Dania Beach Real Estate Attorney

The Andrew M. Schwartz Legal Team represents property owners, investors, landlords, and co-owners in Dania Beach and across Broward County and Palm Beach County, handling real estate transactions and the disputes that grow out of them. A Dania Beach real estate attorney is most often called in when something has already gone sideways: a buyer who will not close, a co-owner who will not sell, a tenant who has stopped paying, or a recorded document that clouds who actually owns a parcel.

Dania Beach sits between Fort Lauderdale and Hollywood, close to the airport, the port, and the marine industrial corridor, and its property mix is unusually varied: older single-family lots, condominium and townhome communities, commercial and warehouse space, and investment parcels held by owners who may never have lived in Florida. That variety produces disputes with real money attached, and the deadlines Florida law imposes on them are short enough that waiting can cost a client the claim entirely.

Why Choose Andrew M. Schwartz Legal Team for Dania Beach Property Disputes

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Broward County, Palm Beach County, and the rest of South Florida. Founder Andrew M. Schwartz has spent 37 years in litigation, was admitted to The Florida Bar in 1989, and has practiced in Florida courts since then. He holds an undergraduate degree from Emory University and a law degree from the University of Miami. Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of experience in business and real estate cases in both state and federal courts.

The firm’s work centers on contract disputes, partner and co-owner conflicts, partition actions, title disputes, and real estate litigation, which is exactly the terrain where Dania Beach property problems land. The practice is run as a true legal team, so everyone working on a file knows it, and the firm keeps a strict 24 hour return call policy when attorneys are in court.

Results matter more than adjectives. After a five-day bench trial in Broward County, the firm’s client received a 32-page final judgment granting specific performance of a commercial real estate contract, meaning the court ordered the deal to be carried out rather than leaving the client with a damages claim. That kind of outcome depends on close reading of the contract and the parties’ history, which is how the firm prepares every case. The firm also handles mediation and arbitration, and aims for the resolution that fits the client’s goals and budget rather than prolonging a case for its own sake.

Many clients own Dania Beach property from New York, New Jersey, or Connecticut. The firm handles the local court appearances so those owners do not have to travel for each hearing, and it regularly accepts referrals from other attorneys whose clients have Florida property problems.

Real Estate Problems We Handle for Dania Beach Owners and Investors

• Failed Closings and Purchase Contract Disputes: A buyer defaults, a seller walks away for a higher offer, or financing and inspection contingencies are argued over after the fact. Remedies can include damages, return of deposits, or specific performance, and the choice drives the timeline.
• Partition Actions: When co-owners cannot agree to sell, keep, or divide a property, Florida courts can partition it in kind or order a sale and divide the proceeds. Common here among siblings who inherited a house, former business partners, unmarried couples, and investors splitting up.
• Quiet Title and Title Disputes: Competing deeds, a fraudulent conveyance, an old claim that never got cleaned up, or a lien that should not be there. A quiet title action asks the court to settle who owns the land and remove the cloud.
• Commercial Lease Disputes: Disagreements over rent escalations, maintenance duties, defaults, and early termination in the retail, office, and industrial space that serves the Dania Beach area.
• Landlord and Tenant Matters: Nonpayment, lease violations, and terminations governed by strict notice rules, where a defective notice can sink an eviction before it starts.
• Co-Owned Investment Property Between Business Partners: When an LLC or partnership holds real estate and the owners deadlock, the dispute is both a business divorce and a property problem.
• Emergency Injunctions to Protect Property: When a co-owner or counterparty is about to sell, encumber, or strip a property, early injunctive relief can freeze the situation while the case proceeds.
• Ownership Claims Based on Possession: Adverse possession and boundary-type claims, which Florida law makes difficult to win and which turn on technical requirements.

What to Do Now if a Dania Beach Property Dispute Is Underway

Start by freezing the paper trail. Gather the contract, deed, closing statement, loan documents, lease, and every email and text exchanged with the other side, and stop signing anything new, including extensions, releases, or “clarifying” amendments, until someone has read it against what you already signed. Informal concessions made in the heat of a dispute are the most common way a good case gets weaker.

