Florida Real Estate Transactions Attorney

A real estate deal in Palm Beach County or Broward County can look settled on the day a contract is signed and still fall apart sixty days later over a title defect, a financing contingency, or a seller who has found a better offer. The Andrew M. Schwartz Legal Team handles real estate transactions and the litigation that follows when they go wrong, representing buyers, sellers, landlords, tenants, investors, and co-owners throughout Palm Beach County, Broward County, and South Florida.

If you are looking for a Florida real estate transactions attorney, the first decision is usually not about closing day. It is about the contract. The purchase and sale agreement fixes the deadlines, the deposit terms, the inspection and financing outs, and what happens if either side walks away. Because those terms are what a judge will later read word for word, having a lawyer review them before signing is far cheaper than hiring one to untangle them afterward.

Most of what we see falls into two groups: people who want a transaction drafted, reviewed, and closed cleanly, and people whose transaction has already broken down and who need to enforce their rights or defend against someone else’s claim. We work both sides of that line, which means the contracts we help write are shaped by knowing how they get tested in court.

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

The Andrew M. Schwartz Legal Team is a business and real estate law firm serving clients in Boca Raton, West Palm Beach, Fort Lauderdale, and across Palm Beach and Broward Counties. Schwartz, has spent 37 years in litigation. He was admitted to The Florida Bar in 1989, earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989, and has built his practice around contract disputes, business divorces, and conflicts between co-owners.

That contract background matters in real estate. Most property disputes turn on the exact language of an agreement and the history of how the parties dealt with each other, and those are the cases this firm prepares for in detail. 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 legal team, so everyone on your matter knows the file, and a strict 24 hour return call policy applies if we are in court when you call.

The firm’s results include a Broward County commercial real estate case that went to a 5-day bench trial before the Circuit Court. The judge issued a 32-page final judgment awarding our client specific performance of the commercial real estate contract, meaning the other side was ordered to actually go through with the deal. Outcomes depend on the facts of each case, and no lawyer can promise a result, but that judgment reflects the kind of contract enforcement work we do.

We also take referrals from other attorneys, including out of state lawyers whose clients own property here, and we regularly represent clients from New York, New Jersey, and Connecticut. We handle the local court appearances so those clients do not have to travel for every hearing. Where a dispute can be resolved through negotiation, mediation, or arbitration, we pursue that, and we try to match the approach to the client’s goals and budget.

Real Estate Transactions and Disputes We Handle in South Florida

• Purchase and Sale Contract Review and Drafting: Residential and commercial contracts set the deposit rules, inspection periods, financing and appraisal contingencies, closing deadlines, and default remedies. Changes made before signing are the cheapest protection available.
• Failed Closings: When a buyer will not close or a seller will not convey, the questions are who defaulted, who keeps the deposit, and whether the deal can be forced through. Specific performance is the remedy that compels the sale itself.
• Commercial Real Estate Transactions: Office, retail, and investment property deals involve leases, estoppels, due diligence on tenants and title, and negotiated representations that carry real consequences after closing.
• Title Problems and Quiet Title Actions: Competing ownership claims, clouds on title, and defective conveyances can be resolved in court. A quiet title case asks a judge to declare who owns the land and clear the competing claim from the record.
• Partition Actions Between Co-Owners: Former business partners, siblings who inherited property, unmarried couples, and investors sometimes cannot agree on what to do with shared real estate. A court can divide the property or order it sold and split the proceeds.
• Landlord and Tenant Matters: Nonpayment, lease violations, early termination, and possession disputes follow strict written-notice rules under Florida’s residential landlord tenant statute.
• Real Estate Held Through Business Entities: Property owned by an LLC or corporation raises operating agreement and fiduciary questions on top of ordinary title issues, especially when the owners disagree.
• Emergency Relief to Protect Property: Where a property is about to be sold, encumbered, or damaged during a dispute, temporary and permanent injunctions can hold the status quo while the case proceeds.

