Florida Real Estate Attorney

The Andrew M. Schwartz Legal Team represents property owners, investors, landlords, and families whose real estate has turned into a dispute, and we do it for clients across Palm Beach County, Broward County, and the rest of South Florida. As a Florida real estate attorney practice built around litigation, we handle failed closings, contract fights, co-ownership breakups, title problems, and landlord and tenant conflicts, and we also help with the transactional side before problems start.

Real estate trouble in Florida tends to follow a pattern. A buyer or seller walks away from a signed contract. Siblings inherit a house and cannot agree what to do with it. Two business partners own a building and no longer own anything else together. A recorded document casts a cloud over title and a sale stalls. Each of these runs on its own statute, its own deadline, and its own court procedure, and the clock often starts before the client realizes there is a problem.

Some of these disputes can be settled with a letter and a phone call. Others need a lawsuit, sometimes with emergency relief to keep a property from being sold or encumbered while the case is pending. Knowing which kind of dispute you have, early, is most of the battle.

What Real Estate Disputes Look Like in Palm Beach and Broward Counties

South Florida real estate is unusual in how often the owners are not local. Many of the people we represent live in New York, New Jersey, or Connecticut and hold condominiums, rental property, or commercial buildings here, often with a partner or relative who lives nearby. When something goes wrong, the out-of-state owner needs a Florida litigator who can appear in court on their behalf and keep them informed without requiring a flight for every hearing.

Cases are filed in the county where the property sits. In Palm Beach County that means the Fifteenth Judicial Circuit, with the main courthouse in West Palm Beach and branch courthouses in places like Delray Beach and Palm Beach Gardens. In Broward County it means the Seventeenth Judicial Circuit, with the Central Courthouse in Fort Lauderdale and regional courthouses in Deerfield Beach, Hollywood, and Plantation. Disputes above the county court ceiling go to circuit court, and the monetary line between the two is adjusted from time to time, so confirm the current threshold before choosing a forum. Broward also has a complex business division that hears larger commercial matters, which can matter when a real estate dispute is tangled up with a business entity.

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

The Andrew M. Andrew M. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. Joining him is Sundeep Nath, Senior Counsel, 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 team, which means everyone working on your file knows what is in it. When you call, someone who can actually answer your question picks up, and if the attorneys are in court the firm keeps a strict 24 hour return call policy. We also handle the local court appearances for clients who live elsewhere.

On the results side, in May 2024, after a five-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 outcome reflects the kind of work we do: contract disputes that turn on exact language and the parties’ history, tried to a conclusion when settlement is not available. We are equally comfortable in mediation and arbitration, and we look for the resolution that fits a client’s goals and budget rather than stretching a case out. Many of our matters also arrive as referrals from other attorneys, including out-of-state lawyers whose clients have Florida property disputes.

Real Estate Problems We Handle for South Florida Owners

• Failed Closings and Purchase Contract Disputes: A buyer who cannot or will not close, a seller who tries to back out after a better offer, or a disagreement over financing, inspection, or deposit terms. These cases turn on the contract language, and in some situations the remedy is a court order forcing the sale to go through.
• Commercial Real Estate Litigation: Disputes over commercial purchase agreements, commercial leases, and loan documents, including cases where an owner wants the deal performed rather than simply paid back in damages.
• Partition Actions: When co-owners cannot agree, Florida’s partition statutes let a court divide the property or order it sold and split the proceeds. We see this among former business partners, siblings who inherited a home, unmarried couples, and investors who want out.
• Heirs Property: Family-held property passed down without a clear agreement is treated differently from an ordinary co-ownership. Florida’s heirs property rules add protections for relatives who want to keep the property, and they affect how a partition case is run.
• Quiet Title and Title Disputes: Competing ownership claims, recorded instruments that should not be there, and fraudulent conveyances. A quiet title action asks the court to cancel the bad claim and confirm who owns the land.
• Landlord and Tenant Matters: Nonpayment, lease violations, and terminations, handled under the notice rules of Florida’s residential landlord and tenant law, as well as commercial lease disputes.
• Property Owned Through a Business: Real estate held by an LLC or corporation where the owners are now in conflict, which can involve buyouts, dissolution, and emergency relief to stop assets from being moved.
• Real Estate Transactions: Commercial and residential purchase and sale work, plus general counsel support for investors who want contracts and compliance handled before a dispute arises.