Next, identify which clock is running, because Florida’s deadlines vary sharply by claim type. A claim founded on a written contract generally has five years. A claim on an oral or implied agreement has four. An action to rescind has four. Fraud has four years from discovery, capped at twelve overall. A professional malpractice claim, such as one against a closing professional, has two years from when it was or should have been discovered, and negligence claims are now two years for causes of action that arose after March 24, 2023. The one that surprises people most is specific performance, where the period is just one year. If your goal is to force a seller to deliver the property rather than collect money, delay is especially costly.

If you are a landlord, the notice is the case. For unpaid rent, Florida requires a written demand and a three-day wait, excluding weekends and court-observed holidays, before termination. For curable lease violations, the notice must give seven days to fix the problem, and for violations that cannot be cured, the notice gives seven days to vacate. Accepting partial rent after serving a nonpayment notice does not by itself waive your rights, but you must handle it correctly, either by giving a written receipt stating the amount received and the balance due, by depositing it with the court registry when you file, or by serving a fresh notice for the new amount. Getting this wrong hands the tenant a defense.

If a co-owner threatens to sell, borrow against, or strip the property, or if funds from a property transaction have gone missing, ask early whether emergency relief is warranted. Courts can issue temporary injunctions to preserve assets, but they are granted on a prompt, well-documented showing, not after months of letters.

On venue, a property in Dania Beach is in Broward County, so lawsuits are filed in the Seventeenth Judicial Circuit, with courthouse locations in Fort Lauderdale, Hollywood, Deerfield Beach, and Plantation. Disputes above the county court limit go to circuit court, and larger business and construction disputes can be directed to the circuit’s complex business division through a specific filing procedure. If the parties and claims qualify, federal court in Fort Lauderdale is also an option. A quiet title or partition case can be filed in any county where part of the land sits, which matters for owners with property in both Broward and Palm Beach counties, the latter being the Fifteenth Judicial Circuit.

How Florida Partition and Quiet Title Cases Actually Work

Partition is the tool for co-owners who are stuck. The case is brought in the court’s equity side and the complaint must describe the land, identify each owner and where they live, and state each owner’s share. After a judgment of partition, the court appoints three commissioners, unless the parties agree on who they should be, to determine whether the property can be divided fairly. Where division would prejudice the owners, the court can order the property sold at public auction, with proceeds divided according to each party’s interest. A sale on credit is possible for good cause, but at least one-third of the price must be paid at the outset unless everyone consents otherwise.

Family-held property adds a layer. Florida’s Uniform Partition of Heirs Property Act applies to partition actions filed on or after July 1, 2020. Property qualifies as heirs property when it is held as tenants in common with no binding agreement on partition, at least one cotenant acquired title from a relative, and one of several further conditions is met, such as twenty percent or more of the interests being held by relatives. If the property qualifies, the Act’s procedures govern unless all cotenants agree otherwise in a record, and a court will not partition in kind unless commissioners have weighed the statutory factors and found that division would prejudice the cotenants as a group. For siblings who inherited a Dania Beach house and disagree, this changes the strategy considerably.

Quiet title cases resolve ownership conflicts. 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 plaintiff generally must trace title back at least seven years before filing, unless the court orders otherwise. Where the dispute stems from an alleged fraudulent attempted conveyance, Florida’s statute provides for summary procedure and calendar priority, which can speed relief.

Possession-based ownership claims are much harder than people assume. Without color of title, adverse possession requires seven years of actual, continuous possession under a claim of title exclusive of others, not founded on a written instrument, and the claimant must file a return with the property appraiser that includes a full legal description. Under color of title, the instrument the claim rests on must be recorded in the county where the land sits. Courts treat these requirements strictly, which cuts both ways: owners can defend against stale claims, and claimants should not assume years of use alone is enough.

Dania Beach Real Estate Attorney FAQ

What does a real estate litigation attorney do that a closing attorney does not?

A closing attorney papers a transaction that is going smoothly. A litigator steps in when the transaction or the ownership relationship breaks: contract breaches, failed closings, partition, title claims, injunctions, and trial. Having both sides of the practice in one firm helps because transaction documents get drafted with a view to how they would be enforced.

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

Five years for a claim founded on a written contract, four years if the agreement was oral or implied. The exception that catches people is specific performance, which carries a one-year period. If you want the court to compel the other side to complete the deal, act promptly.

