Delray Beach Real Estate Attorney

A deed signed years ago, a co-owner who will not sign anything now, a closing that collapsed with your deposit on the line: real estate problems in Delray Beach tend to involve money that is tied up in one specific piece of property. The Andrew M. Schwartz Legal Team handles real estate transactions and litigation for owners, investors, and families in Delray Beach and across Palm Beach County and Broward County, and works as a Delray Beach real estate attorney for clients whose disputes cannot wait.

Property in this market is often held jointly, by siblings who inherited a house, former business partners, unmarried couples, or investors who pooled capital. When the owners stop agreeing, nobody can sell, refinance, or clean up title, and the carrying costs keep running. Florida gives co-owners and buyers real tools to break that logjam, but each one comes with its own deadlines and procedures, and a missed deadline can end a claim outright.

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

The Andrew M. We serve clients in Delray Beach, Boca Raton, West Palm Beach, Fort Lauderdale, and throughout Palm Beach County and Broward County. Our real estate practice covers commercial and residential transactions and litigation, including failed closings, purchase and sale contract disputes, partition actions, quiet title actions, title disputes, and landlord and tenant matters. We also appear in court for clients from New York, New Jersey, and Connecticut who own property here, so they do not have to travel for every hearing.

Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation. He is a graduate of Emory University (1986) and the University of Miami School of Law (1989). His career has centered on contract disputes, which matters in real estate because most property fights turn on the exact wording of a purchase agreement, deed, or co-ownership arrangement. 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.

Proof of that experience: after a 5-day bench trial, a Broward County Circuit Court judge issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. That is a result where the client got the property itself, not just a damages check.

The firm practices as a true team, so everyone on a file knows it, and we keep a strict 24 hour return call policy. We are also comfortable in mediation and arbitration, and we look for the resolution that fits the client’s goals and budget rather than stretching a case out.

Real Estate Disputes We Handle for Delray Beach Owners and Investors

• Partition Actions: When co-owners cannot agree on what to do with a property, a court can divide it or order it sold and the proceeds split. These come up among former business partners, heirs, unmarried couples, and investors who want out of a shared deal.
• Quiet Title Actions: A lawsuit asking the court to declare who owns land and to cancel competing claims, recorded instruments, or clouds on title that block a sale or loan.
• Failed Closings and Purchase Contract Disputes: Buyers who want the deal enforced, sellers who want a deposit protected, and parties disputing who defaulted first.
• Specific Performance Claims: A suit forcing a seller to convey the property under the contract, available when money damages will not replace a unique parcel.
• Title Disputes Between Former Partners or Family: Property placed in one person’s name, informal arrangements never papered, or heirs with competing claims.
• Landlord and Tenant Matters: Nonpayment, lease violations, and terminations under Florida’s landlord-tenant statute, for both property owners and tenants.
• Adverse Possession and Boundary Claims: Disputes over who has actually possessed and used a parcel, including claims that a neighbor or occupant has taken title by possession.
• Emergency Injunctions: Court orders to stop a sale, transfer, or encumbrance of property while a dispute is pending.

What to Do First When a Delray Beach Property Dispute Starts

Start with paper. Gather the deed, the purchase contract and every addendum, any co-ownership or operating agreement, the closing statement, mortgage documents, and every email or text that touches the dispute. Pull the recorded documents from the Palm Beach County Clerk. Most real estate cases are won or lost on what was signed and recorded, not on what each side remembers.

Then check the clock. A claim on a written contract has a five-year limitations period. Oral or implied contract claims get four years, rescission gets four, and fraud gets four years from discovery, capped at 12. The one that catches people is specific performance, which carries only a one-year period. If you want a court to force a sale to close, waiting a year can cost you the remedy. A suit to recover real property also generally requires that you or a predecessor was in possession within seven years before filing.

Do not take unilateral action that hurts your own position. Do not change locks on a co-owner, stop paying a mortgage out of anger, record a lien you cannot support, or accept partial rent from a tenant without understanding the consequences. On the landlord side, rent notices run on a three-day demand (excluding weekends and court-observed holidays), and non-rent violations that can be fixed carry a seven-day cure notice. Accepting partial rent after posting a notice requires specific steps, such as a written receipt or a fresh notice, though accepting it does not by itself waive the right to terminate.

If assets or property are about to be moved, sold, or encumbered, say so immediately. Emergency injunctive relief exists for that situation, but it only helps if it is sought before the transfer happens.

On the court side, cases above the county court ceiling are filed in circuit court. Palm Beach County cases belong to the Fifteenth Judicial Circuit, and Broward cases to the Seventeenth Judicial Circuit, which has complex business divisions for larger commercial disputes. A quiet title complaint can be filed in any county where part of the land sits. Federal claims, where they exist, go to the Southern District of Florida, which sits in West Palm Beach and Fort Lauderdale among other places. Delray Beach residents can handle many clerk matters at the Palm Beach County South County Courthouse located in Delray Beach.

How Partition and Quiet Title Cases Actually Work in Florida

All partition actions are brought in equity under Chapter 64 of the Florida Statutes. The complaint has to describe the land, name the owners and where they live, and state what share each holds. If the court orders partition, it appoints three commissioners, chosen by the parties if they can agree. Commissioners decide whether the land can be physically divided without prejudicing the owners. For a single-family home or a condo unit, it usually cannot, and the court may order a sale at public auction with proceeds divided by ownership interest. The court can allow a sale on credit for good cause, but at least one-third of the purchase price must be paid down unless everyone consents otherwise.

