Fort Lauderdale Real Estate Litigation Attorney

Most real estate lawsuits are not fought over the building itself. They are fought over a piece of paper: a purchase contract, an operating agreement, a deed, a lease. The Andrew M. Schwartz Legal Team handles real estate litigation for property owners, investors, landlords, and co-owners, with a Fort Lauderdale real estate litigation attorney practice that serves Broward County and Palm Beach County.

That focus on documents shapes how these cases are won and lost. A failed closing turns on what the contract required of each side and when. A partition case turns on how title is held. A title dispute turns on what was recorded and what can be traced back. The deadlines are also unforgiving: some real estate claims must be filed within a single year, others within five, and missing the window can end a strong case before a judge ever reads it.

Fort Lauderdale is the seat of the Seventeenth Judicial Circuit, which sits in and for Broward County, and the city is home to a federal courthouse as well. Real estate disputes here range from commercial purchase contracts to jointly owned condominiums and investment properties, and many involve owners who live elsewhere.

Real Estate Disputes We Litigate for Fort Lauderdale and Broward County Clients

• Failed Closings and Purchase Contract Disputes: When a buyer or seller walks away from a signed contract, the question is usually who breached and what remedy fits. A court can award damages, or in the right case order the sale to go forward through specific performance. Florida gives only one year to bring a specific performance action, which is far shorter than the general contract deadline.
• Partition Actions: Co-owners who cannot agree on a property can ask the circuit court to divide it or, when division is impractical, order it sold at public auction with proceeds split by ownership share. Common parties include former business partners, siblings, unmarried couples, and investors exiting a shared deal.
• Heirs Property: When relatives inherit real estate together with no agreement governing a split, Florida’s Uniform Partition of Heirs Property Act can change how a partition proceeds, with added protections before a forced sale.
• Quiet Title and Title Disputes: A quiet title action asks the court to remove a cloud on title, cancel a competing instrument, or settle conflicting ownership claims. The plaintiff generally has to trace title back at least seven years unless the court orders otherwise.
• Adverse Possession Claims: A person who occupies land for seven years under the statutory requirements may claim ownership, with or without color of title. Owners facing a claim, and occupants asserting one, both need to understand the filing and recording requirements.
• Commercial Lease and Landlord-Tenant Disputes: Nonpayment, lease termination, and notice defects drive these cases. For residential tenancies, a nonpayment notice gives three days, excluding weekends and court holidays, while most curable lease violations carry a seven-day notice.
• Property Held Through an Entity: When an LLC or corporation owns the real estate and the owners fall out, the dispute is both a property case and a business divorce, often involving deadlock, misappropriation, or judicial dissolution.
• Injunctions Involving Property: When a property is about to be sold, encumbered, or damaged while a case is pending, emergency or temporary injunctive relief can hold the status quo in place.

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

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Fort Lauderdale, Boca Raton, West Palm Beach, and communities throughout Broward County and Palm Beach County. The firm represents business owners, investors, landlords, co-owners, and families, along with clients from New York, New Jersey, and Connecticut who hold property or business interests in South Florida. Founder Andrew M. He holds an undergraduate degree from Emory University and a law degree from the University of Miami.

He is joined by Senior Counsel Sundeep Nath, a Northwestern-trained litigator with years of experience in business and real estate cases in state and federal courts. That matters in South Florida, where a property dispute can end up in circuit court or, depending on the parties and claims, in federal court.

The firm’s results include a recent matter in which, after a five-day bench trial, a Broward County Circuit Court judge issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. Contract-driven cases like that one are central to the firm’s practice, and they are won through close attention to the wording of the agreement and the history between the parties.

The firm works as a true legal team, so everyone on a matter knows the file, and it keeps a strict 24 hour return call policy. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that fits a client’s goals and budget. Out-of-state owners are not asked to travel for every hearing, because the firm handles local court appearances for them. A meaningful share of our work also comes from referrals by other attorneys, including out-of-state lawyers whose clients have disputes in Florida.

