Miramar Real Estate Attorney

Most people hunting for a Miramar real estate attorney want one of three things: to close a deal that is stalling, to get out of a property they co-own with someone they can no longer work with, or to clear a cloud off a title so they can sell or refinance. The Andrew M. Schwartz Legal Team handles real estate transactions and real estate litigation for owners, investors, landlords, and families in Miramar and across Broward County and Palm Beach County.

Miramar sits in the Seventeenth Judicial Circuit, which means disputes over contracts, titles, and co-owned property filed in Broward County land in front of judges who see these cases constantly. The questions that bring people to a real estate lawyer here tend to be concrete: a buyer or seller who will not close, a sibling who wants to sell a house the family inherited, a former business partner holding title to a building you helped pay for, or a tenant who has stopped paying.

The sections below cover the situations we handle most, the deadlines that can end a claim before it starts, and what to do in the first days of a dispute.

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

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s real estate and business disputes, serving clients in Miramar, Fort Lauderdale, Boca Raton, West Palm Beach, and throughout Broward and Palm Beach Counties. The team is led by founder Andrew M. Schwartz, who was admitted to The Florida Bar in 1989 and has spent 37 years in litigation. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. His practice has centered on contract disputes, business divorces, and conflicts between co-owners.

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 matter knows the file. Calls are answered, and when the attorneys are in court the firm keeps a strict 24 hour return call policy.

The firm’s trial record includes a 5-day bench trial in Broward County Circuit Court that ended in a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. That result matters for anyone whose deal has collapsed, because forcing a closing is exactly the kind of relief a stalled buyer or seller may need.

The team is also experienced in mediation and arbitration, and looks for the resolution that fits the client’s goals and budget rather than stretching a case out. Many clients live outside Florida, including in New York, New Jersey, and Connecticut. We handle the local court appearances so they do not have to travel for every hearing. A significant share of our work also comes from other attorneys who refer real estate and business disputes to us.

Real Estate Problems We Handle for Miramar Owners, