Davie Real Estate Transactions Attorney

A real estate deal is usually won or lost long before anyone stands at a closing table. The contract is where rights get fixed, and Florida’s limitation periods punish anyone who waits to find out what went wrong. The Andrew M. Schwartz Legal Team handles Davie real estate transactions attorney work for buyers, sellers, investors, landlords, and co-owners, serving Davie and the rest of Broward County, along with Palm Beach County and clients across South Florida.

Davie is a market with a lot of variety: acreage and equestrian properties in the western part of town, residential neighborhoods, commercial and mixed-use parcels along its major corridors, and investment properties held by people who live in other states. That variety produces transactions with more moving parts than a standard home sale, including shared ownership, seller-financed terms, commercial leases, and closings that fall apart over inspections, financing, or title problems.

Our work sits where transactions and litigation meet. We help clients get a deal papered correctly, and when a deal goes sideways, we are the lawyers who enforce the contract in court. That perspective changes how a contract gets read. Someone who has tried these cases knows which clauses actually get fought over.

Where Contract Language Decides Davie Property Deals

Most real estate disputes are contract disputes with a property attached. When a buyer walks away from a closing, or a seller refuses to close, the outcome turns on the wording of the purchase and sale agreement: the contingency deadlines, the default and remedy provisions, the deposit terms, and what the parties did or failed to do in the days around closing.

The remedy a client wants matters a great deal. A buyer who wants the property, not just the deposit back, needs a specific performance claim, and Florida gives that claim a one-year limitation period. A claim for breach of a written contract generally has five years, while a claim on an oral or implied agreement has four. Those periods do not run on the same clock, and choosing the wrong theory, or waiting too long on the right one, can end a case before it starts. Our firm recently obtained a 32-page final judgment from the Broward County Circuit Court awarding a client specific performance of a commercial real estate contract after a five-day bench trial, so this is remedy work we do in practice, not just in theory.

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

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s business and real estate disputes. Founder 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 from Emory University in 1986 and his law degree from the University of Miami in 1989. 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 works as a true team, so everyone on a matter knows the file, and we keep a strict 24 hour return call policy when we are in court and cannot respond right away. Much of our practice comes from other attorneys who refer us matters they do not handle themselves, and we keep referring counsel informed as the case moves. Our lawyers are experienced in mediation and arbitration as well as courtroom litigation, and we aim for the resolution that fits the client’s goals and budget rather than stretching a case out.

For Davie clients, that combination is practical. You get a litigator’s eye on the contract before signing, and if enforcement becomes necessary, you do not have to start over with new counsel. We also handle local court appearances for clients who live elsewhere, including clients from New York, New Jersey, and Connecticut who own property here.

Real Estate Transaction Issues We Handle for Davie Clients

• Purchase and Sale Contract Disputes: Disagreements over inspection and financing contingencies, deposit forfeiture, missed closing dates, and whether a buyer or seller actually defaulted. These cases often turn on the exact deadline language and the parties’ correspondence.
• Failed Closings and Specific Performance: When one side refuses to close, the other may seek to compel the sale rather than collect damages. The one-year period for specific performance makes early action essential.
• Commercial Real Estate Transactions: Purchases, sales, and lease agreements for commercial and investment property, where the terms of the agreement drive the risk allocation between the parties.
• Landlord and Tenant Matters: Nonpayment, lease violations, and termination of tenancies under Chapter 83 of the Florida Statutes, where the notice requirements are strict and mistakes can derail an eviction.
• Title Disputes and Quiet Title Actions: Competing ownership claims, clouds on title, and conveyances that need to be cancelled or cleared so a property can be sold or financed.
• Partition of Co-Owned Property: Former business partners, heirs, unmarried couples, and investors who own property together and cannot agree on its future.
• Disputes Among Co-Owners Through an Entity: Real estate held in an LLC or corporation, where the fight over the property is really a fight over the company and may involve dissolution, buyouts, or fiduciary duty claims.
• Emergency Relief to Preserve Property: Temporary and permanent injunctions to stop a sale, transfer, or encumbrance while a dispute is pending.

What to Do When a Davie Real Estate Deal Is in Trouble

Start by gathering paper and not relying on memory. Pull together the signed contract with every addendum, the deposit receipts, all emails and texts with the other side and the agents, inspection reports, financing correspondence, and any notices sent or received. Real estate disputes are decided on documents, and the sequence of those documents often matters as much as their content.