Inherited property is treated differently. Florida’s Uniform Partition of Heirs Property Act, which applies to actions filed on or after July 1, 2020, covers tenancy-in-common property where there is no binding agreement among the cotenants on partition, at least one cotenant got title from a relative, and further conditions are met, such as relatives holding twenty percent or more of the interests. Heirs property gets added protections, and a partition in kind will not be ordered unless commissioners have weighed the statutory factors and found that division would prejudice the cotenants as a group. If your co-owners are family members who inherited together, this framework may change both your leverage and your timeline.

Quiet title cases are the cleanup tool. The court can determine title where competing parties claim the same land, and can cancel a conveyance or other evidence of title held by someone who is not the rightful owner. The plaintiff generally must trace title back at least seven years before filing, unless the court orders otherwise. Where the claim rests on a fraudulent attempted conveyance, Florida law allows summary procedure, and the court is directed to move the case up on its calendar.

Adverse possession is the flip side. Without color of title, a claimant must show actual, continuous possession for seven years under a claim of title exclusive of any other right, and must file a return with the property appraiser that includes a full legal description. With color of title, seven years of continuous possession is also required, and the instrument must be recorded with the circuit court clerk in the county where the land lies. Owners who ignore a long-term occupant can lose property this way, which is why a strange occupancy should be addressed early.

Delray Beach Real Estate Lawyer FAQ

When do I need a real estate attorney instead of just a title company?

A title company handles a smooth closing. You need a lawyer when there is a dispute: a buyer or seller who will not perform, a co-owner who will not cooperate, a cloud on title, or a tenant situation heading toward court. Once a conflict exists, a title company cannot advise you or represent you.

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

For a contract founded on a written instrument, five years. For an oral or implied contract, four. The 2023 legislative changes cut the negligence period to two years but did not shorten the five-year written-contract period. A specific performance claim carries a one-year period, so it is the shortest deadline in most real estate disputes.

Can a co-owner force me to sell a property in Florida?

Generally yes. Any co-owner can ask a court for partition. If the property cannot reasonably be divided, which is typical for a house or unit, the court can order it sold and split the proceeds by ownership share. Heirs property gets special protections that can slow or reshape a forced sale.

What is the difference between partition and quiet title?

Partition separates co-owners who agree they own the property but not what to do with it. Quiet title resolves who owns it, or removes competing claims and recorded documents that cloud ownership. Some cases involve both.

How does a partition auction work?

If commissioners report that physical division would prejudice the owners and the court agrees, the court can order the land sold at public auction to the highest bidder. Proceeds are divided in proportion to each owner’s interest. Credit terms are possible for good cause, with at least one-third paid down unless all parties agree otherwise.

My seller backed out of a contract on a commercial property. Can I make them close?

Possibly. Courts can order specific performance when the property is unique and damages would not make you whole. Our firm obtained that remedy for a client after a 5-day bench trial in a Broward County commercial contract case. Because of the one-year period, do not wait to talk to a lawyer.

Can someone take my property by living on it?

Florida allows adverse possession, but the claimant must satisfy strict requirements, including seven years of continuous possession and a filing with the property appraiser. It is not easy to establish, but ignoring an occupant for years is how owners get into trouble.

I own property in Delray Beach but live in New York. Can you handle my case?

Yes. We regularly represent owners from New York, New Jersey, and Connecticut with property or partners in South Florida. We attend the local hearings and keep you informed so you do not have to fly down for each one.

If my business partner and I co-own the building and the LLC is deadlocked, what are my options?

It depends on your operating agreement and what the property is held in. Florida’s LLC statute lets members seek judicial dissolution for deadlock when irreparable injury is threatened, and courts can appoint a receiver or order a buyout. If the agreement has a deadlock sale provision that was properly initiated first, it can take priority over a court-ordered dissolution. Separate real estate remedies like partition may also apply if title is held outside the company.

As a landlord, how fast can I evict for unpaid rent?

The process starts with a written demand for rent or possession. If the tenant does not pay within three days, excluding weekends and court-observed holidays, you may terminate the rental agreement. Accepting partial rent afterward requires specific steps, so get advice before cashing any check.

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

Often yes, especially if a deadline is running or title is at stake. Cases above the county court limit go to circuit court, but a clear claim, even a smaller one, can usually be resolved faster through early negotiation or mediation when a lawyer is involved.

Real Estate Representation for Delray Beach and Surrounding South Florida Communities

Our Delray Beach real estate lawyer services cover owners from the beachside near Atlantic Avenue through the Pineapple Grove area, the Marina Historic District, and the neighborhoods west of the Intracoastal. We also serve clients in Highland Beach, Boynton Beach, Gulf Stream, and Ocean Ridge, along with Boca Raton, Lake Worth, Lantana, Wellington, and Royal Palm Beach in Palm Beach County. The firm also works with clients in West Palm Beach, Palm Beach Gardens, Jupiter, and Greenacres.

In Broward County, we represent clients in Deerfield Beach, Pompano Beach, Fort Lauderdale, Coral Springs, Parkland, Plantation, and Hollywood. Whether the property is a waterfront condo, a rental building, a commercial parcel, or inherited family land, we handle the disputes that arise across Palm Beach County and Broward County.

Talk to a Delray Beach Real Estate Lawyer About Your Property Dispute

If a co-owner, buyer, seller, tenant, or competing claimant has put your property at risk, a conversation with a Delray Beach real estate lawyer from the Andrew M. Schwartz Legal Team can tell you which claims you have and which deadlines are already running. Call us to schedule a consultation. We return every call within 24 hours.