Hallandale Beach Real Estate Litigation Attorney

A closing that never happens, a co-owner who will not sign, a tenant who will not leave, or a recorded deed that clouds your title can freeze a property that may represent most of your net worth. The Andrew M. Schwartz Legal Team handles real estate transactions and litigation for owners, investors, and families in Hallandale Beach and across Broward County and Palm Beach County, and it brings that work to disputes where the property and the people who share it are both at stake.

If you are searching for a Hallandale Beach real estate litigation attorney, the dispute usually falls into one of a few patterns: a purchase contract that one side refuses to perform, a jointly owned property where the owners want different outcomes, a title problem that surfaced when you tried to sell or refinance, or a landlord and tenant conflict that has outgrown a friendly conversation. Each of these runs on its own clock and its own statute, and the choices made in the first weeks often decide how much leverage you hold later.

Hallandale Beach sits on the Broward County line, and a great deal of its property is held by people who do not live here full time. Condominium units, small commercial buildings, and investment parcels are often owned by siblings, former business partners, or out of state investors who bought together and now disagree. Those ownership structures are exactly where real estate disputes tend to start, and where the cost of delay compounds fastest.

Real Estate Disputes We Litigate for Hallandale Beach Owners and Investors

• Failed Closings and Purchase Contract Disputes: When a buyer or seller walks away from a signed contract, the remedies can include damages or an order forcing the sale to proceed. Specific performance claims carry a short one-year limitations period, which makes early evaluation essential.
• Partition Actions: Florida law lets a co-owner ask the court to divide jointly held property or, when division is impractical, order it sold and the proceeds split. These cases arise among former business partners, heirs, unmarried couples, and investors who want out.
• Heirs Property Cases: When relatives inherit land together without an agreement governing what happens next, Florida’s Uniform Partition of Heirs Property Act can change how a partition proceeds, including how the court weighs a forced sale against keeping the property in the family.
• Quiet Title and Title Disputes: A quiet title action asks the court to cancel a competing claim or cloud on title and declare who owns the land. We also represent clients who need to be separated from title to a property they no longer want to be tied to.
• Disputes Between Co-Owners Who Are Also Business Partners: Real estate held inside an LLC or corporation raises both property questions and entity questions, including deadlock, misuse of company funds, and judicial dissolution.
• Commercial and Residential Lease Disputes: Landlord and tenant matters range from unpaid rent and termination notices to breaches of commercial leases with significant money at stake.
• Injunctions to Preserve Property: When a co-owner, tenant, or counterparty threatens to sell, encumber, damage, or dispose of property mid-dispute, we seek temporary and permanent injunctive relief to hold the status quo.
• Construction and Loan Document Disputes: Disagreements over construction contracts, financing terms, and loan documents often sit underneath a property dispute and decide its outcome.

Why Hallandale Beach Clients Choose the Andrew M. Schwartz Legal Team

The Andrew M. Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation and has practiced in Florida since being 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, and his career has centered on complex contract disputes, business divorces, and conflicts among co-owners. Sundeep Nath, Senior Counsel, is 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 legal team, which means everyone working on your matter knows the file and can speak to it when you call. A strict 24 hour return call policy applies when the attorneys are in court, and conference calls can be scheduled around the clients’ calendars. Clients who own Hallandale Beach property from New York, New Jersey, or Connecticut are common, and the firm handles the local court appearances so they are not required to travel for every hearing. The attorneys are experienced in mediation and arbitration as well as courtroom litigation, and they look for the resolution that fits the client’s goals and budget rather than prolonging a case.

That experience has produced results at trial. After a five-day bench trial, a Broward County circuit court issued a 32-page final judgment in May 2024 awarding the firm’s client specific performance of a commercial real estate contract. A judgment of that kind, compelling a counterparty to complete a sale, is the outcome a buyer wants when money alone cannot replace the property. No attorney can guarantee a result, but the firm prepares each case with that level of detail.

Acting Quickly When a Property Dispute Surfaces in Broward County

The first thing to do is gather the paper. Collect the signed contract and every amendment, the deed and any title commitment or title policy, the operating or shareholder agreement if an entity holds the property, the lease, loan documents, and every email, text, and letter exchanged with the other side. Real estate disputes are won on documents and on the history of how the parties actually dealt with each other, so resist the urge to delete or reorganize anything, and stop discussing the dispute in writing with the other party until you have spoken with counsel.

Next, identify which deadline applies, because Florida’s limitations periods differ sharply by claim. A lawsuit on a written contract generally must be filed within five years, while a claim on an oral or implied contract has four years. A request for rescission has four years. A fraud claim runs four years from discovery, with an outer cap of 12 years. Specific performance is the outlier at one year, which surprises many buyers who assume they have the full contract period. An action to recover real property can also be barred unless the claimant or a predecessor held possession within seven years before filing. Because these periods can overlap on the same set of facts, the safe approach is to have the entire situation reviewed rather than assuming the longest deadline governs.