What to Do When a Property Dispute Reaches the Breaking Point

Start with the paper. Gather the contract, any amendments, the deed, the operating agreement if an entity is involved, the lease, closing statements, and every email or letter exchanged about the dispute. Real estate cases are decided largely on documents, and what you can produce early shapes what a lawyer can advise.

Next, identify the clock. A written contract claim generally has five years, an oral or implied contract claim four years, and a rescission claim four years. A fraud claim runs four years from discovery, capped at 12 years. A specific performance action has one year. A negligence claim, such as one against a professional, can carry just two years, and professional malpractice claims run from when the problem was or should have been discovered. Because the deadline depends on how the claim is characterized, do not assume you have the longer period.

Do not sign, record, or transfer anything in the heat of the dispute. A new deed, a side agreement, or an informal buyout offer can undercut a claim you would otherwise have. If a co-owner or partner appears to be moving, encumbering, or draining a property, say so early, because emergency injunctive relief is only available if you act before the harm is done.

If you are a landlord, follow the notice rules exactly. For nonpayment of rent, the three-day demand excludes Saturdays, Sundays, and court holidays. Accepting partial rent after serving that notice does not waive your right to proceed, but you must handle it correctly: give a receipt stating the date, amount, and balance, deposit the partial payment in the court registry when filing, or serve a new notice reflecting the new amount. A defective notice can sink an eviction.

On the court side, civil disputes in Broward County are filed in the Seventeenth Judicial Circuit, with the circuit civil division in Fort Lauderdale and county civil matters also heard at the regional courthouses in Deerfield Beach, Hollywood, and Plantation. Disputes above the county court ceiling go to circuit court, and disputes within the county court range are heard there. Larger business and construction disputes, along with certain entity dissolutions, may qualify for the circuit’s complex business division, which a case can enter through a direct filing procedure. For Palm Beach County, the Fifteenth Judicial Circuit sits in West Palm Beach. Federal court for both counties is the Southern District of Florida, which holds court in Fort Lauderdale and West Palm Beach.

When Co-Owned Property Becomes a Courtroom Question: Partition and Title

Partition is the cleanest example of how real estate litigation differs from other civil cases. Every partition action is heard in chancery, so a judge, not a jury, decides. The complaint must describe the land, name each owner and where they live, and state each owner’s share.

If the court orders partition, it appoints three commissioners, chosen by the court unless the parties agree. If the commissioners conclude the land cannot be fairly divided, the court may order a sale at public auction and divide the proceeds by ownership share. A sale on credit is possible for good cause, but at least one-third of the price must be paid up front unless everyone consents otherwise. For heirs property, the court must first determine whether the special heirs-property rules apply, and a partition in kind cannot be entered unless the commissioners have weighed the statutory factors and found that dividing the land would prejudice the cotenants as a group.

Title cases follow a different path. In a quiet title action, the complaint can be filed in any county where part of the land sits, and a claim based on an alleged fraudulent conveyance can proceed on a summary track that the court is directed to move forward on its calendar. These cases are often won by building a clean chain of title, so the quality of the record work matters as much as the legal argument.

Property Owned Through a Company: Dissolution and Buyout Remedies

Many South Florida properties are held in an LLC or corporation, and when the owners split, the property is only part of the fight. Under Florida’s LLC statute, a manager or member can seek judicial dissolution on several grounds: unlawful conduct of the company’s affairs, impracticability of operating under the operating agreement, illegal or fraudulent conduct by those in control, misappropriation or waste of assets causing injury, or a deadlock that threatens irreparable injury to the company. The court can appoint a receiver or custodian after a hearing, or order a purchase of the petitioner’s interest.

If the operating agreement already contains a deadlock sale provision and it is initiated before the court finds a deadlock, that provision generally controls instead of a dissolution order. For corporations, a shareholder petition for dissolution can trigger a buyout election by the corporation or other shareholders at fair value. If the parties agree on value and terms within 60 days after the first election is filed, the court enters an order directing the purchase on those terms. During these proceedings, a court may issue injunctions, appoint a receiver, and take other steps to preserve assets.