Next, identify which deadline governs you. A claim founded on a written contract has five years, an oral or implied agreement has four, a rescission claim has four, and fraud has four years from discovery with a 12-year outer cap. Specific performance has just one year. Negligence-based claims, such as some claims against professionals, have two years, and professional malpractice claims run two years from when the claim was or should have been discovered. Do not assume the longest period applies to your situation. If more than one theory could fit, the shortest one controls how urgently you need to move.

Be careful about what you say and sign while the dispute is live. Do not send a notice of termination, accept a partial payment, or agree to extend a closing without understanding what that does to your position. Where a landlord and tenant are involved, accepting partial rent after a nonpayment notice has specific consequences, and a landlord does not give up the right to terminate by accepting it, but the follow-up steps must be handled correctly.

Know where the case would be heard. Davie is in Broward County, which sits in the Seventeenth Judicial Circuit. Disputes above the county court threshold go to circuit court, while smaller claims are heard in county court, and small claims remain capped at a lower level. Broward’s civil cases are handled at the Central Courthouse in Fort Lauderdale and the regional courthouses in Plantation, Hollywood, and Deerfield Beach. Large business and construction disputes can be directed into the circuit’s complex business division through its administrative order process. Federal court in Fort Lauderdale is an option only when a federal basis for jurisdiction exists. Our attorneys can tell you early which forum fits and whether the property or the parties tie the case to Palm Beach County instead.

If the property or its value is at risk while the case plays out, raise that immediately. Courts can issue injunctive relief to stop assets from being moved or encumbered, and those requests lose force the longer a client waits.

Title, Possession, and Co-Ownership Problems Behind Transactions

Some transaction problems are really ownership problems. A quiet title action under Chapter 65 lets a person who claims legal or equitable title ask the court to cancel a conveyance or remove a cloud held by someone who is not the rightful owner. The complaint can be filed in any county where part of the land sits, and the plaintiff generally must trace title back at least seven years unless the court orders otherwise. Where the claim rests on a fraudulent attempted conveyance, the statute provides for summary procedure and for the court to advance the case on its calendar.

Possession-based claims are narrower than people expect. Adverse possession in Florida requires seven years of continuous, exclusive possession under a claim of title, and a claim under color of title depends on the underlying instrument having been recorded in the county where the property sits. The claimant must also submit a full legal description to the property appraiser. Long occupancy alone does not transfer ownership.

When co-owners cannot agree, partition under Chapter 64 is the way out. The court can divide the property or, if that cannot be done without prejudice to the owners, order a sale at public auction and divide the proceeds by ownership share. A court-ordered sale may allow credit terms for good cause, but at least one-third of the price must be paid down unless everyone consents otherwise. The complaint must describe the land, name the owners and their residences, and state each owner’s share. If the property qualifies as heirs property, meaning co-tenancy interests acquired from relatives where a qualifying condition such as 20 percent or more of the interests being held by relatives applies, a separate statutory scheme controls and generally favors keeping the property in the family over forcing a sale, so the court must consider whether dividing it would harm the owners as a group.

When the Property Belongs to a Company, Not a Person

Real estate in a closely held LLC or corporation changes what a dispute looks like. The question is no longer only who owns the property but who controls the entity that owns it. Under Florida’s LLC act, a member or manager can seek judicial dissolution on grounds that include deadlock that threatens irreparable injury, misappropriation or waste of assets, and impracticability of carrying on the business under the operating agreement. If the operating agreement has a deadlock sale provision that is triggered before the court finds the deadlock ground, that provision can take the place of a dissolution order.

For corporations, a shareholder can petition for dissolution on specified grounds, and the corporation or other shareholders can elect to buy the petitioner out at fair value. Parties who agree on value and terms within 60 days of the first election have the court enter an order on those terms, and the election is irrevocable unless the court finds it equitable to modify it. In these cases, courts can issue injunctions and appoint a receiver or custodian to preserve assets after notice and a hearing. These tools matter on a Davie property held through an entity where one owner is trying to sell, borrow against, or drain it.

Davie Real Estate Questions We Hear

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

For a written contract, the period is five years. An oral or implied contract has four years. A claim to compel the sale itself, specific performance, must be brought within one year, so the remedy you want should shape how quickly you act.

