Lighthouse Point Real Estate Transactions Attorney

A real estate deal does not end when the contract is signed, and in Lighthouse Point the disputes that follow often have little to do with price. They come from a closing date that slips, a title problem that surfaces after the deposit is paid, a co-owner who will not sign, or a seller who simply stops performing. The Andrew M. Schwartz Legal Team handles commercial and residential real estate transactions and litigation for buyers, sellers, investors, landlords, tenants, and families in Lighthouse Point, throughout Broward County, and across Palm Beach County and South Florida.

Most searches for a Lighthouse Point real estate transactions attorney start with a purchase or sale. The better question is what happens when the transaction goes wrong, because that is where the contract language you accepted early on starts to control the outcome. Deadlines for inspection, financing, and closing, remedies for default, and the handling of the deposit were all fixed at signing. A lawyer who reads those terms before anything is signed, and who is also comfortable in a courtroom if the deal collapses, gives you protection at both ends of the process.

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

The Andrew M. Schwartz Legal Team is a Boca Raton firm that represents business owners, investors, and families in South Florida’s real estate and business disputes, serving Lighthouse Point and the rest of Broward County, along with Palm Beach County. Andrew M. He earned his undergraduate degree at Emory University in 1986 and his law degree at 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’s real estate work covers transactions and litigation, including failed closings, purchase and sale contract disputes, partition actions, quiet title and title disputes, and landlord and tenant matters. That breadth matters because a real estate problem rarely stays in one category. A failed closing becomes a specific performance claim; a family-owned property becomes a partition case.

The firm’s results reflect that trial experience. After a five-day bench trial in Broward County Circuit Court, the court issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. Specific performance means the court compelled the sale to go forward rather than leaving the client with a refund and a lost property.

The firm operates as a true legal team, so everyone working on your matter knows the file. Calls are returned within 24 hours when the attorneys are in court or otherwise unavailable, and conference calls are scheduled at times that work for everyone involved. 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. Many clients live outside Florida, particularly in New York, New Jersey, and Connecticut, and the firm handles the local court appearances for them. A significant part of the practice also comes from referrals by other attorneys, and the firm keeps referring counsel informed throughout.

Real Estate Situations That Bring Lighthouse Point Clients to a Lawyer

• Failed Closings and Purchase Contract Disputes: A buyer who cannot close, a seller who walks away for a better offer, or a disagreement over who is entitled to the deposit. These cases turn on the contract’s default and remedy provisions and on whether either side was ready, willing, and able to perform.
• Specific Performance Claims: When money damages cannot replace a particular piece of property, a buyer can ask the court to order the sale completed. Florida sets a one-year limitations period for a specific performance action, so waiting to see whether the other side relents can forfeit the remedy.
• Title Defects and Quiet Title Actions: Competing ownership claims, stale liens, or a questionable conveyance that clouds title. A quiet title action under Florida’s chapter 65 asks the court to determine ownership and remove the cloud, and the plaintiff generally must trace title back at least seven years.
• Partition of Co-Owned Property: Siblings who inherited a home, former business partners, unmarried couples, and investors who want out of a shared property. Under chapter 64, the court can divide the property or, when division is impractical, order it sold and split the proceeds.
• Heirs Property: Family-held property passed down without a clear agreement among the owners gets special treatment under Florida’s Uniform Partition of Heirs Property Act, which adds protections before a forced sale can occur.
• Landlord and Tenant Disputes: Nonpayment, lease violations, early terminations, and holdovers, governed by the notice requirements in Florida’s residential landlord-tenant statute, with commercial leases controlled mainly by the lease itself.
• Commercial Lease and Purchase Agreements: Disputes over rent, build-out obligations, assignment, and default, which often turn on exact contract wording and the parties’ course of dealing.
• Co-Owner and Partner Conflicts Involving Property: When an entity that owns real estate is itself deadlocked, the property dispute and the business dispute have to be resolved together, including through judicial dissolution where appropriate.