Common Questions About Real Estate Litigation in Fort Lauderdale

What does a real estate litigation attorney actually do?

A real estate litigation attorney handles disputes over property ownership, contracts, leases, and transactions. That includes failed closings, partition actions, title disputes, and landlord and tenant conflicts, along with the emergency motions that sometimes accompany them.

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

A claim founded on a written contract generally has five years. An oral or implied contract claim has four. A specific performance action, which asks the court to force the sale to go through, has only one year, so that claim should be evaluated quickly.

Can a court force a buyer or seller to complete a deal?

Yes, in the right case. Real property is treated as unique, so courts can order specific performance of a purchase contract. Our firm obtained a 32-page final judgment of that kind after a five-day bench trial in Broward County.

My co-owner refuses to sell. What are my options?

You can ask the circuit court for partition, which results either in dividing the property or in ordering a sale and splitting the proceeds by ownership share. Negotiated buyouts and mediation are often tried first, and a partition filing frequently brings the other side to the table.

What is a quiet title action?

It is a lawsuit asking the court to settle who owns a property and to cancel or remove competing claims on the title. The plaintiff generally must trace title back at least seven years.

Does a partition always end in a forced sale?

No. A court may divide the property in kind when that can be done fairly. A sale at public auction is ordered only when the court-appointed commissioners report that division would prejudice the owners. Heirs property has additional protections that apply before a sale.

Can adverse possession really transfer someone’s land?

It can, but the requirements are strict. Florida requires actual, continuous possession for seven years, and a claimant must follow the statutory procedures, including a full legal description of the land claimed. A claim under color of title also requires that the instrument be recorded in the county where the property sits.

What if my property is held in an LLC and my partner is diverting funds?

You may have claims for an accounting, breach of fiduciary duty, and recovery of the funds, and Florida’s LLC statute lists misappropriation or waste of assets causing injury as a ground for judicial dissolution. A court can also order interim protection, including injunctive relief, while the case is pending.

I live in New York or New Jersey. Do I have to come to Fort Lauderdale for hearings?

Generally no. We handle the local court appearances and keep out-of-state clients informed throughout the case, so you can protect a South Florida interest without traveling for every proceeding.

Should I accept partial rent from a tenant after serving a nonpayment notice?

You can, but you must handle it correctly. Accepting partial rent does not waive your right to terminate or sue, yet you need to provide a receipt with the date, amount, and remaining balance, deposit the funds into the court registry when you file, or serve a fresh three-day notice for the new amount.

Will my case have to go to trial?

Not necessarily. Many real estate disputes resolve through negotiation, mediation, or arbitration, and our attorneys are experienced in each. We pursue the path most likely to achieve your goals efficiently, and we are prepared to try the case when settlement is not realistic.

Real Estate Litigation Representation Across Fort Lauderdale and South Florida

We represent property owners and investors from the downtown and Las Olas corridors of Fort Lauderdale through Victoria Park, Rio Vista, Coral Ridge, Wilton Manors, Oakland Park, and Lauderdale-by-the-Sea. Our work extends across the rest of Broward County, including Pompano Beach, Deerfield Beach, Coral Springs, Parkland, Plantation, Sunrise, Davie, Weston, Hollywood, Hallandale Beach, and Dania Beach.

Real estate disputes do not stop at county lines, and neither does our practice. We also serve clients in Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Lake Worth, and West Palm Beach. From there, we help clients with property and business interests anywhere in South Florida, including investors and heirs who live in New York, New Jersey, and Connecticut but own property or hold a share of a company here.

Talk With a Fort Lauderdale Real Estate Litigation Lawyer About Your Dispute

If a contract has collapsed, a co-owner has dug in, a title is clouded, or a tenant or landlord has gone past the point of negotiation, the earlier a Fort Lauderdale real estate litigation lawyer reviews the documents, the more options you will have. Some of the deadlines in this area are short, and some remedies disappear if you wait.

Call the Andrew M. Schwartz Legal Team to discuss your situation. We will tell you plainly what the documents support, what the realistic paths are, and what each is likely to cost in time and money.