Coral Springs Real Estate Litigation Attorney

A closing that never happened, a co-owner who won’t sell, a cloud on the title of a property you thought was cleanly yours: real estate disputes in Coral Springs tend to surface when a lot of money is tied up in a single parcel and the people involved can no longer talk to each other. The Andrew M. Schwartz Legal Team handles these disputes for property owners, investors, landlords, tenants, and families across Broward County and Palm Beach County, and works as a Coral Springs real estate litigation attorney for clients whose property rights are in question.

Real estate litigation is rarely about the property alone. It usually turns on a written contract, a recorded instrument, or a business relationship that went wrong, and each of those carries its own deadlines and its own court. A suit to compel a seller to close is governed by a one-year limitations period, while a claim on a written agreement generally runs five years. Those numbers matter, and the wrong assumption about which one applies can end a good case before it starts.

The sections below cover the disputes our firm sees most often, the clocks that govern them, how a case moves through the Broward courts, and the practical steps worth taking before a dispute hardens into a lawsuit.

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

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Coral Springs, Boca Raton, Fort Lauderdale, West Palm Beach, and the rest of Broward and Palm Beach Counties. Our lead attorney, Andrew M. Schwartz, 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. His career has centered on complex contract disputes, business divorces, and conflicts between partners, LLC members, and shareholders, which is exactly the background that real estate fights between co-owners and business associates call for.

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 practices as a true legal team, meaning everyone working on your matter knows the file and can answer when you call. We keep a strict 24 hour return call policy, and we schedule conference calls at times that work for clients and referring counsel alike.

Results matter more than adjectives. In May 2024, after a five-day bench trial in the Broward County Circuit Court, the judge issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. That outcome required proving the contract, the client’s readiness to perform, and the right to the equitable remedy itself, all inside a one-year window for that type of claim.

We are also comfortable outside the courtroom. Our attorneys have experience in mediation and arbitration, and we look for the resolution that fits the client’s goals and budget instead of stretching a case out for its own sake. A meaningful share of our work comes from referrals by other lawyers, including out of state attorneys whose clients own South Florida property, and we handle the local court appearances so those clients do not have to travel for every hearing.

Types of Real Estate Disputes We Litigate for Coral Springs Owners and Investors

• Failed Closings and Purchase Contract Breaches: A buyer or seller walks away, a financing or inspection contingency is disputed, or a deposit is held hostage. Remedies include damages, return of deposit, and specific performance, which asks the court to order the transaction completed. Because specific performance carries a one-year limitations period, delay can forfeit the strongest remedy.
• Partition Actions: When co-owners cannot agree on keeping, selling, or dividing a property, Chapter 64 allows an owner to ask the court to divide it or order a sale. This arises among former business partners, siblings who inherited property, unmarried couples, and investors who want out of a shared deal.
• Quiet Title and Title Disputes: Competing ownership claims, a defective conveyance, a forged or fraudulent deed, or a recorded instrument that clouds title can be resolved through a quiet title action. The court can determine who owns the land and cancel the instrument that clouds it.
• Commercial Lease Disputes: Defaults, unpaid rent, improper termination, build-out obligations, and personal guaranties often turn on the exact wording of the lease and the parties’ course of dealing.
• Landlord and Tenant Matters: Residential and commercial possession disputes follow strict notice requirements under Chapter 83, and a defective notice can undo an otherwise valid eviction.
• Real Estate Held Through Business Entities: Property owned by an LLC, partnership, or corporation often becomes the center of a business divorce, with fights over who controls the asset, whether proceeds were diverted, or whether the entity should be dissolved.
• Adverse Possession and Boundary Claims: A person who has occupied land for the statutory period may assert ownership, and a record owner may need to act to stop or defeat that claim.
• Emergency Relief to Freeze a Property: When a sale, transfer, or encumbrance is imminent, temporary and permanent injunctions can hold the status quo while the dispute is decided.

Time Limits That Decide Real Estate Cases Before They Begin

Florida sets different limitations periods for different theories, and real estate disputes often involve several at once. An action founded on a written instrument, which covers most purchase agreements, leases, and loan documents, must be filed within five years. A claim on an oral or implied contract has four years. An action to rescind a contract also has four years. Fraud claims run four years from discovery, subject to an outer cap of 12 years. And a suit seeking specific performance must be brought within one year.

That last deadline surprises people. An owner whose seller refused to close may sit on a five-year damages claim and assume there is plenty of time, only to find the one-year clock on forcing the sale has long expired. The practical lesson is to evaluate every available remedy at the outset, not just the most obvious one. Recent amendments reduced the negligence deadline to two years for causes of action accruing after March 24, 2023, which affects claims against surveyors, inspectors, and other professionals whose carelessness contributed to a loss, and professional malpractice claims also run two years from discovery. The written-contract period was left untouched.

Title and possession claims follow their own rules. A lawsuit to recover real property generally requires that the plaintiff or a predecessor held possession within seven years before filing. Adverse possession in Florida requires seven years of actual, continuous possession under a claim of title, and a claimant relying on a written instrument must have recorded it with the clerk of the circuit court. A person asserting adverse possession without a written instrument must also file a return with the property appraiser that includes a full legal description. These are exacting requirements, and owners on either side of such a claim benefit from early review.

How Partition and Quiet Title Cases Actually Work

Partition cases belong to the circuit court sitting in equity. The complaint must describe the land, identify each owner and where they live, and state the share each holds. If the court enters a judgment of partition, it appoints three commissioners, chosen by the court unless the parties agree on them. If the commissioners report that the land cannot be divided without prejudice to the owners, the court may order it sold at public auction and the proceeds divided in proportion to each owner’s interest. Where a credit sale is ordered for good cause, at least one-third of the purchase price must be paid down unless all parties consent otherwise.

Inherited property deserves special attention. Florida adopted the Uniform Partition of Heirs Property Act, which applies to partition actions filed on or after July 1, 2020. If the property qualifies as heirs property, meaning it is held by cotenants with no binding agreement on partition, at least one cotenant acquired title from a relative, and another listed condition such as relatives holding twenty percent or more of the interests is met, the court must proceed under the Act unless every cotenant agrees otherwise. Under that framework, a partition in kind is not ordered unless the commissioners considered the statutory factors and found that dividing the land would prejudice the cotenants as a group. Families who inherit a Coral Springs home together are often surprised by how much protection this gives a cotenant who wants to keep the property.

A quiet title action asks the court to determine who owns land and to cancel an instrument that clouds title. The plaintiff must trace title back at least seven years before filing unless the court orders otherwise, and the action may be filed in any county where any part of the land sits. When the cloud arises from an alleged fraudulent conveyance, the statute provides for summary procedure and directs the court to advance the case on its calendar, which can shorten the path to a ruling considerably.

What to Do When a Property Dispute Turns Serious

Start by gathering the paper. The signed contract and every amendment, the deed and any recorded instruments, closing statements, wire confirmations, correspondence with the other side, and the operating or partnership agreement if an entity holds the property all become the backbone of the case. Real estate disputes are won on documents, and a missing amendment or an informal email extending a closing date can change the outcome. Preserve texts and emails exactly as they are, and do not delete anything, even material that seems unhelpful.

Next, stop making statements that can be used against you. Informal messages to a co-owner, buyer, or landlord such as “I’ll take care of it” or “we can work something out” are routinely offered as admissions or as evidence of waiver. Direct all substantive communication through counsel once a dispute is serious. If the other side is threatening to sell, encumber, or transfer the property, or if funds are leaving an entity that owns it, raise the possibility of emergency injunctive relief immediately, because courts are far more receptive when the movant acted promptly.

Confirm which court will hear the case. Disputes over real property in Coral Springs are generally filed in Broward County, where the circuit court of the Seventeenth Judicial Circuit hears equity matters such as partition, quiet title, and specific performance, as well as larger civil disputes. Smaller monetary claims fall within the county civil court, which has a dollar ceiling that is adjusted periodically. The Seventeenth Circuit also maintains complex business divisions, handling matters such as dissolutions of certain business entities and large business and construction litigation, and a qualifying case can be filed directly into one of those divisions under the circuit’s administrative order. Where the property or the parties span county lines, a case can also belong in the Fifteenth Judicial Circuit in Palm Beach County, and some disputes with federal jurisdiction proceed in the Southern District of Florida, which sits in Fort Lauderdale and West Palm Beach.

Finally, avoid the common mistakes: waiting out a deadline while negotiating, accepting partial payments without documenting what they cover, serving a defective lease or termination notice, and assuming a verbal promise about property is enforceable. A consultation early in the dispute often clarifies which remedies remain available and which have already narrowed.

When the Property Sits Inside a Failing Business

Many Coral Springs real estate disputes are really business disputes wearing a deed. A building held by an LLC, a development owned by partners, or a family company holding rental property can become the battlefield when the owners fall out. Florida’s LLC statute allows a court to dissolve a company on a member’s petition where, among other grounds, the owners are deadlocked and irreparable injury is threatened, assets are being misappropriated or wasted, or it is not reasonably practicable to carry on in conformity with the operating agreement. In those proceedings the court can appoint a receiver or custodian after a hearing, or order a purchase of the petitioning member’s interest. If the operating agreement contains a deadlock sale provision that is properly initiated before the court finds deadlock, that provision generally controls.