What to Do When a Florida Property Deal Is Going Wrong

Start by getting every document in one place: the signed contract and all addenda, the emails and texts between the parties and the brokers, deposit receipts, inspection reports, lender communications, and any title commitment. Disputes are won and lost on paper, and the paper that matters most is whatever shows who did what and when. Do not send angry messages to the other side in the meantime; whatever you write can end up as an exhibit.

Next, read the contract’s default and notice provisions before you act. Many contracts require written notice, sometimes delivered a particular way, before a party can cancel or claim a deposit. Missing that step can undermine an otherwise good position. If a deadline in the contract is about to pass, do not assume an informal extension from a broker or the other party’s agent will hold up; get it in writing signed by the parties.

Timing under Florida law matters more than most people realize, and the periods differ by claim. A suit on a written contract generally has a five-year limitations period, while an oral or implied contract has four years, and a claim to rescind a contract is also four years. Fraud runs four years from discovery, with an outer cap of 12 years. The one that catches people off guard is specific performance: an action seeking to force a sale to go through carries a one-year period. If your goal is to get the property rather than money damages, waiting can cost you that remedy.

For landlords and tenants, the notice rules are strict and the courts enforce them. A landlord seeking to end a tenancy for unpaid rent must deliver a written demand, and the tenant then has three days, not counting weekends and court-observed holidays, to pay or leave. For other lease violations that can be fixed, the notice gives the tenant seven days to cure. If a landlord accepts partial rent after posting a nonpayment notice, the landlord must handle it correctly, such as issuing a proper receipt or posting a new notice, to keep the case on track.

Where a case ends up depends on the amount in controversy and the type of claim. Disputes above the county court ceiling go to circuit court, and claims for title, partition, and injunctions are heard there. In Palm Beach County that is the Fifteenth Judicial Circuit, with its main courthouse in West Palm Beach, and in Broward County it is the Seventeenth Judicial Circuit, with its central courthouse in Fort Lauderdale. Broward also has a complex business division that handles larger business and construction disputes. Federal court in the Southern District of Florida sits in Fort Lauderdale and West Palm Beach for cases that qualify. We handle filings and appearances in these courts so you do not have to manage the logistics yourself.

The most common mistake we see is waiting. Owners hope the other side will come around, a deposit sits in escrow, and months pass while limitation periods run and the property changes hands or is encumbered. A short consultation early, before you send a default notice or sign an amendment, usually costs far less than a lawsuit later.

Quiet Title and Partition Under Florida Law

Two kinds of real estate cases come up often enough to deserve their own explanation, because both are creatures of specific Florida statutes and neither works the way people expect.

A quiet title action asks the court to settle who owns a piece of land and to remove a competing claim from the record. Florida gives the court authority to cancel a deed or other evidence of title held by someone who is not the rightful owner. The plaintiff generally has to trace the chain of title back at least seven years unless the court orders otherwise, and the case can be filed in any county where part of the land sits. These cases arise from disputed inheritances, forged or defective deeds, old unreleased interests, and boundary or possession claims. Adverse possession is a related but separate doctrine; without color of title it requires seven years of actual, continuous possession under a claim of ownership, along with a filing with the county property appraiser describing the land. Possession that starts under a recorded instrument falls under a different statute but also carries a seven-year requirement.

A partition action is how co-owners get out of shared property when they cannot agree. All partition cases are heard in the chancery side of circuit court. The complaint must describe the land, identify the owners, and state each owner’s share. If the court orders partition, it appoints three commissioners to evaluate whether the land can fairly be divided. When division would harm the owners, the court may order the property sold at public auction and the proceeds split in proportion to ownership. Special rules apply to heirs property, meaning land held by relatives as tenants in common after inheritance, and in those cases the court must follow a statutory process designed to give family members a chance to buy out other cotenants before a forced sale. If you inherited a share of South Florida real estate with siblings or cousins, those rules may govern what happens next.

Common Questions About Real Estate Transactions in Florida

Do I need a lawyer to buy or sell a home in Florida?

