Lake Worth Beach Real Estate Attorney

Most real estate fights in Palm Beach County are not about a house at all. They are about a contract that someone stopped honoring, a co-owner who will not sell, or a title that does not say what everyone thought it said. The Andrew M. Schwartz Legal Team handles real estate transactions and litigation for owners, investors, landlords, and families, and a Lake Worth Beach real estate attorney from our firm can step in at the point where a deal or an ownership arrangement goes wrong. We serve Lake Worth Beach and the rest of Palm Beach County, along with Broward County and clients across South Florida.

The disputes that reach us tend to fall into a few patterns: a closing that collapsed and left a buyer or seller holding the bag, a property owned by former business partners or siblings who cannot agree on its future, a cloud on title that blocks a sale, or a tenant situation that has gone past the point of a phone call. Each one runs on its own rules and its own clock, and the clock is often the first thing that decides who wins.

Why Choose the Andrew M. Schwartz Legal Team for Lake Worth Beach Real Estate Matters

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s business and real estate disputes. Founder Andrew M. Schwartz 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.

Real estate cases usually turn on the exact wording of a contract and the history between the parties, and that is the kind of work Mr. Schwartz’s career has been built around. In a recent matter, after a 5-day bench trial, the Broward County Circuit Court issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. For a buyer or seller who needs a court to compel a deal to close, that is the type of result that matters.

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 file knows it, and we hold to a strict 24 hour return call policy. We are experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that fits your goals and your budget rather than stretching a case out. We also handle local court appearances for out of state clients, including those from New York, New Jersey, and Connecticut who own property in South Florida, and many of our matters come to us as referrals from other attorneys.

Real Estate Problems We Handle for Lake Worth Beach Owners and Investors

• Failed Closings and Purchase Contract Disputes: A buyer who will not close, a seller who backs out for a better offer, or a dispute over deposits and contingencies. Remedies can include damages or an order forcing the sale to go through.
• Specific Performance Actions: When money cannot make you whole because the property itself is the point, a court can order the other side to perform. Florida gives one year to bring this type of action, so delay can cost you the remedy.
• Partition Actions: Co-owners who cannot agree can ask the court to divide the property or sell it and split the proceeds. These arise among former business partners, siblings, unmarried couples, and investors.
• Heirs Property: Land held in common by relatives who inherited it is treated differently under Florida’s partition statute, with added protections designed to keep family property from being forced into a quick sale.
• Quiet Title and Title Disputes: Competing ownership claims, a bad conveyance, or a recorded instrument that clouds your title. A quiet title suit asks the court to settle who owns what and clear the record.
• Adverse Possession Claims: A neighbor or occupant asserting ownership by long-term use, or an owner trying to defend against it. The rules are strict and turn on seven years of possession and specific filing steps.
• Commercial and Residential Lease Disputes: Landlord and tenant conflicts, including nonpayment, lease violations, and termination notices that must follow statutory timelines.
• Emergency Injunctions: Relief to stop a sale, a transfer, or interference with property while the underlying dispute is pending.

What to Do Now If a Property Dispute Is Taking Shape

Start by pulling together paper. Gather the purchase contract and every amendment, the deed, any operating agreement or co-ownership agreement, loan documents, closing statements, and the emails and texts that show what each side said and when. Real estate cases are won on documents, and the early messages are often the most revealing.

Then check the clock. Florida sets different deadlines for different claims. A claim founded on a written contract generally has five years, while an oral or implied contract claim has four. Fraud claims run four years from discovery, with an outer limit of 12 years. A specific performance action has only one year. An action to recover real property generally requires that the claimant or a predecessor was in possession within the prior seven years. Which deadline applies depends on how the claim is framed, so do not assume you have the longer one.

Do not sign anything the other side sends you, and do not move out, change locks, or cut off utilities on your own. If you are a landlord, the notice rules are exact. For unpaid rent, the tenant gets three days after written demand, excluding weekends and court-observed holidays, before the landlord can terminate. For a non-rent violation that can be fixed, the notice must give seven days to cure. A defective notice can sink an eviction and force you to start over. Accepting partial rent after the notice has its own traps, so talk to counsel before you take a check.

Lake Worth Beach sits in Palm Beach County, so most cases are filed in the Fifteenth Judicial Circuit. Circuit civil matters are heard at the main courthouse in West Palm Beach, and county civil court sits there as well. Disputes above the county court limit go to circuit court, and small claims handle the smallest cases. Where a property or a party sits in Broward County, the Seventeenth Judicial Circuit applies, and its complex business division hears certain larger commercial disputes. Federal court in West Palm Beach or Fort Lauderdale comes into play when the case belongs there.

The most common mistake is waiting. Owners hope the other side will cool off, and meanwhile a deadline passes, funds move, or a property gets encumbered. An early call lets us tell you which claims you have, which clock is running, and whether emergency relief makes sense.

How Partition and Quiet Title Cases Actually Work in Florida

Partition is a creature of the court’s equity powers, and every partition action is brought in circuit court sitting in chancery. The complaint must describe the land, name the owners and where they live, and state what share each holds. After a judgment of partition, the court appoints three commissioners, chosen by the court unless the parties agree. If the commissioners find the property cannot be divided without prejudice to the owners, the court can order it sold 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 down unless everyone consents otherwise.

