Greenacres Real Estate Attorney

Getting a property transaction closed, a co-ownership dispute resolved, or a cloud removed from your title is usually the whole point of hiring counsel on a real estate matter. The Andrew M. Schwartz Legal Team handles those matters for property owners, investors, landlords, and families, and a Greenacres real estate attorney from our firm can step in at any stage, from a contract that is going sideways to a lawsuit that has already been filed.

Real estate trouble in Greenacres and the rest of Palm Beach County tends to be practical and specific. A buyer or seller walks away from a signed purchase contract. A sibling who inherited a house with a brother wants out and the brother will not sell. A former business partner still appears on the deed of a rental property. A tenant stops paying, and the landlord is not sure which notice the law requires. We represent clients in commercial and residential transactions and in the disputes that grow out of them throughout Palm Beach County and neighboring Broward County.

The deadlines matter as much as the facts. Florida sets different limitation periods for different kinds of real estate claims, and a case that is strong on the merits can still be lost because it was filed late. The sections below walk through the kinds of problems we see, what to do first, and how Florida law treats each one.

The Real Estate Problems Greenacres Property Owners Bring to Us

• Failed Closings and Purchase Contract Disputes: A buyer who cannot close, a seller who receives a better offer, or a dispute over deposits, inspections, or financing contingencies can all end in litigation. A written contract claim generally carries a five-year limitation period in Florida, but a suit asking a court to force the sale to go through (specific performance) has only a one-year period.
• Partition Actions: When co-owners cannot agree to keep, sell, or divide a property, any of them can ask the court for partition. Common co-owners include siblings who inherited a home, unmarried couples, and former business partners who bought together.
• Quiet Title and Title Disputes: Competing ownership claims, an old conveyance that was never cleaned up, or someone holding a document that clouds your title can be resolved by a court action that cancels the cloud and confirms who owns the land.
• Landlord and Tenant Disputes: Nonpayment of rent, lease violations, early terminations, and month-to-month tenancies each carry their own written-notice requirements under Florida’s residential landlord-tenant statute, and a defective notice can derail an eviction.
• Co-Owner Conflicts Inside a Business: When the property is held by an LLC or corporation and the owners are deadlocked, the real estate dispute is also a business divorce, which can lead to a court-ordered buyout, custodian, or dissolution.
• Missing or Diverted Funds in a Property Investment: A partner who collected rent, sale proceeds, or capital contributions and cannot account for them may face claims for an accounting and breach of fiduciary duty.
• Injunctions Involving Real Property: When someone is about to sell, encumber, or damage a property while a case is pending, emergency relief can freeze the situation until a court rules.
• Adverse Possession Claims: A neighbor or occupant who has used land openly for years may assert ownership, and a record owner may need to respond quickly.

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

The Andrew M. Our work covers Greenacres, Boca Raton, West Palm Beach, Fort Lauderdale, and the rest of Palm Beach and Broward Counties, and we also act for clients from New York, New Jersey, and Connecticut who own property or business interests here. We represent business owners, investors, and families, and we handle the local court appearances so out of state clients do not have to travel for every hearing.

Founder Andrew M. Schwartz has spent 37 years in litigation. He was admitted to The Florida Bar in 1989, earned his undergraduate degree at Emory University in 1986, and received 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 legal team, so everyone on a matter knows the file, and we keep a strict 24 hour return call policy when we are in court or otherwise unavailable.

The record speaks to real estate contract work in particular. In May 2024, following 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. Winning that kind of relief takes careful preparation around the exact wording of the contract and the parties’ history, which is how we approach every transaction dispute. We are also experienced in mediation and arbitration, and we look for the resolution that fits the client’s goals and budget instead of stretching a case out. Many of our matters come to us as referrals from other attorneys, including out of state lawyers whose clients have Florida property problems.

What to Do When a Property Dispute Lands on Your Desk

Start by gathering paper. For a contract dispute, that means the signed purchase agreement, every addendum, the deposit receipts, and the email and text history between the parties. For a co-ownership problem, pull the deed, any trust or estate documents, mortgage statements, and records of who has paid taxes, insurance, and repairs. For a landlord-tenant issue, collect the lease, the rent ledger, and every notice that has been sent or received. Do not sign anything new, and do not make partial concessions in writing until someone has looked at how they affect your rights.

