Greenacres Real Estate Litigation Attorney

Greenacres property owners, landlords, investors, and co-owners who have reached the point of a real estate dispute usually have one question: do we fight this out in court, or is there a better way through it? The Andrew M. Schwartz Legal Team helps business owners, investors, and families across Palm Beach County and Broward County make that call, and handles the litigation when a lawsuit is the right answer. As a Greenacres real estate litigation attorney team, we take on failed closings, partition actions, title disputes, and landlord and tenant conflicts.

Real estate disputes tend to turn on a few things: the exact wording of a contract, who actually holds title, and how fast a deadline is approaching. Some of those deadlines are short. A suit for specific performance, which asks a court to force a seller or buyer to complete a deal, carries a one-year limitations period under Florida law. Other claims run four or five years. Knowing which clock applies to your situation is often the first real piece of legal work.

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

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s difficult business and real estate disputes, serving Greenacres and the rest of Palm Beach County, along with Broward County and clients from New York, New Jersey, and Connecticut who own property here. Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation and was admitted to The Florida Bar in 1989. He earned his undergraduate degree from Emory University in 1986 and 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.

Real estate cases at this firm are handled by a true legal team, which means everyone working on your matter knows the file. Clients get a strict 24 hour return call policy when the attorneys are in court, and scheduled conference calls at times that work for everyone. The firm is experienced in mediation and arbitration as well as courtroom litigation, and it looks for the resolution that fits a client’s goals and budget rather than stretching a case out for its own sake.

The firm’s record includes a recent trial result directly on point. After a 5-day bench trial in Broward County Circuit Court, the judge issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. That is the kind of outcome that comes from preparing a contract case down to the wording of the agreement and the history of how the parties dealt with each other. A meaningful share of the firm’s work also comes from referrals by other attorneys, including out of state lawyers whose clients have Florida property disputes.

Real Estate Disputes We Handle for Greenacres Owners and Investors

• Failed Closings and Purchase Contract Disputes: A buyer who cannot close, a seller who backs out for a better offer, or a dispute over deposits and contingencies can lead to claims for damages or specific performance. A written real estate contract generally carries a five-year limitations period, but specific performance must be pursued within one year.
• Partition Actions: When co-owners cannot agree what to do with a property, Florida’s partition statutes let a court divide the land or order it sold and the proceeds shared. These cases arise among former business partners, siblings who inherited together, unmarried couples, and investors who want out.
• Heirs Property: Property held in common among relatives who inherited it receives special treatment under Florida’s Uniform Partition of Heirs Property Act, which adds protections before a court will order a forced sale.
• Quiet Title and Title Disputes: Competing ownership claims, clouds on title, and questionable conveyances can be resolved through a quiet title action, which can be filed in any county where part of the land sits. A plaintiff generally must trace title back at least seven years.
• Adverse Possession Claims: A person who occupies land for seven years under a claim of title may be able to assert ownership, and owners facing such a claim need to act before the possession matures.
• Commercial Lease Disputes: Disagreements over rent, repairs, default, and termination between commercial landlords and tenants often turn on the lease language and the course of dealing between the parties.
• Residential Landlord and Tenant Matters: Evictions in Florida follow strict notice rules, including a 3-day written demand for unpaid rent and a 7-day notice for certain other violations. A defective notice can derail an otherwise valid case.
• Injunctions Protecting Property: When property or company assets are about to be sold, encumbered, or moved, we pursue temporary and permanent injunctions, including emergency relief, to hold the status quo while the dispute is decided.

What to Do and Where Cases Go When a Property Dispute Starts

The first thing worth doing is gathering paper. Pull the contract, any amendments, the deed, the lease, closing statements, and every email or text that touches the disagreement. In real estate cases, the written record frequently decides who wins, and the other side’s version of events tends to shift once documents are on the table. Do not sign anything new, accept partial payments without a written receipt, or move out of a property before you understand how it affects your position.

Next, check the clock. Written contract claims have five years, oral or implied contract claims have four, and a fraud claim runs four years from discovery with an outer limit of twelve. Specific performance is the short one at one year. If a landlord is terminating a tenancy, the notice periods are measured in days, and if partial rent was accepted after a nonpayment notice, the landlord has to take certain steps to keep the case clean. Waiting to see how things develop is one of the most common and costly mistakes.

Where your case is heard depends on the amount in controversy and the type of claim. Disputes of $8,000 or less go to small claims, mid-range disputes go to county civil court, and larger claims, along with matters like partition, quiet title, and injunctions, are heard in circuit court. Greenacres sits in Palm Beach County, so most local property matters belong to the Fifteenth Judicial Circuit, with the main courthouse in West Palm Beach and a south county courthouse in Delray Beach. Properties or defendants in Broward County fall under the Seventeenth Judicial Circuit, which has Central Judicial Complex in Fort Lauderdale and regional courthouses in Deerfield Beach, Hollywood, and Plantation. Broward also has a complex business division that handles large business and construction litigation. Cases with federal jurisdiction go to the Southern District of Florida, which holds court in West Palm Beach and Fort Lauderdale.

In practice, a case usually starts with demand letters and an attempt at resolution, moves into a filed complaint, and then into discovery, where documents and testimony are exchanged. Many matters settle at mediation. Those that do not proceed to a bench or jury trial. For an owner who lives out of state, we handle the local appearances so travel is not required for every hearing.