Can I force a seller to close on a property I contracted to buy?

Possibly. Specific performance is an equitable remedy a court can grant when a buyer is ready, willing, and able to close and the seller refuses. It depends on the contract terms and on your own compliance with them. The one-year limit makes it time sensitive.

What happens to my deposit if a deal falls apart?

That depends on the contract’s default and deposit provisions and on who is found to have defaulted. Contingency deadlines for inspection or financing are often the deciding factor, which is why the exact dates and notices matter.

Do I need a lawyer for a residential closing, or only for commercial deals?

Not every closing becomes a dispute, but contract review before signing is where a lawyer adds the most value, especially with seller financing, shared ownership, or an entity-held property. Our firm handles both residential and commercial transactions.

What is the difference between a quiet title action and a partition action?

A quiet title action resolves who holds title when ownership is contested or clouded. A partition action assumes the owners are legitimate co-owners and asks the court to divide the property or order a sale because they cannot agree.

Can a co-owner force the sale of a property we inherited together?

Often yes, through partition, but inherited property that meets the heirs property definition is handled under a separate statutory scheme that prioritizes alternatives to a forced sale, including considering whether division would harm the owners as a group.

How does adverse possession work in Florida, and can a neighbor claim part of my land?

A claimant must show seven years of continuous, exclusive possession under a claim of title, with specific procedural requirements, including a legal description submitted to the property appraiser. Color of title claims require the underlying instrument to be recorded. It is a demanding standard, not a casual one.

How does a landlord properly end a tenancy in Florida?

For nonpayment, the landlord delivers a written demand and the tenant has three days, excluding weekends and court-observed legal holidays, to pay or leave. For curable lease violations, the notice gives seven days to fix the problem. For violations that cannot be cured, a seven-day notice to vacate applies. Technical errors in these notices can undermine the case.

If my property is owned through an LLC and my partner is selling it without my approval, what can I do?

Review the operating agreement first, then consider claims for breach of fiduciary duty, an accounting, and injunctive relief to stop the transfer. Judicial dissolution is available on grounds including misappropriation or waste of assets, and a court can appoint a receiver or custodian after notice and a hearing.

I live out of state and own a Davie property. Do I have to attend every hearing?

No. We handle local court appearances and proceedings for out-of-state clients and keep you informed at each stage. We regularly work with clients from New York, New Jersey, and Connecticut who hold South Florida real estate.

Which court would hear a real estate dispute involving a Davie property?

Because Davie is in Broward County, the Seventeenth Judicial Circuit would typically hear it. Smaller claims go to county court, larger ones to circuit court, and some business-related disputes can be routed to the circuit’s complex business division. Federal court applies only where there is a federal jurisdictional basis.

Is mediation realistic for a real estate dispute?

Often it is. Many disputes settle through negotiation, mediation, or arbitration, particularly when the parties still need a working relationship or when litigation costs would outweigh the amount at stake. We pursue the route most likely to meet your goals efficiently.

Davie Real Estate Representation Across Broward and Palm Beach Counties

We represent clients in Davie and throughout Broward County, including Fort Lauderdale, Plantation, Sunrise, Weston, Cooper City, Southwest Ranches, Pembroke Pines, Miramar, Hollywood, Hallandale Beach, Coral Springs, Parkland, Tamarac, Lauderhill, Lauderdale Lakes, Coconut Creek, Margate, Deerfield Beach, and Pompano Beach. Our reach continues north into Palm Beach County, serving Boca Raton, Delray Beach, Boynton Beach, Lake Worth, West Palm Beach, Wellington, and Palm Beach Gardens.

Wherever the property sits in the region, we bring the same contract-focused approach to the transaction and, if needed, to the courtroom.

Speak With a Davie Real Estate Transactions Lawyer

If you are weighing a purchase, trying to save a deal that is slipping, or deciding how to enforce a contract after a failed closing, talk to a Davie real estate transactions lawyer before a deadline makes the decision for you. The Andrew M. Schwartz Legal Team can review your agreement, tell you which limitation period applies, and lay out the options for resolving the dispute in negotiation, mediation, or court.

Call our team to schedule a consultation about your Davie real estate matter. We answer the phone, and when we are in court, we return calls within 24 hours.