What to Do When a Real Estate Deal Starts to Unravel

Start by gathering the documents before anyone gets defensive: the signed contract and every addendum, the deposit and escrow records, inspection and financing deadlines, title commitments, surveys, and all emails and texts exchanged with the other side and with the agents. Where a dispute eventually lands often depends on small details in these papers, such as a date that was extended informally or a notice that was sent to the wrong address. Do not send accusatory messages or announce that you are terminating the contract until someone has read it. A premature termination can turn a strong position into a breach.

Deadlines matter more than most people expect. A claim on a written contract generally must be brought within five years, while claims on oral or implied agreements get four. An action to rescind a contract has four years, and fraud claims run four years from discovery, with an outer cap of twelve. A specific performance action has just one year, and that short window is the one most likely to catch a buyer off guard. A lawsuit to recover real property can also be barred unless the plaintiff or a predecessor held possession within the prior seven years. If you are weighing whether to wait and negotiate, ask how much of the shortest applicable period has already run.

Where a case is filed depends on the amount at stake and the type of relief sought. Disputes above the county court ceiling belong in circuit court, and claims for specific performance, partition, quiet title, and injunctions are equitable matters heard there. For property in Lighthouse Point, that means the Seventeenth Judicial Circuit, which sits in and for Broward County, with civil matters heard at courthouses in the county such as the Central Judicial Complex in Fort Lauderdale and the North Regional Courthouse in Deerfield Beach. Broward’s circuit court also maintains complex business divisions for large business and construction litigation and certain business entity dissolutions, which can matter when a property dispute is bound up in an ownership fight over a company. If the property or the parties span Palm Beach County, the Fifteenth Judicial Circuit may be the proper forum, and federal court in the Southern District of Florida is available in cases that qualify.

Expect the early weeks to focus on whether emergency relief is needed. If a seller is about to convey the property to someone else, or funds or assets are being moved while the case is pending, the firm can seek a temporary injunction to hold things in place. After that, most real estate cases move through pleadings, document exchange, depositions, and mediation. Many resolve at mediation, but contract and title cases that cannot be settled go to trial, sometimes a bench trial in which the judge decides everything. Preparing for that outcome from the beginning is usually what produces a fair settlement.

How Partition and Title Cases Work in Practice

A partition case begins with a complaint that describes the land, names each owner and where they live, and states what share each holds. If the court finds a right to partition, it appoints three commissioners, chosen by the court unless the parties agree on them, to assess whether the property can be fairly divided. A house or a single commercial parcel rarely divides cleanly, so the more common result is a court-ordered sale at public auction, with proceeds split in proportion to each owner’s interest. A sale on credit is possible for good cause, but at least one-third of the purchase price must be paid down unless every party agrees otherwise.

Inherited property follows a different path. If the property qualifies as heirs property, which generally requires a tenancy in common with no binding agreement among the owners, title acquired from a relative, and a further qualifying condition such as relatives holding twenty percent or more of the interests, the court must apply the Uniform Partition of Heirs Property Act unless all cotenants agree otherwise. Partition in kind is only entered after commissioners have considered the statutory factors and found that dividing the land would prejudice the cotenants as a group. For families, this can be the difference between keeping a home in the family and watching it auctioned.

Quiet title actions work differently. They are often the answer when a conveyance was fraudulent, a recorded document clouds ownership, or someone asserts a claim without a rightful basis. A quiet title action can be filed in any county where any part of the land sits, and in cases based on a fraudulent attempted conveyance, the court is directed to use summary procedure and advance the case on its calendar. Adverse possession claims have their own strict requirements, including seven years of continuous possession and, where claimed under color of title, recorded documents. These claims turn on proof, so a lawyer should evaluate them before either claiming or defending against one.

Questions About Real Estate Transactions and Disputes in Lighthouse Point

Do I need a lawyer for a routine home purchase or sale?

Many routine closings go smoothly, but a lawyer is most valuable before signing, when the contract’s contingencies, deadlines, and default remedies can still be changed. Review is especially worthwhile for investment properties, properties with title questions, or any deal involving a family member or business partner.

What happens to my deposit if a closing falls through?