How Partition and Co-Ownership Cases Actually Play Out

Partition deserves its own look because it surprises people. When one co-owner files, the complaint has to describe the land, name every owner and where they live, and state what share each holds. If the court finds an owner is entitled to partition, it appoints three commissioners to evaluate whether the land can fairly be divided. For a single house or a small lot, it usually cannot, and the court may order a public sale with proceeds split by ownership share. A sale on credit is possible for good cause, but at least one-third of the price must be paid down unless everyone agrees otherwise.

Heirs property changes the picture. If the land is held in common, at least some interests came from a relative, and conditions such as twenty percent or more of the interests being held by relatives are met, the court must apply the heirs property framework. A partition in kind generally requires commissioners to weigh specific factors and find that division would prejudice the cotenants as a group before the court will go that route. Families in this position often have more bargaining room than they realize, including buyout options among themselves.

When the co-owners are also business partners, the dispute can blend with a business divorce. If the property sits inside an LLC or corporation, judicial dissolution, buyout rights, and the operating agreement all come into play, and a deadlock sale provision in the agreement may control. We handle both sides of that overlap, along with claims for an accounting or breach of fiduciary duty when a partner has mishandled company funds.

Common Questions About Real Estate Litigation in Greenacres

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

A claim founded on a written contract generally has five years. An oral or implied contract claim has four years. If you want a court to order the other party to complete the deal through specific performance, that action has a one-year period, so it is the one most likely to expire while you are still negotiating.

What is specific performance in a real estate case?

It is a court order requiring a party to carry out the contract as written, usually by closing on the property, rather than paying money damages. Because every parcel is considered unique, courts will sometimes grant it. We recently obtained such a judgment for a client after a 5-day bench trial in Broward County Circuit Court.

Can I force the sale of a house I co-own?

Often, yes. A co-owner can ask the court for partition. If the property cannot be divided fairly, the court may order it sold at public auction and the proceeds divided in proportion to ownership. Different rules apply if the property qualifies as heirs property.

What is a quiet title action?

It is a lawsuit asking the court to declare who owns a property and to remove competing claims or cancel documents that cloud title. It can be filed in any county where part of the land is located, and the plaintiff generally has to show a chain of title going back at least seven years.

How long does a landlord have to wait before evicting for unpaid rent?

A residential landlord must deliver a written demand for payment or possession, and the tenant has 3 days, not counting weekends and court-observed holidays, before the landlord may terminate. For other violations that can be cured, the tenant gets 7 days to fix the problem. Defects in the notice are a common reason eviction cases get thrown off track.

Does accepting partial rent hurt a landlord’s eviction case?

Not automatically. Accepting partial rent does not waive the right to terminate, but the landlord must give a receipt noting the amount, date, and remaining balance, deposit the partial payment with the court when filing, or post a new notice reflecting the updated amount owed.

Can someone claim my land by occupying it?

Possibly. Florida allows adverse possession after seven years of continuous, exclusive possession under a claim of title, and the claimant must follow specific procedures, including providing a full legal description. Owners who learn someone is using their land should address it long before seven years pass.

Do real estate disputes in Greenacres go to county court or circuit court?

It depends on the amount and the relief sought. Claims above $8,000 up to the county court ceiling go to county court, and larger claims go to circuit court. Partition, quiet title, and injunction cases are equitable matters heard in circuit court, which in Greenacres means the Fifteenth Judicial Circuit.

I own property here but live in New York. Do I have to attend every hearing?

Generally no. We handle local court appearances and keep you informed at each stage. You may need to attend certain events, like a mediation or trial, but much of the case can be managed remotely.

Is it worth hiring a lawyer if the dispute is over a smaller property or modest amount?

It can be, particularly where title, a deadline, or a notice defect is involved, since a small mistake can cost far more than the amount in dispute. We look for resolutions that match a client’s goals and budget, and many disputes settle through negotiation or mediation without a full trial.

Can a court stop someone from selling a property while we fight?

In appropriate cases, yes. A temporary or emergency injunction can prevent a sale, transfer, or encumbrance while the case is pending, but the court looks closely at the urgency and the evidence, so the request needs to be well supported and filed promptly.

Serving Real Estate Litigation Clients Across Greenacres and South Florida

We represent property owners and investors in Greenacres and throughout Palm Beach County, including West Palm Beach, Lake Worth, Wellington, Boynton Beach, Delray Beach, Boca Raton, Royal Palm Beach, Palm Springs, Lantana, Jupiter, and Palm Beach Gardens. We also serve clients in Broward County communities such as Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Plantation, and Hollywood. Whether the property is a single-family home, an investment duplex, a strip center, or a parcel held among relatives, our attorneys handle the dispute from the first demand through trial if necessary. Clients from New York, New Jersey, and Connecticut with South Florida holdings are a regular part of our practice.

Talk With a Greenacres Real Estate Litigation Lawyer

If a contract has fallen apart, a co-owner is blocking a decision, or someone is challenging your title, a conversation with a Greenacres real estate litigation lawyer at the Andrew M. Schwartz Legal Team can clarify which deadlines apply and which options make sense. Call us to schedule a consultation. We answer the phone, and we return calls within 24 hours when we are in court.