Florida does not require one for a standard residential closing, but that does not mean one is unnecessary. Standard form contracts leave important terms blank or favor neither side, and a lawyer can negotiate deposit protection, contingencies, and default remedies before you sign. The cost is modest compared with the price of the property.

What is specific performance, and when is it available?

Specific performance is a court order requiring a party to complete the transaction as the contract says, rather than just paying damages. Because real property is considered unique, courts will sometimes order a seller to convey. In Florida, a suit for specific performance has a one-year limitations period, so it is not a remedy to sit on.

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

A claim on a written contract generally has five years. Oral or implied contracts have four years, rescission actions have four years, and fraud claims run four years from discovery with a 12-year outer limit. These periods differ by claim, and a single dispute can involve several of them.

Who keeps the deposit if a deal falls through?

The contract controls. Most agreements say which defaults entitle the seller to keep the deposit and which let the buyer recover it, and they often require written notice and a cure period first. If both sides claim the deposit, it may stay in escrow until they agree or a court decides.

Can I force the sale of a property I co-own with someone else?

Generally yes, through a partition action in circuit court. The court can divide the property or, if division would not be fair, order a sale and divide the proceeds by ownership share. Heirs property follows a separate statutory process with added protections for family cotenants.

What does quiet title do, and how long does it take?

It results in a court judgment declaring who owns the property and clearing competing claims from the title. Timing depends on whether the other claimants can be found and whether anyone contests. Cases involving fraudulent conveyances can use a faster summary procedure.

My co-owner and I own property through an LLC. Does that change anything?

Yes. The operating agreement and the LLC statute govern how decisions are made and how an owner can exit. If the owners are deadlocked or assets are being misused, a court can order dissolution, appoint a receiver, or require a buyout. Some operating agreements contain their own deadlock sale mechanism that takes priority if it is started in time.

I live in New York or New Jersey. Can you handle my Florida property dispute?

Yes. We regularly represent out of state owners with South Florida real estate and attend the local hearings on their behalf, keeping them informed by phone and email so they do not have to travel for every proceeding.

Can a landlord evict me without going to court?

No. Even after proper written notice, a landlord needs a court judgment to remove a residential tenant. The notice is the first step, and defects in it can be grounds to challenge the case. Rules differ for commercial leases, which depend heavily on the lease terms.

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

Often, yes, especially for the early steps. A lawyer’s letter or a negotiated resolution can end a dispute before it becomes a lawsuit. We also look for resolution through mediation or arbitration where it makes sense, so legal fees stay proportionate to what is at stake.

What if the problem is with my own broker, inspector, or closing professional?

Professional malpractice claims, whether framed in contract or tort, generally carry a two-year period that runs from when the problem was or should have been discovered. Negligence claims also carry a two-year period for causes of action arising after the 2023 change. Early review helps preserve these claims.

Serving Real Estate Clients Across Palm Beach and Broward Counties

Our real estate work covers Palm Beach County and Broward County. In Palm Beach County, we represent buyers, sellers, landlords, and co-owners from West Palm Beach and Palm Beach Gardens through Boynton Beach, Delray Beach, and Boca Raton, along with Lake Worth, Wellington, Royal Palm Beach, Jupiter, and Belle Glade. In Broward County, our clients include property owners and investors in Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Plantation, Hollywood, Davie, and Sunrise.

Across South Florida, we also act for owners who live elsewhere, including clients from New York, New Jersey, and Connecticut with interests in local real estate. Whether the property is a single residence, a shared inheritance, or a commercial building held through an entity, we handle the transaction or the dispute in the court that has jurisdiction over it.

Talk to a Florida Real Estate Transactions Attorney Before You Sign or Sue

Whether you are about to sign a contract, stuck in a deal that is unraveling, or trying to untangle shared ownership of a property, the Andrew M. Schwartz Legal Team can review your situation and tell you where you stand. A Florida real estate transactions attorney is most useful before a deadline passes or a notice goes out, so earlier is better than later.

Call our team to schedule a consultation. We answer our phones, and if we are in court, we return calls within 24 hours.