What to Do Now If Your Property Dispute Is Heating Up

Start by pulling together the paper. For a contract dispute that means the signed agreement, every amendment, the emails and texts between the parties, proof of deposits and payments, and any notices either side has sent. For a co-ownership problem it means the deed, any operating or partnership agreement, mortgage statements, and records of who has paid taxes, insurance, and repairs. For a title problem it means the recorded documents you can find and a copy of your title policy if you have one. Do not send angry written messages in the meantime. Anything you write may end up as an exhibit.

Next, pay attention to deadlines, because Florida’s limitation periods differ sharply by claim. A lawsuit on a contract founded on a written instrument generally has five years, while an oral or implied contract claim has four. An action seeking specific performance has a shorter one-year period, which is why a buyer who wants the property rather than money cannot afford to wait. Fraud claims run four years from discovery, with an outer limit of twelve years. Negligence claims, including professional malpractice claims such as against a closing professional, have two years. Whether and how these apply to your situation depends on when the claim accrued, so get the dates in front of an attorney early.

If assets are at risk, speed matters more than anything. When a partner or co-owner is trying to sell, mortgage, or strip a property, we can ask the court for temporary injunctive relief to hold things in place while the case proceeds. File where the property is located: Palm Beach County cases go to the circuit court in West Palm Beach or the appropriate branch courthouse, and Broward County cases go to the Central Courthouse in Fort Lauderdale or one of the regional courthouses. Some matters can also land in federal court in Fort Lauderdale or West Palm Beach when federal jurisdiction applies.

Finally, think about the outcome you want before the first filing. Do you want the property, the money, the exit, or a clean title? Some disputes end at mediation after one or two exchanges. Others need a judge. A good first meeting should tell you which path your case is on and what each one is likely to cost in time and fees.

How Partition, Title, and Co-Ownership Cases Actually Unfold

Partition is the clearest example of a case with a predictable shape. It is filed in the circuit court as an action in equity. The complaint has to describe the land, identify the owners and where they live, and state what share each holds. Once the court determines ownership, it appoints three commissioners, picked by the court unless the parties agree, to consider whether the property can be physically divided fairly. For a single house or condo, it usually cannot, and the court can order a sale at public auction with proceeds split according to each owner’s interest. A sale on credit is possible for good cause, but a substantial down payment is required unless everyone agrees otherwise.

If the property qualifies as heirs property, a different procedure applies. Florida’s Uniform Partition of Heirs Property Act, which covers partition actions filed after mid-2020, generally requires the court to consider the family’s interests, offers cotenants a chance to buy out a seller, and sets a high bar before property is partitioned in kind. Whether a property qualifies depends on how title is held and how the owners are related, so that question is worth answering at the outset.

Quiet title cases work differently. The plaintiff must trace title back at least seven years unless the court orders otherwise, and the suit can be brought in any county where part of the land lies. These cases are often used to remove a fraudulent or outdated claim, and a fraud-based quiet title action can proceed on an expedited calendar. Adverse possession arguments come up here too: Florida requires seven years of continuous possession, with additional requirements such as filing a return with the property appraiser and, for claims under color of title, recording the underlying instrument.

When the property belongs to an LLC or corporation, the entity’s own rules join the picture. A member of an LLC can seek judicial dissolution on grounds including deadlock that threatens irreparable harm, misappropriation of assets, or a business that cannot practically continue under its operating agreement. For corporations, shareholders may petition for dissolution, and the corporation or other shareholders can sometimes avoid it by electing to buy the petitioner’s shares at fair value. A deadlock sale provision in your agreement can change the path entirely, so the governing document should be read before any strategy is chosen.

Landlord and Tenant Notices Under Florida Law

Landlords and tenants in Florida live and die by notice. For nonpayment of rent, the landlord delivers a written demand and the tenant has three days, not counting weekends and court-observed holidays, to pay or leave. If the landlord accepts a partial payment after posting that notice, the landlord must handle it correctly, either by issuing a receipt showing the amount and remaining balance, depositing the payment in the court registry when filing, or posting a fresh three-day notice. Accepting partial rent does not by itself waive the right to proceed.

For other violations that can be fixed, the notice gives the tenant seven days to cure. For violations that cannot be cured, such as intentional property destruction, the landlord can deliver a notice of termination that gives the tenant seven days to vacate. A tenant with a landlord who has materially failed to maintain the premises can give written notice and, if the problem is not fixed within seven days, may be able to terminate the lease. Errors in these notices are the most common reason eviction cases stall, and they are the sort of detail that deserves a careful read before anything is filed.

