Dania Beach Real Estate Litigation Attorney

Property owners in Dania Beach who find themselves in a dispute over a purchase contract, a shared title, or a tenant who will not leave are usually weighing one question: act now, or wait and hope it resolves. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners, investors, and families throughout Broward County and Palm Beach County, and the answer to that question often depends on deadlines that run quietly in the background. A Dania Beach real estate litigation attorney can tell you which clock is ticking on your claim and which court will hear it.

Real estate disputes in a coastal, airport-adjacent, marine-industry community like Dania Beach tend to involve more than a single house. Commercial parcels near the corridors leading toward Fort Lauderdale and Hollywood, investment condominiums, inherited family property, and warehouse or marine-related space all generate conflicts that turn on the wording of a contract or the state of a recorded title. The decisions you make in the first weeks, such as whether to sue, whether to seek emergency relief, or whether to negotiate, can shape what remedies remain available.

The Deadlines That Decide Whether Your Property Claim Survives

Florida sets different limitation periods for different theories, and choosing the wrong framing for your claim can matter as much as missing a date. A lawsuit on a contract founded on a written instrument, such as a purchase and sale agreement or a lease, generally must be filed within five years. A contract claim that rests on an oral or implied agreement carries a four-year period. An action to rescind a contract also has four years, and a fraud claim runs four years from discovery, subject to an outer cap of twelve years.

The shortest period on that list is the one that catches buyers and sellers off guard: an action for specific performance of a contract has a one-year period. If you are trying to force a seller to close on property you contracted to buy, or force a buyer to complete a purchase, you cannot treat that deadline like the five-year contract period. The delay that feels harmless in month eight can become fatal in month thirteen.

Negligence-based claims, including some professional malpractice theories tied to a closing or a title examination, now carry a two-year period after the 2023 amendments for claims accruing after the change. The five-year written-contract period was not shortened. If your dispute could be pleaded under more than one theory, the choice of theory affects how much time you have, so the analysis should happen early.

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 Dania Beach and Broward County, along with Palm Beach County, West Palm Beach, Fort Lauderdale, and the rest of South Florida. The firm represents business owners, investors, and families in contract disputes, partition and title cases, landlord and tenant matters, and disputes between co-owners. Clients from New York, New Jersey, and Connecticut who hold property or business interests in South Florida are a regular part of the practice, and the firm handles the local court appearances so those clients do not have to travel for every hearing.

Andrew M. 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 and conflicts among partners, LLC members, and shareholders, which matters in real estate cases because so many property fights are really disputes over an agreement. 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’s record includes a result directly on point. After a five-day bench trial, a Broward County circuit judge issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. That kind of outcome requires a trial team that can build a record on the precise terms of an agreement and the parties’ course of dealing, which is how the firm prepares contract cases.

The firm practices as a true legal team, so everyone working on a matter knows the file and can answer when you call. A strict 24 hour return call policy applies when the attorneys are in court. The attorneys are experienced in mediation and arbitration as well as courtroom litigation, and the firm looks for the resolution that fits the client’s goals and budget. A meaningful portion of the practice also comes from referrals by other lawyers, including out of state attorneys whose clients have Florida property disputes.

Types of Real Estate Disputes We Litigate for Dania Beach Owners

• Failed Closings and Purchase Contract Breaches: A buyer who cannot or will not close, or a seller who backs out after a better offer, may face claims for damages or specific performance. Because the one-year specific performance period is short, the choice between demanding the property and seeking money damages should be made early.
• Partition Actions: When co-owners cannot agree to hold, sell, or divide a property, Florida’s partition statute lets a court divide the land or, when division would prejudice the owners, order a sale and split the proceeds. These cases arise among former business partners, siblings who inherited property, unmarried couples, and investors who want out.
• Heirs Property Cases: Where co-owned land passed down through family, a separate statutory framework governs partition, including a requirement that the court consider whether dividing the property in kind would prejudice the owners as a group before ordering a sale. Families with long-held Broward property should know these protections exist.
• Quiet Title and Title Disputes: A quiet title action asks the court to cancel a conveyance or other record that clouds ownership, and the plaintiff must trace title back at least seven years unless the court orders otherwise. These cases clear up competing claims and help owners separate from a title they no longer want.
• Adverse Possession Claims: A claimant must show continuous possession for seven years, and the rules differ depending on whether the claim rests on color of title or not. A property owner who ignores an encroaching occupant may eventually face a title challenge.
• Commercial and Residential Landlord-Tenant Disputes: Nonpayment, lease violations, and holdover tenants each follow statutory notice rules, and a defective notice can derail an eviction. Disputes over partial rent payments and termination notices are common sources of mistakes.
• Disputes Between Co-Owners of a Property-Holding Company: When an LLC or corporation owns the real estate, a fight among members or shareholders can freeze a sale or refinancing. Judicial dissolution, buyouts, and emergency injunctions may all come into play.
• Emergency Injunctions to Protect Property: When a co-owner or counterparty threatens to transfer, encumber, or strip a property while the case is pending, temporary and permanent injunctions can freeze the situation until the court rules.