Where a lawsuit is filed depends on the amount at stake and the type of claim. Cases above the county court ceiling belong in circuit court, and title, partition, and injunction matters sit in the equity jurisdiction of the circuit court regardless. Broward County cases are heard in the Seventeenth Judicial Circuit, with the Central Judicial Complex in Fort Lauderdale and regional courthouses that include the South Regional Courthouse in Hollywood, the nearest to Hallandale Beach, along with North and West regional courthouses. Properties in Palm Beach County fall under the Fifteenth Judicial Circuit. Some disputes are also eligible for the Seventeenth Circuit’s complex business division, which handles large business and construction litigation and certain entity dissolution cases, and the filing rules for direct placement are set by administrative order. Federal court in Fort Lauderdale or West Palm Beach is an option only when federal jurisdiction exists.

The most common mistake is waiting while the other side acts. If a co-owner is listing the property, a partner is moving money, or a counterparty is preparing to transfer title to a third party, an emergency injunction may be needed before the next step cannot be undone. A second common mistake is accepting partial rent, or making informal side agreements, without understanding how they affect later claims. A third is signing a quitclaim deed or an extension without knowing what rights it surrenders. Early guidance costs little compared with unwinding these choices later.

Partition, Quiet Title, and the Remedies That Free a Stuck Property

Partition and quiet title are the two tools that most often unlock a property when owners cannot agree or when ownership itself is unclear. A partition case begins with a complaint that describes the land, names each owner and where each lives, and states the share each holds. If the court orders partition, it appoints three commissioners, chosen by the court unless the parties agree on them, to determine whether the property can be divided fairly. When the commissioners report that division would harm the owners, the court may order the property sold at public auction, with proceeds divided according to each owner’s interest. A sale on credit is possible for good cause, though at least one-third of the price must generally be paid at the outset unless everyone consents otherwise.

Heirs property changes the analysis. When relatives hold land as tenants in common without a governing agreement, and one of the statutory conditions is met, such as twenty percent or more of the interests being held by relatives, the Uniform Partition of Heirs Property Act applies instead of the traditional rules. The court cannot order partition in kind until commissioners have weighed the statutory factors and found that dividing the property would prejudice the cotenants as a group, and the act gives family members protections against being pushed into a forced sale. Recognizing whether the property qualifies early shapes the entire strategy.

Quiet title addresses a different problem: someone who is not the rightful owner holds a deed, lien, or claim that clouds your title. Florida law allows the action to be filed in any county where part of the land lies, and the plaintiff generally must trace title back at least seven years unless the court orders otherwise. Where the claim rests on a fraudulent attempted conveyance, the statutes provide a summary procedure and direct the court to move the case forward on its calendar. Adverse possession arguments also surface in these cases. Without color of title, a claimant must show seven years of actual, continuous possession under a claim of title, and the claimant must submit a return to the property appraiser that includes a full legal description. Where color of title is claimed, the instrument must be recorded in the county before it counts.

When the property is held through a company, the dispute may require relief at the entity level. A court may dissolve an LLC at the request of a member or manager on grounds that include deadlock that threatens irreparable injury, misappropriated or wasted assets, or the impracticability of carrying on under the operating agreement, and it may appoint a receiver or custodian after a hearing or order a purchase of the petitioner’s interest. A deadlock sale provision already in the operating agreement, if properly triggered before the court finds deadlock, can take priority over a judicial dissolution order. For corporations, a shareholder petition can prompt the corporation or other shareholders to elect to buy the petitioner out at fair value, and the court can issue injunctions and appoint a receiver while the case is pending. Knowing which lever applies keeps a real estate dispute from dragging on for years.

Landlord and tenant disputes follow their own deadlines. For unpaid rent, a landlord may terminate after three days following written demand, excluding weekends and court-observed holidays. For curable non-rent violations, the tenant has seven days to correct the problem after notice, and for violations that cannot be cured, the notice allows seven days to vacate. Accepting partial rent after serving notice does not automatically waive the right to terminate, but the landlord must handle the payment in one of the ways the statute prescribes, such as issuing a receipt, depositing the funds in the court registry, or serving a new notice. Missteps in these notices are a frequent reason otherwise strong eviction cases stall.

Questions Hallandale Beach Owners Ask About Real Estate Litigation

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

A claim founded on a written contract generally carries a five-year limitations period, and an oral or implied contract claim carries four years. If you want a court to force the sale to go forward, the specific performance period is only one year, so that claim should be evaluated quickly.