Heirs property gets a separate track. Where relatives hold land as tenants in common without a binding agreement on partition, and certain conditions are met, such as relatives holding twenty percent or more of the interests, the court must apply Florida’s Uniform Partition of Heirs Property Act. In those cases, a division in kind is not entered unless the commissioners have weighed the statutory factors and found that dividing the land would prejudice the owners as a group. This framework slows forced sales and gives family members more room to buy out a relative.

A quiet title action is how an owner clears a cloud. The complaint can 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. The court can cancel a conveyance or other evidence of title held by someone who is not the rightful owner. Where the claim rests on a fraudulent attempted conveyance, Florida law provides a summary procedure and directs the court to advance the case on its calendar.

When the co-owners are also business partners, the property fight often sits inside a larger one. Florida lets a member of an LLC seek judicial dissolution on grounds that include deadlock with irreparable injury, misappropriation of assets, and the impracticability of carrying on under the operating agreement. A court can appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member’s interest. If your operating agreement has a deadlock sale provision, it can control the outcome, which is one more reason to bring the agreement to the first meeting.

Lake Worth Beach Real Estate Questions, Answered

What does a real estate attorney do in a dispute, as opposed to a closing?

In a transaction, an attorney drafts and reviews documents and helps the deal close. In a dispute, the work shifts to enforcing or defending rights: filing suit, seeking emergency relief, negotiating a resolution, or trying the case. Our firm handles both, with a litigation focus.

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

For a claim founded on a written contract, the limitations period is five years. An oral or implied contract claim has four years, and a suit to rescind a contract has four. A specific performance action has a one-year period, so a buyer who wants the property itself should not wait.

Can a court force a seller to complete a sale?

Yes. Because real property is considered unique, a court can order specific performance of a purchase contract. We have obtained that remedy for a client after a bench trial on a commercial contract. Whether it is available depends on the contract terms and on your own readiness to perform.

Can one co-owner force the sale of a property in Florida?

Generally, yes. Any co-owner can ask the court for partition. If the property cannot fairly be divided, the court can order a sale and split the proceeds. Heirs property is subject to extra protections that make a forced sale harder.

What is the difference between partition and quiet title?

Partition ends co-ownership by dividing the property or selling it. Quiet title resolves a dispute over who owns the property, or removes a competing claim or recorded instrument that clouds title. Some cases involve both.

How does adverse possession work in Florida?

The claimant must possess the property openly and continuously for seven years under a claim of title, and must follow statutory filing requirements, including a full legal description. A claim based on color of title requires the underlying instrument to be recorded in the county. It is a hard claim to win and a real threat to an owner who ignores a trespass.

What if my co-owner is also my business partner?

The property dispute and the business dispute are usually tangled together. We look at the operating or shareholder agreement, any fiduciary duty claims, and dissolution or buyout remedies alongside the real estate claims, so the strategy fits the whole picture.

My tenant stopped paying. What notice do I need?

For unpaid rent, a written demand starts a three-day period, not counting Saturdays, Sundays, or court-observed holidays. If the tenant does not pay or leave, the landlord may terminate. Other violations may require a seven-day notice, with or without a chance to cure, depending on the conduct. Errors in the notice are a common reason evictions fail.

I own property here but live in New York. Can you handle the case without my traveling?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut with South Florida property. We handle the court appearances and keep you updated, and we can schedule calls at times that work for you.

Does a real estate dispute always end in a trial?

No. Many are resolved through negotiation, mediation, or arbitration. We prepare every case as if it may be tried, because that preparation is what produces good settlements, but we pursue the route most likely to meet your goals at a sensible cost.

Which court will hear my case?

For Lake Worth Beach properties, that is usually the circuit court or county court serving Palm Beach County, depending on the amount in dispute and the type of claim. County court handles mid-range money claims and circuit court handles larger ones and equitable matters like partition and quiet title. Cases tied to Broward County go to the court there.

Serving Real Estate Clients Across Lake Worth Beach and Palm Beach County

We represent property owners in Lake Worth Beach and the surrounding communities, including Lantana, Greenacres, Palm Springs, Atlantis, Haverhill, Hypoluxo, and Boynton Beach. Our work extends north through West Palm Beach, Palm Beach, Riviera Beach, Lake Park, and Palm Beach Gardens, and west toward Wellington and Royal Palm Beach. To the south, we serve Delray Beach, Boca Raton, Highland Beach, and Boynton Beach clients throughout the county.

The firm also represents clients across Broward County, including Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, and Hollywood, as well as owners throughout South Florida. Many of the people we help live in New York, New Jersey, and Connecticut and hold investment property or a share of real estate here.

Talk With a Lake Worth Beach Real Estate Lawyer Today

If a contract has gone bad, a co-owner is blocking a sale, or a title problem is holding up your property, a conversation with a Lake Worth Beach real estate lawyer at the Andrew M. Schwartz Legal Team can tell you where you stand and which deadline is running. Call us to schedule a consultation, and we will return your call within 24 hours if we are in court when you reach us.