Lantana Real Estate Transactions Attorney
Whether you are holding a signed contract on a Lantana property, trying to get out of one, or sitting across the table from a seller or buyer who has stopped returning calls, the next move matters more than most people expect. The Andrew M. Schwartz Legal Team handles Lantana real estate transactions attorney work for buyers, sellers, investors, landlords, tenants, and co-owners in Lantana and across Palm Beach County and Broward County, and also represents out of state owners whose South Florida property is the source of the problem.
Real estate deals in this part of Palm Beach County rarely stay simple. A residential closing near the Intracoastal can hinge on a financing contingency. A small commercial purchase can fall apart over an inspection period or a title question. A property inherited by three siblings can sit unsold for years because no one agrees on the price. These are transaction problems, and many of them turn into litigation when the contract language is unclear or one side walks away.
Our work covers both ends of that spectrum: drafting and reviewing the documents before you sign, and enforcing or defending them when a deal breaks. The sections below explain what a transactions attorney does in practice, where Lantana deals tend to go wrong, and how the clock works if a dispute has already started.
What a Real Estate Transactions Attorney Actually Does Before and After the Contract
Many buyers and sellers assume the standard form contract and a title company are enough. Sometimes they are. But the form contract is only a starting point, and the negotiated terms, riders, and deadlines are where disputes begin. A transactions attorney reads the agreement for what it actually commits you to: who holds the deposit, what happens if financing falls through, how long the inspection window runs, what counts as default, and who pays attorney fees if the deal ends up in court.
On the front end, that means reviewing or drafting purchase and sale agreements, negotiating contingencies, examining title and survey issues, and making sure the closing documents match what was agreed. On the back end, it means stepping in when a closing fails, a deposit is withheld, or a counterparty refuses to perform. Because our lawyers also try these cases, the drafting is done with an eye toward how a judge would read the language later.
Why Choose the Andrew M. Schwartz Legal Team for Lantana Real Estate Transactions
The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Lantana, Boca Raton, West Palm Beach, Fort Lauderdale, and the rest of Palm Beach County and Broward County. Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989.
Andrew is joined by Sundeep Nath, Senior Counsel, a Northwestern-trained litigator with years of experience handling business and real estate cases in state and federal courts. The firm works as a true legal team, so everyone assigned to your matter knows the file and can answer when you call. A strict 24 hour return call policy applies if we are in court or otherwise unavailable.
That litigation background shapes how we handle transactions. In a recent matter, after a 5-day bench trial, a Broward County circuit court issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. Outcomes like that depend on contract wording and the parties’ course of dealing, which is exactly why careful drafting and documentation on the front end pay off. We also handle mediation and arbitration, and we aim for the resolution that fits the client’s goals and budget rather than prolonging a dispute for its own sake. Many of our matters come from referrals by other attorneys, and we regularly appear in local courts for clients who live in New York, New Jersey, and Connecticut.
Where Lantana Property Deals Commonly Break Down
- Failed Closings and Deposit Disputes: A buyer cannot obtain financing, an inspection reveals a defect, or a seller changes course after receiving a better offer. Who is entitled to the deposit, and whether the other side breached, depends on the contingency language and whether deadlines were met.
- Specific Performance Claims: When a seller refuses to convey a unique property, a buyer may ask the court to order the sale to go forward rather than accept money damages. These claims have a short filing window, discussed below.
- Title Defects and Quiet Title Actions: Competing ownership claims, old liens, or a cloud on title can stall a sale. Florida courts can determine title and cancel an improper conveyance, and a plaintiff generally must trace title back at least seven years.
- Partition Among Co-Owners: Former business partners, siblings who inherited a home, and unmarried couples often own property together and cannot agree on selling. A partition action asks the court to divide the property or order it sold and split the proceeds.
- Heirs Property Situations: When property passes through a family without clear agreements and relatives hold at least twenty percent of the interests, Florida’s heirs property rules can change how a partition proceeds, including protections against forced sale.
- Commercial Lease and Purchase Disputes: Retail, office, and small industrial deals along the Palm Beach County coastal corridor raise questions about assignment, default, and the precise wording of lease or purchase terms.
