warranted, permanent injunctions can restrain a party from selling, encumbering, or damaging real property while the dispute is resolved. Courts want to see a real and imminent risk of harm, so documentation of the threatened conduct is important.

Serving Real Estate Clients Throughout Broward County and South Florida

Our work for Broward County clients covers Fort Lauderdale, Hollywood, Pompano Beach, Deerfield Beach, Coral Springs, Plantation, Sunrise, Davie, Pembroke Pines, Miramar, Weston, Lauderhill, Tamarac, Margate, Coconut Creek, Parkland, Oakland Park, Wilton Manors, Dania Beach, and Hallandale Beach. Whether a dispute involves a waterfront property near the Intracoastal, a retail center along a major commercial corridor, or a family home owned by siblings, the case belongs in the Seventeenth Judicial Circuit and the same contract-driven analysis applies.

We also represent clients in neighboring Palm Beach County, including Boca Raton and West Palm Beach, where the Fifteenth Judicial Circuit sits, and we handle matters throughout South Florida. Clients from New York, New Jersey, and Connecticut who own investment property or hold an interest with partners in this region work with us regularly.

Speak With a Broward County Real Estate Transactions Attorney

If you are about to sign a purchase contract, negotiating a commercial lease, or dealing with a closing that collapsed, a conversation with a Broward County real estate attorney sooner rather than later preserves options that disappear with time. Contact the Andrew M. Schwartz Legal Team to discuss your transaction or dispute, and we will tell you plainly what the contract provides, what deadlines apply, and what resolution makes sense for your goals and your budget.