Coconut Creek Real Estate Litigation Attorney

Most people who search for a real estate litigation lawyer want one of three things: to close a deal that someone is refusing to honor, to get out of a property they co-own with someone they can no longer work with, or to clear a cloud off the title to land they believe is theirs. The Andrew M. Schwartz Legal Team handles all three for property owners, investors, landlords, and families in Coconut Creek and across Broward County and Palm Beach County.

A Coconut Creek real estate litigation attorney has to think about more than the dispute itself. Coconut Creek sits in Broward County, so most lawsuits over its property belong in the Seventeenth Judicial Circuit, though a plaintiff can sue in any county where part of the land lies. Neighbors in Palm Beach County, just north, fall under the Fifteenth Circuit. Knowing which court will hear the case, and which clock is running against you, shapes everything that follows.

Deadlines in particular can end a case before it starts. A suit for specific performance of a real estate contract carries only a one-year limitations period, far shorter than the five years Florida allows for most claims founded on a written contract. Waiting to see whether a seller will come around is a gamble that has cost buyers their deals.

Why Choose the Andrew M. Schwartz Legal Team for Real Estate Litigation Near Coconut Creek

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s real estate and business disputes, serving clients in Coconut Creek, Boca Raton, Fort Lauderdale, West Palm Beach, and throughout Broward County and Palm Beach County. Firm founder Andrew M. Schwartz has spent 37 years in litigation, was admitted to The Florida Bar in 1989, and has practiced in Florida ever since. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989.

Senior Counsel Sundeep Nath, a Northwestern-trained litigator, adds years of experience in business and real estate cases in both state and federal courts. The firm works as a true legal team: everyone on a matter knows the file, so when you call, you reach someone who can actually answer. The firm keeps a strict 24 hour return call policy when attorneys are in court.

The firm’s results include a recent matter in Broward County Circuit Court. After a 5-day bench trial, the court issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. That is the kind of outcome these cases are built around: not damages in lieu of the property, but the property itself.

Andrew often tells clients that what most of them want is not the loudest lawyer in the room but one who acts as the situation requires and uses finesse when finesse will do. The firm is experienced in mediation and arbitration as well as the courtroom, and looks for the resolution that fits the client’s goals and budget. Many clients also arrive by referral from other attorneys, and the firm works with referring counsel throughout the case.

Types of Real Estate Disputes We Handle for Coconut Creek Owners

• Failed Closings and Purchase Contract Disputes: A buyer or seller walks away, a financing contingency is argued over, or a deposit is withheld. Remedies include specific performance, damages, and return of deposits, and the one-year window for specific performance makes early action essential.
• Partition Actions: When co-owners cannot agree, Florida’s partition statutes let any owner ask the circuit court to divide the property or order it sold. Commissioners are appointed, and if the land cannot be fairly divided, the court may order a sale and split the proceeds by ownership share. Common among former business partners, siblings, and unmarried couples.
• Heirs Property Cases: Property passed down to relatives as tenants in common is governed by a separate statutory framework with added protections for family cotenants, including limits on forced sales. Anyone inheriting a Coconut Creek home with siblings should know these rules exist.
• Quiet Title and Title Disputes: A recorded deed, lien, or competing claim clouds ownership. A quiet title action asks the court to determine who owns the land and remove the cloud. Plaintiffs generally must trace the chain of title back at least seven years.
• Adverse Possession Claims: Florida requires seven years of continuous possession under a claim of title, with specific filing requirements, including a legal description submitted to the property appraiser. These claims, and defenses to them, often arise from boundary and neighbor disputes.
• Landlord and Tenant Disputes: Nonpayment, lease violations, and terminations all follow strict notice rules under Chapter 83. A defective notice can derail an eviction, which is why landlords should have it reviewed before serving it.
• Co-Owner Disputes in Business Property: When an LLC or partnership owns the real estate, the fight over the building often runs alongside a fight over the company, including dissolution, buyouts, and diverted funds.
• Emergency Injunctions: Courts can order a sale halted, funds frozen, or a property protected while the case is pending. The firm handles temporary and permanent injunctions, including emergency relief.

What to Do Right Now When a Property Dispute Lands on Your Desk

Start by pulling every document that touches the property: the contract, any amendments, the deed, the closing statement, the lease, emails, texts, and proof of payments. In real estate cases the paper decides most outcomes, and the parties’ course of dealing fills the gaps.

Next, check the calendar. The limitations period depends on the claim. A written contract claim has five years. An oral or implied contract claim has four. An action to rescind has four. Fraud runs four years from discovery, with an outside cap of twelve years. Specific performance has one year. Claims on a judgment have twenty. Deadlines like these are why a short consultation early on is worth more than months of hoping the other side relents.

Do not stop paying the mortgage, taxes, or insurance on a jointly held property just because the co-owner stopped contributing. Those payments may be recoverable in a partition or accounting, but a lapse can hurt everyone, including you. Keep records of what you pay.

If you are a landlord, do not improvise the notice. Nonpayment requires a written demand and a three-day period, excluding weekends and court-observed holidays. Other violations may require a seven-day notice, either to cure or to vacate depending on whether the problem is curable. Accepting partial rent after posting a notice can create problems unless handled correctly, so read the statute or call before you take the check.