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

Yes, in many situations. A co-owner can ask the court for partition, and if the property cannot be divided fairly, the court may order it sold and the proceeds shared in proportion to each owner’s interest. Heirs property and agreements among the owners can change the outcome, which is why the facts of how you acquired title matter.

What is the difference between partition and quiet title?

Partition separates co-owners who hold the same property, either by dividing it or selling it. Quiet title resolves competing claims to ownership, canceling a deed, lien, or other claim that clouds who actually holds title. A single property can involve both.

Do I need a lawyer to remove a cloud on my title?

Often yes. A quiet title action has specific requirements, including tracing title for at least seven years in most cases and identifying every party who claims an interest. A defect in the filing can cost months, and the people named as defendants must be properly served.

My business partner and I own a building through an LLC and cannot agree. What are my options?

Start with the operating agreement, which may include buyout, deadlock sale, or dissociation provisions. If it does not resolve the problem, Florida law permits a court to dissolve the company on grounds such as deadlock causing irreparable injury or misappropriation of assets, and it can appoint a receiver or order a buyout of the petitioning member.

Can I stop someone from selling or mortgaging a property while we litigate?

Possibly. A court can issue temporary injunctive relief to preserve the property and the status quo while the case is pending. These motions require prompt action and evidence that the threatened harm cannot be repaired with money alone.

Does a Hallandale Beach case belong in county court or circuit court?

It depends on the amount in controversy and the relief sought. Cases above the county court threshold go to circuit court, and equitable matters such as partition, quiet title, and injunctions are heard in circuit court. For Hallandale Beach properties, that means the Seventeenth Judicial Circuit in Broward County.

Can adverse possession really transfer ownership of my property?

It can, but the requirements are demanding. A claimant without color of title must show seven years of actual, continuous possession under a claim of title exclusive of others, and must file the required return with the property appraiser. Color of title claims require the underlying instrument to have been recorded. Challenging a claim early is far easier than undoing a completed one.

I live out of state. Do I have to come to Florida for every hearing?

Not necessarily. The firm regularly represents clients from New York, New Jersey, and Connecticut with interests in South Florida, handles the local court appearances, and keeps clients informed through scheduled calls so they can participate without repeated travel.

Is a dispute over a few thousand dollars of rent or deposit worth hiring a lawyer?

Sometimes a limited letter or a properly drafted notice resolves it, and that can be inexpensive. Small claims cases have their own ceiling, and larger or recurring disputes, or those where the notice itself is defective, benefit from early advice before positions harden.

Does every real estate dispute have to be tried in court?

No. Many are resolved through negotiation, mediation, or arbitration, particularly when the contract or operating agreement requires it. The firm’s attorneys are experienced in each path and recommend the one most likely to meet your goals efficiently.

What happens if my co-owner is a relative?

Family co-ownership adds an emotional layer, and sometimes legal protections under the heirs property rules. The firm handles these cases with discretion while keeping the financial side clear, and it will often explore negotiated buyouts before filing suit.

Serving Real Estate Litigation Clients Across Hallandale Beach and South Florida

The firm represents property owners in Hallandale Beach and the surrounding Broward County communities, including Hollywood, Aventura, Pembroke Park, West Park, Pembroke Pines, Miramar, Dania Beach, Fort Lauderdale, Oakland Park, Pompano Beach, Deerfield Beach, Coral Springs, Parkland, Plantation, Sunrise, Davie, and Weston. Clients with property near the Hallandale Beach waterfront, along the Federal Highway and Hallandale Beach Boulevard corridors, and in the condominium communities near the coast turn to the firm for contract, title, partition, and landlord-tenant disputes.

The same representation extends north through Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Lake Worth Beach, West Palm Beach, Palm Beach Gardens, Jupiter, Wellington, and Royal Palm Beach. Many clients live in New York, New Jersey, or Connecticut and own South Florida property, and the firm works with them and with referring attorneys on cases in either county. Whether the property is a single-family home, a condominium, a commercial building, or an investment parcel, the firm handles the dispute from first demand through trial or settlement.

Speak With a Hallandale Beach Real Estate Litigation Lawyer

When a property is tied up by a broken contract, a stubborn co-owner, or a competing claim to title, waiting rarely improves your position. If you are looking for a Hallandale Beach real estate litigation lawyer who will review the documents, explain the deadlines that apply, and recommend the path that fits your goals and budget, the Andrew M. Schwartz Legal Team is ready to listen.

Call to arrange a consultation with our attorneys. We answer calls directly, return messages within 24 hours when we are in court, and can schedule a conference call at a time that works for you, wherever you are located.