Then calendar the deadlines. Florida allows five years to sue on a written contract and four years on an oral one, but only one year to bring an action for specific performance, and four years to seek rescission of a contract. Fraud claims run four years from discovery, subject to an outer cap of twelve years. If someone is occupying land you own and claiming it as theirs, Florida bars a suit to recover real property unless the owner or a predecessor was in possession within seven years before filing, and an adverse possession claimant must meet detailed requirements, including filing a return with the property appraiser that contains a full legal description. These periods are why a conversation with counsel early on is worth more than one held after the matter has hardened.

Landlords in particular should be careful with notices. For unpaid rent, Florida requires a written demand and a three-day period, counted without Saturdays, Sundays, or court-observed legal holidays, before the lease can be terminated. For other violations the tenant generally gets seven days to cure after written notice, and some conduct, such as intentional destruction of property, carries a seven-day notice to vacate with no chance to cure. Accepting partial rent after serving a notice does not by itself waive your right to proceed, but you must handle it correctly, either by issuing a receipt that states the date, amount, and remaining balance, depositing the money into the court registry when you file, or serving a fresh three-day notice for the new amount.

Where a case is filed depends on the amount and the type of claim. County court hears actions at law within its monetary limit, and circuit court takes larger claims along with equitable matters such as partition, quiet title, and injunctions. Cases involving Palm Beach County property are heard in the Fifteenth Judicial Circuit, which sits in and for Palm Beach County, with the main courthouse in West Palm Beach and branch courthouses elsewhere in the county. For Broward County property, the Seventeenth Judicial Circuit sits in and for Broward County, and its complex business division handles large business and construction disputes. Federal court in the Southern District of Florida covers both counties when a case belongs there.

The most common mistakes we see are waiting too long, relying on a handshake or text message in place of a written agreement, taking unilateral self-help steps like changing locks, and letting a co-owner or partner keep control of a property while evidence of where the money went disappears. When assets are at risk, we move for emergency relief rather than waiting for a final judgment.

How Florida Handles Partition and Quiet Title Cases

Partition is a court-supervised way out of shared ownership. The complaint must describe the land, identify each owner and where they live, and state what share each holds. If the court enters a judgment of partition, it appoints three commissioners, chosen by agreement of the parties or otherwise by the court, to determine whether the property can be divided fairly. When the commissioners report that division would prejudice the owners, the court may order the property sold at public auction, with the proceeds split according to each owner’s interest. A sale on credit is possible for good cause, but at least one-third of the purchase money must be paid down unless everyone agrees otherwise.

Inherited property has a special track. Florida’s Uniform Partition of Heirs Property Act applies to actions filed on or after July 1, 2020, and covers land held as tenants in common where at least one co-owner acquired title from a relative and further conditions apply, such as relatives holding twenty percent or more of the interests. If a court finds the property is heirs property, the Act’s procedures govern unless every co-owner agrees otherwise, and a partition in kind is entered only if the commissioners found that dividing the land would prejudice the owners as a group.

Quiet title works differently. Florida’s chancery courts can hear an action by anyone claiming legal or equitable title, including cases where two or more people claim the same land under a common title, and can cancel a conveyance or other document that casts a cloud on ownership. The suit may be filed in any county where part of the land sits, and the plaintiff must trace title back at least seven years unless the court orders otherwise. Where the claim rests on an alleged fraudulent attempted conveyance, the petitioner may be entitled to a summary procedure and to have the case moved up on the court’s calendar.

When the Property Is Held Through a Company

Many investment properties around Greenacres are owned through LLCs or corporations, which means a fight over the building is often a fight over the entity. A member or manager can ask a court to dissolve an LLC on grounds that include deadlock among managers or members with irreparable injury threatened, misappropriation or waste of company assets, or conduct by those in control that is illegal or fraudulent. Before ordering dissolution, the court may appoint a receiver or custodian after notice and a hearing, or order the company or other members to buy out the petitioning member. If the operating agreement already contains a deadlock sale provision that was set in motion before the court finds deadlock, that provision generally controls.

Corporations follow a similar pattern. A shareholder can seek judicial dissolution on statutory grounds, and the corporation or other shareholders may elect to buy the petitioner’s shares at fair value to avoid dissolution. 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, and the election is irrevocable unless the court finds it equitable to modify it. During the case, a court can issue injunctions and appoint a custodian to preserve company assets. Our business divorce work routinely overlaps with real estate for exactly this reason.