- Landlord and Tenant Conflicts: Nonpayment, lease violations, and early termination disputes follow strict notice rules that, if mishandled, can undo an otherwise valid eviction.
- Out of State Owners and Absentee Investors: Owners who live elsewhere face problems managing closings, signing documents remotely, and responding to claims about a property they rarely visit.
What to Do When a Lantana Real Estate Deal Is Going Wrong
Start by gathering the paper. That means the signed contract and every addendum, the deposit receipt, emails and texts with the other party and any agents, inspection reports, lender correspondence, and any notices sent or received. Do not rely on memory about who said what. In a contract case, the written record usually decides the outcome.
Next, check the deadlines inside the contract itself. Inspection periods, financing contingencies, and closing dates are often short, and missing one can change who is in default. Do not stop paying, walk away, or send a termination notice before someone has read the agreement, because a hasty move can turn you from the injured party into the breaching one.
Then pay attention to the statutory clocks. A lawsuit on a contract based on a written instrument must be filed within five years. A claim on an oral or implied contract has four years. An action to rescind a contract has four years. Fraud claims run four years from discovery, with an outer limit of twelve years. A specific performance action is different and much shorter: one year. If you want the court to force a sale to close, waiting is the costliest mistake you can make.
Where a dispute leads to court, claims in Lantana are heard in Palm Beach County. The circuit court of the Fifteenth Judicial Circuit handles larger disputes, and county court handles claims up to a threshold that is adjusted periodically, with small claims for the smallest cases. Real estate and title disputes with substantial value generally belong in circuit court, which sits in West Palm Beach. If the property or the parties are connected to Broward County, the Seventeenth Judicial Circuit may be the proper forum, and its complex business division handles certain large business and construction cases. Federal court in the Southern District of Florida sits in West Palm Beach and Fort Lauderdale when federal jurisdiction applies.
If the problem involves a tenant, notice rules control everything. For unpaid rent, a landlord must deliver written demand and the tenant has three days, excluding weekends and court-observed holidays, to pay or leave. For other lease violations that can be cured, the notice gives seven days to correct the problem. For violations that cannot be cured, or repeated violations within twelve months of a written warning, the landlord may give a seven day notice of termination. Accepting partial rent after a notice is posted has specific consequences, and a landlord who handles it wrong can weaken the case.
Partition, Quiet Title, and Co-Ownership Problems in Practice
Shared ownership is one of the most common sources of real estate conflict we see. When co-owners cannot agree, Florida law lets any owner ask the court to partition the property. Partition actions are brought in circuit court, and the complaint must describe the land, name the owners and where they live, and state each owner’s share. After judgment, the court appoints three commissioners to examine whether the land can be divided fairly. If it cannot be divided without prejudice to the owners, the court may order a sale at public auction and distribute the proceeds according to each owner’s interest. A sale on credit is possible for good cause, but at least one-third of the price must be paid at the outset unless everyone agrees otherwise.
Quiet title is the other major tool. A person claiming legal or equitable title can ask the court to determine ownership and cancel a conveyance or claim that clouds the title. These actions can be filed in any county where part of the land lies. They also come up when someone asserts adverse possession, which in Florida generally requires seven years of continuous, exclusive possession under a claim of title, with specific filing requirements including a full legal description. Where a claim is based on a recorded instrument, that instrument must be recorded with the clerk of the circuit court for the claim to qualify as under color of title.
When the co-owners are also business partners or LLC members, the property dispute may overlap with a dissolution or fiduciary claim. Florida allows a court to dissolve an LLC on grounds that include deadlock with irreparable injury, misappropriated or wasted assets, and situations where it is not reasonably practicable to carry on the business under the operating agreement. Courts can also appoint a receiver or custodian or order a buyout. Untangling the real estate from the entity often requires handling both at once.
Questions People Ask About Lantana Real Estate Transactions
When do I need a lawyer for a real estate purchase or sale in Lantana?
Any time the deal involves more than a routine form contract: custom contingencies, commercial property, seller financing, shared ownership, title concerns, or a counterparty who is already pulling back. Having a lawyer review the agreement before signing is far cheaper than litigating its meaning later.