For corporations, a shareholder may seek judicial dissolution on enumerated grounds, and the corporation or the other shareholders can elect to buy out the petitioner at fair value, which often ends the case. If the parties agree on value and terms within 60 days of the first election, the court enters an order directing the purchase, and the election itself is irrevocable unless the court finds it equitable to modify it. During the case, a court may issue injunctions and appoint a custodian to preserve assets. These tools matter because the real estate is usually the entity’s most valuable asset, and the fight is over who controls it and who gets paid.

Real Estate Litigation Questions From Coral Springs Property Owners

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

For a claim founded on a written contract, the period is five years. An oral or implied agreement has four years. A suit asking the court to order a transaction completed, known as specific performance, must be filed within one year, so that remedy can expire long before the damages claim does.

What is specific performance, and when can I get it?

Specific performance is a court order requiring a party to do what the contract promised, such as conveying the property. It is an equitable remedy, usually reserved for situations where money damages are inadequate, and real property is the classic example because each parcel is considered unique. It requires proof of a valid contract and that you were ready, willing, and able to perform.

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

Generally yes. Florida law lets a co-owner petition the circuit court for partition, and if the property cannot fairly be divided, the court may order it sold and the proceeds shared according to each owner’s interest. Inherited property that qualifies as heirs property is subject to additional protections that favor keeping the property in the family.

What does a quiet title action do?

It asks the court to declare who owns the land and to cancel any deed or recorded instrument that clouds title. It is used to clear competing claims, remove a fraudulent conveyance, or separate yourself from title you no longer want.

Can someone take my property by adverse possession?

It is possible but demanding. The claimant must show seven years of actual, continuous, exclusive possession under a claim of title, must satisfy additional filing requirements, and a claim based on a written instrument requires that the instrument be recorded. A record owner who acts early usually has strong defenses.

My co-owner is selling or borrowing against our property without my consent. Can a court stop it?

Often, yes. Temporary injunctive relief can freeze the status quo while the dispute is decided, and courts can act quickly where there is a real threat to the property or to company assets. The sooner you raise the issue, the stronger your position.

Does a landlord waive the right to evict by accepting partial rent?

No, accepting partial rent does not by itself waive the right to terminate or sue. The landlord must, however, handle it properly: give the tenant a receipt stating the date, amount, and agreed balance, deposit the partial rent in the court registry when filing, or serve a new three-day notice reflecting the revised amount. Skipping that step can undermine the case.

How long does a real estate lawsuit take in Broward County?

It depends on the complexity of the claim, the number of parties, and whether the case is contested. Straightforward matters can resolve in months, while a fully tried case, such as one involving a multi-day bench trial, takes considerably longer. Emergency injunctions are heard much faster, and many disputes settle through mediation before trial.

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

Often it is, because the cost of a missed deadline or a defective notice can exceed the amount in dispute. A short review frequently identifies whether negotiation, mediation, or filing suit makes the most economic sense. We aim for solutions that fit the client’s goals and budget.

I own Coral Springs property but live in New York, New Jersey, or Connecticut. Can you handle the case?

Yes. We regularly represent clients from the tri-state area with South Florida real estate or business interests. We handle the Florida court proceedings and keep you informed so you do not need to travel for every hearing.

What if my dispute involves both a business partner and a property?

Those cases often combine claims for breach of the operating or shareholder agreement, breach of fiduciary duty, an accounting, and partition or title relief. Handling them together prevents inconsistent positions and protects the asset while the ownership fight proceeds.

Do I have to go to trial?

No. Many disputes are resolved through negotiation, mediation, or arbitration, and our attorneys have experience in all of them. We prepare each case as if it will be tried, because that preparation is what produces favorable settlements.

Representing Real Estate Litigation Clients Across Coral Springs and Broward County

We represent property owners throughout Coral Springs, from neighborhoods near the city center and the Sample Road corridor to communities along University Drive and Coral Ridge Drive. Our work extends to neighboring Broward communities including Parkland, Margate, Coconut Creek, Tamarac, Sunrise, Plantation, Pompano Beach, Deerfield Beach, and Fort Lauderdale. We also serve clients across southern Palm Beach County, including Boca Raton, Delray Beach, and Boynton Beach, and in West Palm Beach and other communities throughout Palm Beach County.

Because many of our clients own South Florida property from a distance, we also represent investors and heirs who live in New York, New Jersey, and Connecticut, handling their local filings and hearings from start to finish. Whether the dispute involves a single home, a commercial building, or property held through an entity, our team brings the same attention to the file.

Talk With a Coral Springs Real Estate Litigation Lawyer About Your Dispute

Real estate disputes reward early, informed decisions, and the deadlines described above do not pause for negotiation. If you are weighing a claim over a failed closing, a co-owner who will not cooperate, a title problem, or a property tied up in a business dispute, a conversation with a Coral Springs real estate litigation lawyer can clarify where you stand and which remedies are still available.

Contact the Andrew M. Schwartz Legal Team to discuss your situation. We will review your documents, explain your options plainly, and recommend the path most likely to protect your property and your investment.