Common Questions About Hiring a Real Estate Attorney in Greenacres

What does a real estate litigation attorney do that a closing attorney does not?

A closing attorney moves a transaction to completion. A litigation attorney steps in when a deal collapses, ownership is contested, or a co-owner, buyer, seller, landlord, or tenant refuses to do what the documents require. We handle both transactions and the courtroom side of real estate.

How long do I have to sue over a broken purchase contract?

For a contract in writing, Florida allows five years. An oral contract has a four-year period. If what you want is for a court to order the sale completed, that specific performance action has just one year, so it is often the controlling deadline.

Can I force a co-owner to sell our property?

Generally, yes. Florida lets a co-owner file a partition action, and the court can divide the property or, if that is not practical, order it sold and divide the proceeds. The outcome depends on the type of ownership and whether the heirs property rules apply.

What is a quiet title action and when do I need one?

It is a lawsuit that asks the court to decide who owns land and to remove competing claims or recorded documents that cloud your title. People bring them to clear defects before a sale, to resolve an old conveyance, or to separate themselves from a title they should no longer be on.

My tenant stopped paying rent. What notice do I serve?

Florida requires a written demand for payment or possession and a three-day period, excluding weekends and court-observed legal holidays, before termination. Other lease violations typically carry a seven-day cure notice. A defective notice can force you to start over.

If I accept partial rent after serving notice, do I lose my eviction case?

Not automatically. Accepting partial rent does not waive your right to terminate or sue, but you must follow one of the statutory options, such as providing a dated receipt with the remaining balance, paying the money into the court registry on filing, or serving a new notice for the reduced amount.

Can someone take my land through adverse possession in Florida?

It is possible but demanding. The claimant must show actual, continuous possession for seven years under a claim of title, and without a recorded instrument must also file a return with the property appraiser that includes a full legal description. If a claim is made under color of title, the instrument must be recorded in the county where the land sits.

I live in New Jersey and own a share of a Palm Beach County property. Do I have to come to Florida for court?

Not for every proceeding. We regularly represent clients from New York, New Jersey, and Connecticut, handle the local appearances, and keep you informed through calls and updates so you are not traveling for each hearing.

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

Often it is, because a short consultation can identify the deadline, the right notice, or the right court before a cheap mistake becomes an expensive one. Amounts in the county court range are still significant, and small claims have their own lower ceiling. We also look for resolution through negotiation or mediation so fees stay proportionate to what is at stake.

Can a court stop a co-owner from selling or encumbering the property while we fight?

Yes. A court can issue temporary or permanent injunctions, including emergency relief, to keep a property or company assets from being moved, sold, or spent while the case is pending. The sooner the request is made, the more likely the property is still there to protect.

Do I need to go to trial?

Not necessarily. Many disputes settle through negotiation, mediation, or arbitration. When a trial is the right path, as it was in the bench trial that produced our specific performance judgment, we are prepared to try the case.

Serving Real Estate Clients From Greenacres Across Palm Beach and Broward Counties

We represent property owners in Greenacres and the surrounding communities of Palm Beach County, including Lake Worth Beach, Lantana, Atlantis, Palm Springs, Boynton Beach, Delray Beach, and Boca Raton. Our work extends north through Wellington, Royal Palm Beach, West Palm Beach, Palm Beach Gardens, and Jupiter, and west toward Belle Glade and the communities of the Glades. We also serve clients across Broward County, from Deerfield Beach, Pompano Beach, and Coral Springs to Fort Lauderdale, Plantation, and Hollywood. Whether the property is a single-family home, a rental building, a commercial parcel, or a share of an investment held with former partners, and whether you live here or in the tri-state area, our real estate and business litigation work reaches throughout South Florida.

Speak With a Greenacres Real Estate Lawyer at Our Firm

If a contract is failing, a co-owner is blocking a sale, or a title problem is holding up your property, call to speak with a Greenacres real estate lawyer from the Andrew M. Schwartz Legal Team. We will review your documents, tell you which deadlines apply, and lay out the options, from negotiation and mediation to partition, quiet title, injunctive relief, or trial.

Call today to schedule a consultation. We answer the phone, and if we are in court when you call, you will hear back within 24 hours.