Questions About Florida Real Estate Disputes

What does a Florida real estate attorney do in a dispute?

A real estate attorney reviews the contracts, deeds, and recorded documents, identifies the claims and deadlines, and decides whether the case should be resolved through negotiation, mediation, arbitration, or a lawsuit. On the litigation side, that includes filing and defending actions, seeking emergency orders, and trying the case when necessary.

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

For a contract based on a written instrument, the general period is five years. An oral or implied contract has four. A suit asking the court to force performance of the contract has a shorter one-year period, so a buyer who wants the property should not delay.

Can a court force a seller to complete a sale?

In some cases, yes. Specific performance is an equitable remedy that orders the parties to carry out the contract instead of paying damages, and real estate is the classic setting for it because every parcel is treated as unique. Our firm obtained a final judgment of this kind after a five-day bench trial in Broward County.

My sibling and I inherited a house and cannot agree. What are my options?

You can negotiate a buyout, agree to sell, or ask a court to partition the property. If the property qualifies as heirs property, a special statute governs the process and gives relatives extra protections before a forced sale. Which route fits depends on how title is held and what each of you wants.

What is the difference between partition and quiet title?

Partition is for owners who share title and want to end the co-ownership by dividing or selling. Quiet title is for resolving who actually owns the property or removing a competing claim or cloud on title. Some disputes involve both.

Do I need to appear in court if I live out of state?

Not for every hearing. We regularly represent clients from New York, New Jersey, and Connecticut with South Florida property, handle the local appearances, and keep you updated by phone and scheduled conference calls so you are not traveling for each proceeding.

My business partner and I own a building through an LLC. Can I force a sale or dissolution?

Florida’s LLC statute lists grounds for judicial dissolution, including deadlock with threatened irreparable harm and misappropriation of assets. Your operating agreement may also contain buyout or deadlock sale provisions that take precedence, so we read it first.

Can someone take my property by adverse possession?

It is possible but demanding. The claimant must show actual, continuous, exclusive possession for seven years under a claim of title, and must follow filing requirements with the property appraiser. Color of title claims also require that the underlying instrument be recorded. An owner who learns of someone occupying their land should act sooner rather than later.

Does Florida’s 2023 change to the negligence deadline affect real estate cases?

It can, when a claim is framed as negligence rather than contract, since the negligence period dropped to two years for claims that accrued after the change. The written-contract period stayed at five years. How a claim is pleaded can change the deadline, which is one reason to have the facts reviewed promptly.

How long does a contested real estate case take in Palm Beach or Broward County?

It varies with the claim, the court’s calendar, and how much the other side contests. Summary-style matters like some quiet title actions can move faster, while contested contract or partition cases with valuation disputes take longer. Many resolve at mediation before trial, and we will tell you early what pace to expect.

Is it worth hiring a lawyer for a smaller dispute?

Often it is worth at least a consultation. A short review can tell you whether the claim is strong, whether a demand letter might resolve it, and whether the cost of litigation makes sense relative to what is at stake. We aim for cost-effective solutions rather than fees that outrun the value of the case.

Can you help before a dispute starts?

Yes. Through our outside general counsel program, we can serve as a company’s registered agent and help with contracts, compliance, and operational questions. Having a litigator review a deal in advance often keeps a disagreement from becoming a lawsuit.

Serving Real Estate Clients Across Palm Beach and Broward Counties

Our work starts in Boca Raton and extends throughout Palm Beach County, from West Palm Beach and Palm Beach Gardens down through Boynton Beach, Delray Beach, and Lake Worth, and west toward Wellington and Royal Palm Beach. We also represent property owners in Jupiter, Riviera Beach, and Belle Glade, and in the many residential communities that surround them.

In Broward County we serve clients in Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, and Parkland, as well as Hollywood, Plantation, Sunrise, and Davie, along with the neighborhoods and condominium communities that make up the rest of the county. Across both counties, we also represent owners who live in New York, New Jersey, and Connecticut but hold real estate or a business stake in South Florida.

Talk With a Boca Raton Real Estate Attorney Before the Dispute Escalates

If a closing has collapsed, a co-owner has stopped cooperating, or a title problem is blocking your plans, a conversation with a Boca Raton real estate attorney at the Andrew M. Schwartz Legal Team is a practical place to start. We will review the documents, explain where your deadlines stand, and lay out the options that fit your goals and budget.

Call us to schedule a consultation. Whether you live in Palm Beach County, Broward County, or out of state, we will get you a clear read on your situation and a plan for what comes next.