That depends on who defaulted and what the contract says about remedies. Some contracts allow the seller to keep the deposit as liquidated damages, others allow a claim for actual damages, and the escrow agent may hold the funds until both sides agree or a court rules. Do not assume the deposit is automatically returned or forfeited.

Can a court force a seller to complete the sale?

Yes. A court can order specific performance when the buyer shows it was ready and able to close and money damages would not make up for losing the property. Florida allows only one year to bring that action, so it should not be postponed.

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

For a claim founded on a written contract, the limitations period is five years. Oral or implied contract claims have four years, rescission has four years, and fraud has four years from discovery up to twelve overall. The specific performance period is just one year. The 2023 changes that shortened the negligence deadline to two years did not alter the written contract period.

Can one co-owner force the sale of a jointly owned property?

Generally, yes. Florida allows a co-owner to ask the court for partition, and when the property cannot be divided fairly, the court may order a sale at public auction. Heirs property gets extra protections that can slow or prevent a forced sale.

What is the difference between a partition action and a quiet title action?

Partition separates co-owners who both have valid interests, by dividing the land or selling it. Quiet title resolves who actually owns the property by removing competing or invalid claims from the record. A single case sometimes involves both.

My landlord or tenant is not following the lease. What notice is required?

For residential tenancies, a tenant who fails to pay rent can be given a written demand, and if the default continues for three days after delivery, excluding weekends and court-observed legal holidays, the landlord may terminate. For curable violations other than rent, the notice must give the tenant seven days to correct the problem, while noncurable violations such as intentional property damage carry a seven-day notice to vacate. A landlord does not waive these rights by taking partial rent, but must handle the partial payment properly.

If the other party is out of state, can the case still proceed here?

Often it can, because jurisdiction over the property and over parties with Florida real estate interests is typically available in the county where the land sits. The practical issues, such as service of process and the logistics of depositions, are manageable and should be planned early.

Can I try to resolve the dispute without a lawsuit?

Yes, and many disputes are resolved through negotiation, mediation, or arbitration, particularly where a contract requires it. The firm is experienced in these alternatives and pursues whichever path best fits the client’s goals and budget, while preparing the litigation in case it becomes necessary.

Is it worth hiring a lawyer if the property value is modest?

Often it is, because the cost of a flawed deal or a lost property right can exceed the dollar value on paper. Smaller disputes may be heard in county court, and a short consultation can show whether the claim justifies pursuing or whether a negotiated exit makes more sense.

Can a problem with the title be fixed after closing?

Sometimes. A quiet title action can cancel a conveyance or remove a cloud on title, and the court can determine who holds ownership. The remedies available, and how difficult the fix will be, depend on the nature of the defect and whether title insurance or other parties can share the cost.

Serving Real Estate Clients From Lighthouse Point Across South Florida

The firm represents buyers, sellers, landlords, investors, and co-owners in Lighthouse Point and the surrounding Broward County communities, including Pompano Beach, Deerfield Beach, Hillsboro Beach, Sea Ranch Lakes, Oakland Park, Wilton Manors, and Fort Lauderdale. Further south and west in Broward, the team also serves clients in Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Plantation, Sunrise, Hollywood, and Davie.

Clients from neighboring Palm Beach County are served as well, including those in Boca Raton, Delray Beach, Boynton Beach, Highland Beach, Lake Worth, Palm Beach Gardens, and West Palm Beach. Whether the property is a single-family home near the Intracoastal, a commercial building, or an investment held by an out-of-state family, the firm handles local court appearances so owners in New York, New Jersey, and Connecticut can protect their interests without traveling for each hearing.

Speak With a Lighthouse Point Real Estate Attorney About Your Transaction or Dispute

If you are about to sign a contract, or if a closing, a title problem, or a co-owner has put your property at risk, a conversation with a Lighthouse Point real estate attorney at the Andrew M. Schwartz Legal Team can clarify where you stand before deadlines narrow your choices. Call to discuss your situation, and the firm will review the documents, explain the options available, and recommend the path that fits your goals and your budget.