What to Do in the First Weeks of a Property Dispute

Start by assembling the documents that define the dispute: the signed contract and every amendment, closing statements, the deed and any recorded instruments, loan documents, lease agreements, correspondence, and any notices you sent or received. In real estate cases, the paper usually decides the outcome, and the course of dealing between the parties fills in whatever the paper leaves open. Preserve emails and texts exactly as they are, and do not alter or delete anything.

Next, identify which deadline governs. If you want the court to compel a sale or purchase, the one-year specific performance period is the controlling constraint. If you are pursuing damages on a written contract, you have five years, but evidence and witnesses do not keep that long. If a tenant is in default, the notice you serve has to match the statute. For nonpayment, the landlord’s written demand starts a three-day period that excludes Saturdays, Sundays, and court-observed legal holidays. For a curable non-rent violation, the notice must give seven days to fix the problem before termination, and for violations that cannot be cured, a seven-day notice of intent to terminate applies. Accepting partial rent after serving a nonpayment notice does not by itself waive the landlord’s rights, but the landlord must handle it correctly, by issuing a receipt, depositing the partial payment in the court registry when filing, or serving a fresh notice for the new balance.

Venue matters. Property in Dania Beach lies in Broward County, so circuit-level disputes are heard in the Seventeenth Judicial Circuit, which sits in and for Broward County. Cases above the county court ceiling belong in circuit court, while smaller claims fall to county court, and small claims remain a separate track for modest amounts. Broward’s civil courts sit at the Central Judicial Complex in Fort Lauderdale and at regional courthouses in Hollywood, Deerfield Beach, and Plantation. The Seventeenth Circuit also maintains complex business divisions that handle large business and construction litigation and certain entity dissolutions, which can be the right home for a property dispute tied to a company. Cases with federal jurisdiction go to the Southern District of Florida, which holds court in Fort Lauderdale and West Palm Beach.

The most common mistakes are waiting while negotiations drag on past a deadline, serving a landlord notice that does not track the statute, accepting a payment in a way that muddies the record, and recording or transferring property without understanding how it affects your claim. If a co-owner or partner is moving assets, ask early whether emergency injunctive relief is warranted, because the relief is designed for situations that cannot wait for a final judgment.

When the Property Is Held Through an LLC or Corporation

Many Dania Beach investment properties are owned through an LLC, and when the members fall out, the real estate can become the hostage. Florida’s LLC statute allows a member or manager to seek judicial dissolution on specific grounds: activities conducted unlawfully, impracticability of operating under the articles and operating agreement, illegal or fraudulent conduct by those in control, misappropriation or waste of assets that causes injury, or a deadlock among managers or members that cannot be broken and threatens irreparable injury. On a showing of sufficient merit, the court may 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 mechanism that is initiated before the court finds deadlock, that contractual mechanism can take the place of a dissolution order.

For corporations, a shareholder can seek judicial dissolution on statutory grounds, and the corporation or other shareholders can elect to purchase the petitioner’s shares at fair value. If the parties agree on value and terms within 60 days after the first election, the court enters an order on those terms, and an election to purchase is irrevocable unless the court finds it equitable to modify it. The corporation must notify other shareholders within 30 days of the filing that they may avoid dissolution by buying out the petitioner. During the proceeding the court may issue injunctions and appoint a receiver to preserve assets.

Questions Dania Beach Owners Ask About Real Estate Litigation

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

A claim on a written contract generally carries a five-year limitation period. A claim for specific performance, where you ask the court to compel the other side to complete the sale, has a one-year period. Because the periods differ, the remedy you want drives your deadline.