Can a court force a seller to complete a sale?

Yes. Because real property is considered unique, courts can order specific performance of a purchase contract. The firm obtained such a judgment for a client in Broward County after a five-day bench trial. These cases turn on the contract’s terms, the buyer’s readiness to perform, and the one-year filing period.

My sibling and I inherited a house in Dania Beach and cannot agree. What happens in a partition?

If the property qualifies as heirs property, Florida’s heirs property procedures apply, which add protections before a forced sale, including a requirement that commissioners weigh specific factors before a sale is ordered. The case may be resolved through a buyout among the heirs, a sale on negotiated terms, or a court-ordered process.

Can one co-owner force the sale of a property the others want to keep?

A co-owner generally has the right to ask the court for partition. The court can divide the property if that is fair and practical, or order a sale and split the proceeds in proportion to ownership. Equitable considerations can affect the outcome, so the facts of how the owners have used and paid for the property matter.

What is a cloud on title, and how is it removed?

It is any recorded document or claim that casts doubt on ownership, such as a competing deed, a forged conveyance, or an old interest never released. A quiet title action asks the court to determine ownership and cancel the improper instrument. Some title problems can be solved by a recorded release or negotiation, which is faster and cheaper.

Do I need a lawyer to evict a commercial tenant?

Practically, yes. Commercial leases usually have their own notice and default provisions that interact with Florida’s landlord-tenant statute, and a defective notice can force you to restart. A lawyer reviews the lease, serves the right notice, and handles the possession action and any claim for unpaid rent.

Can I still collect if a landlord accepted partial rent after a three-day notice?

Accepting partial rent does not by itself waive the right to terminate or sue, but the landlord must follow one of the statute’s procedures: provide a receipt and balance due, deposit the money in the court registry when filing, or serve a new notice for the reduced amount. Missing that step gives the tenant a defense.

I live in New Jersey and own property in Dania Beach with a former partner. Do I have to come to Florida for hearings?

Generally not for every proceeding. The firm regularly represents owners from New York, New Jersey, and Connecticut, handles the Florida court appearances, and keeps clients informed through calls scheduled around their availability. Some events, like trial testimony or mediation, may call for your participation, but much of the work happens without travel.

Can a court freeze a property while we fight over it?

It can issue a temporary injunction on a prompt showing that the property or its value is at risk, such as a threatened sale or transfer. Where the property is held by an entity that is also being dissolved, courts can also appoint a receiver or custodian after a hearing. Timing and documentation make the difference.

Is real estate litigation always a courtroom fight?

No. Many disputes resolve through negotiation, mediation, or arbitration, especially when the parties want the property sold or bought out rather than a verdict. The firm is experienced in alternative dispute resolution and in trial, and recommends the path based on the client’s goals and budget.

Serving Real Estate Clients in Dania Beach and Across South Florida

The firm represents property owners in Dania Beach and its neighboring Broward County communities, including Hollywood, Hallandale Beach, Fort Lauderdale, Davie, Pembroke Park, West Park, Pembroke Pines, and Miramar, and extends north through Oakland Park, Pompano Beach, Deerfield Beach, Coral Springs, Parkland, and Plantation. Clients in Palm Beach County come from Boca Raton, Delray Beach, Boynton Beach, Lake Worth, West Palm Beach, and Palm Beach Gardens.

Whether the case involves a Dania Beach house inherited by siblings, a commercial parcel co-owned by business partners, or an investment property held by an owner in the tri-state area, the firm brings the same litigation experience to the Seventeenth Judicial Circuit in Broward County, the Fifteenth Judicial Circuit in Palm Beach County, and federal court in the Southern District of Florida when a case belongs there.

Talk to a Dania Beach Real Estate Lawyer Before the Deadline Decides for You

Real estate claims do not improve with age, and one of the most important remedies, specific performance, can expire in a year. If you are dealing with a failed closing, a co-owner standoff, a title problem, or a lease dispute, a Dania Beach real estate lawyer at the Andrew M. Schwartz Legal Team can review your documents, tell you which deadline applies, and lay out realistic options. Call the firm to arrange a consultation and get a clear read on your position before the next step is forced on you.