Know where the case will land. A property case over $50,000 in Broward County goes to the Seventeenth Judicial Circuit, which also runs complex business divisions for large commercial disputes. Smaller claims go to county court. Cases involving Palm Beach County property go to the Fifteenth Circuit. Federal court in the Southern District of Florida sits in Fort Lauderdale and West Palm Beach when a federal question or diversity of citizenship applies, which matters for owners who live out of state.

Finally, avoid the mistake of confronting the other side by text. Angry messages become exhibits. If someone is moving money or threatening to sell, tell your attorney immediately, because emergency relief is only available if you ask for it quickly.

Real Estate Disputes That Grow Out of Business Breakups

Many of the firm’s real estate cases are not really about real estate. They start when partners, LLC members, or shareholders stop agreeing, and the property they bought together becomes the battleground. The firm’s background in business divorce means these cases are handled as the hybrid disputes they are.

Florida’s LLC statute allows a court to dissolve a company when owners are deadlocked and irreparable injury is threatened, when assets are being wasted or misappropriated, or when it is no longer reasonably practicable to run the company under its operating agreement. The court may appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member. If the operating agreement has a deadlock sale provision that is triggered before the court finds grounds, that provision can control. For corporations, a shareholder petition for dissolution can be answered by an election to buy out the petitioner at fair value, and if the parties agree on value within 60 days of the first election, the court enters an order on those terms.

Family-owned property raises the same issues with more emotion. Siblings who inherited a rental, parents and children with different plans for a building, or spouses and in-laws sharing title all face questions of control and compensation. The firm handles these with discretion while still protecting each client’s financial interest.

Out-of-State Owners With Coconut Creek Property

A good share of South Florida real estate is held by people who live elsewhere. The firm regularly represents clients from New York, New Jersey, and Connecticut with property or business partners in Broward County and Palm Beach County. The firm handles local court appearances and keeps clients informed so they do not need to travel for every hearing.

Questions Coconut Creek Property Owners Ask About Real Estate Litigation

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

For a claim founded on a written contract, five years. Oral or implied contracts get four years. But if you want the court to force the sale to go through, the specific performance period is just one year, so those cases cannot wait.

Can I force the sale of a house I co-own?

Generally, yes. Any co-owner can file a partition action in circuit court. The court appoints commissioners to determine whether the property can be divided fairly. If not, it can order the property sold at auction and split the proceeds in proportion to ownership.

What is a quiet title action?

It is a lawsuit asking the court to declare who owns property and cancel competing claims, deeds, or other documents that cloud title. Plaintiffs ordinarily need to trace their title back at least seven years. Florida courts have jurisdiction over such actions where the land lies.

Where would my case be filed?

For Coconut Creek property, the Seventeenth Judicial Circuit in Broward County is the usual forum for claims above the county court limit. A quiet title complaint may be filed in any county where part of the land is located.

How long does it take to get a final answer in a Broward County property case?

It depends on the claim, the track the case is assigned to, and whether the other side cooperates. Emergency injunctions can be heard quickly. A contested case that goes to trial takes longer, which is why mediation is often worth trying early.

Can a partner or co-owner be stopped from selling the property while we fight?

Possibly. Florida courts can enter temporary injunctions to preserve property and company assets while a case is pending. You must show the harm is real and the need is urgent.

What if my co-owner is the heir of a relative and we all inherited the property?

Florida’s heirs property statute may apply. When it does, the court must follow special rules before ordering a sale, including giving cotenants a chance to buy out the party seeking partition, and a partition in kind requires findings that division would harm the owners as a group.

As a landlord, can I accept partial rent after serving a three-day notice?

You do not waive your right to proceed by accepting it, but you must handle it correctly. Give a receipt stating the date, amount received, and balance owed, place the money in the court registry when you file, or serve a new notice for the reduced amount.

Is it worth hiring a lawyer if the dispute is under $50,000?

Often, yes, especially if title or a recurring obligation is involved, because the effect of a ruling can reach well past the dollar figure. Claims in that range are heard in county court, and a short consultation can tell you whether the cost of fighting makes sense.

I live out of state. Can I still bring or defend a Florida real estate case?

Yes. The firm handles Florida filings and hearings for out-of-state owners and communicates throughout, so you stay informed without being present at every proceeding.

Do you work with other lawyers on these cases?

Yes. Referrals from other attorneys, including out-of-state counsel whose clients have Florida property disputes, are a significant part of the firm’s practice.

Real Estate Litigation Representation Across Broward and Palm Beach Counties

From Coconut Creek, the firm represents owners and investors throughout Broward County, including Margate, Coral Springs, Parkland, Tamarac, Pompano Beach, Deerfield Beach, Lauderhill, Sunrise, Plantation, Fort Lauderdale, Hollywood, and Davie. The firm also serves clients in neighboring Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Lake Worth Beach, West Palm Beach, and Palm Beach Gardens.

Whether the property is a single-family home in a Coconut Creek community, a retail center along a commercial corridor, or a rental held by siblings in Tamarac, the same questions apply: who owns it, what does the contract say, and what do the courts in that county require. Clients from New York, New Jersey, and Connecticut with South Florida holdings are served throughout the region.

Speak With a Coconut Creek Real Estate Litigation Lawyer

If a closing has collapsed, a co-owner is blocking a sale, or a cloud on your title is keeping you from using what is yours, talk with a Coconut Creek real estate litigation lawyer before a deadline makes the decision for you. The Andrew M. Schwartz Legal Team will review your documents, explain which claims are available and how long you have, and recommend the path most likely to reach your goal, whether that is negotiation, mediation, or trial. Call to schedule a consultation.