Can I force a seller to close if they back out?

Possibly. Specific performance is an available remedy where the contract is enforceable and the property is considered unique, and the firm has obtained a final judgment granting specific performance of a commercial real estate contract after a bench trial. The one-year deadline and the strength of your own performance under the contract are key issues.

What is a partition action, and can a co-owner force a sale?

A partition action asks the court to divide jointly owned land or, when division would prejudice the owners, to order a sale and distribute the proceeds according to ownership shares. Partition cases proceed in the chancery side of the court, and the court appoints commissioners to evaluate whether the land can be divided.

Does a partition sale happen at auction?

When the commissioners report that division cannot be made without prejudice and the court agrees, the court may order a sale at public auction to the highest bidder. The court may allow a sale on reasonable credit for good cause, but at least one-third of the purchase money must be paid down unless all parties consent to different terms.

What is heirs property, and why does it matter?

Heirs property generally involves land held as tenants in common with no binding agreement on partition, where at least one cotenant acquired title from a relative and a further condition applies, such as relatives holding twenty percent or more of the interests. These cases are subject to a separate framework with added protections for family cotenants before a forced sale.

What does a quiet title action accomplish?

It asks the court to determine ownership and remove a cloud on title, such as an invalid conveyance or a competing claim. The plaintiff must trace title for at least seven years before filing unless the court orders otherwise, and the suit may be filed in any county where part of the land sits.

Can someone take my property by adverse possession in Florida?

Yes, but the requirements are strict. The claimant must possess the property continuously for seven years, and claims based on color of title require that the instrument be recorded. A claimant without color of title must meet separate statutory requirements, including a filing with the property appraiser that contains a full legal description.

My tenant stopped paying rent. How fast can I terminate the lease?

After the tenant fails to pay and the default continues for three days following a written demand, excluding weekends and court-observed holidays, the landlord may terminate. The notice must be properly delivered and accurate. Errors in the notice are a frequent reason eviction filings fail.

If I accept a partial rent payment, do I lose my right to evict?

Accepting partial rent does not by itself waive the right to terminate or sue, but you must follow the statutory options: give the tenant a dated receipt that states the balance, place the partial rent in the court registry when you file, or serve a new three-day notice for the reduced amount.

Should my case go to county court or circuit court?

The amount in controversy generally decides it. Claims above the county court ceiling go to circuit court, and small claims handle modest amounts. Non-monetary relief such as title, partition, and injunctions belongs in circuit court regardless of the dollar figure at stake.

I live in New York or New Jersey. Do I have to come to Florida for my case?

Not for every hearing. The firm regularly represents clients from New York, New Jersey, and Connecticut who own Florida property or business interests, and the attorneys handle local court appearances and keep you informed through scheduled conference calls.

Do all property disputes end up in a trial?

No. Many are resolved through negotiation, mediation, or arbitration. The firm’s attorneys are experienced in alternative dispute resolution and pursue the path most likely to meet your goals at a reasonable cost, while preparing every case as though it may be tried.

Serving Real Estate Litigation Clients Across Dania Beach and South Florida

The firm represents property owners from Dania Beach and its neighboring Broward communities, including Hollywood, Hallandale Beach, Pembroke Park, Davie, Fort Lauderdale, Wilton Manors, Oakland Park, Plantation, Sunrise, Pembroke Pines, Miramar, Weston, Coral Springs, Pompano Beach, Deerfield Beach, and Lauderhill. The practice extends north into Palm Beach County, serving clients in Boca Raton, Delray Beach, Boynton Beach, Lake Worth, West Palm Beach, Palm Beach Gardens, Jupiter, and Royal Palm Beach.

Whether the dispute involves a commercial parcel, an investment condominium, a family-owned house, or a shared title among former partners, the team works across both counties and in state and federal court. Owners who live in New York, New Jersey, or Connecticut but hold South Florida real estate are served the same way, with local counsel handling the courtroom work.

Speak With a Dania Beach Real Estate Litigation Lawyer

If a contract is unraveling, a co-owner is blocking a sale, or a tenant or partner is putting your property at risk, the sooner a Dania Beach real estate litigation lawyer reviews your documents, the more options you keep. Call the Andrew M. Schwartz Legal Team to talk through your situation, the deadlines that apply, and whether negotiation, mediation, or a lawsuit is the right route for your goals.