Can a lawyer help if the other side is refusing to close?
Yes. Depending on the contract, remedies may include recovering your deposit, damages, or asking the court for specific performance, which orders the sale to proceed. Because specific performance carries a one-year filing period, speak with an attorney quickly.
How long do I have to sue over a breached real estate contract?
For a contract founded on a written instrument, five years. For an oral or implied contract, four years. Rescission claims have four years, fraud claims four years from discovery up to twelve overall, and specific performance one year. Different claims arising from the same deal can carry different deadlines.
What is the difference between partition and quiet title?
Partition separates co-owners, either by dividing the property or selling it and splitting the money. Quiet title resolves who owns the property by removing competing claims or clouds on title. They are different lawsuits, though they sometimes arise in the same family or business dispute.
Do I have to go to court to resolve a transaction dispute?
No. Many disputes resolve through negotiation, mediation, or arbitration, especially if the contract requires it. Our attorneys handle alternative dispute resolution as well as trials, and we pursue the path most likely to meet your goals efficiently.
I inherited a Lantana property with my siblings and one of them wants to sell. What are my options?
You can negotiate a buyout, agree to a joint sale, or, if no agreement is possible, a co-owner can file for partition. If the property qualifies as heirs property, Florida’s special rules apply, which can include extra steps and protections before a court orders a sale.
If I live in New York or New Jersey, can you handle my Lantana property dispute?
Yes. We regularly represent clients from New York, New Jersey, and Connecticut who own business or real estate interests in South Florida. We attend the local hearings and proceedings and keep you informed without requiring you to travel for each appearance.
Which court would hear my case if my Lantana deal falls apart?
Disputes involving Lantana property are generally brought in Palm Beach County, in the Fifteenth Judicial Circuit for larger claims or county court for claims under the county court limit. Federal court in West Palm Beach may apply if there is a federal basis for jurisdiction.
Is it worth hiring a lawyer for a smaller transaction dispute?
Often, yes, particularly when a deposit, a property interest, or a lease obligation is at stake and the contract provides for attorney fees. A short review can tell you whether the claim is worth pursuing or whether a negotiated resolution is the practical answer.
Can a landlord evict me without giving me a chance to fix a lease violation?
Only for certain violations. For curable violations, Florida law generally requires a written notice giving seven days to correct the problem. Violations that cannot be cured, such as intentional property destruction, or repeated violations within twelve months of a written warning, allow a seven day notice to terminate without a cure period.
Does accepting partial rent hurt a landlord’s eviction case?
It can if handled incorrectly. After a nonpayment notice, a landlord who accepts partial rent must issue a receipt noting the amount and remaining balance, deposit the partial rent in the court registry upon filing, or post a new three day notice reflecting the revised amount. Accepting partial rent does not by itself waive the right to terminate or sue.
Serving Lantana and Surrounding South Florida Real Estate Clients
We represent clients in Lantana and the neighboring Palm Beach County communities of Lake Worth Beach, Hypoluxo, Manalapan, Boynton Beach, Greenacres, Palm Springs, Atlantis, and Haverhill. Moving north and west, our work extends to West Palm Beach, Palm Beach Gardens, Wellington, Royal Palm Beach, and Jupiter, and south to Delray Beach, Boca Raton, and Highland Beach.
Across the county line, we also serve Broward County clients in Deerfield Beach, Pompano Beach, Fort Lauderdale, Hollywood, Plantation, and surrounding communities. Whether the property is a residential home, a small commercial building, an investment parcel, or a family-held asset shared among relatives, our lawyers handle the transaction and, if needed, the courtroom work. We also serve owners in New York, New Jersey, and Connecticut whose South Florida real estate or business partners are the source of the dispute.
Talk With a Lantana Real Estate Attorney Before the Deadline Passes
If you need a Lantana real estate attorney to review a contract, enforce a deal, or resolve a dispute over shared property, the Andrew M. Schwartz Legal Team can evaluate your situation and explain the options. Many real estate claims carry short deadlines, and the earlier we see the documents, the more choices you have. Call our office to schedule a consultation and tell us what is happening with your property.
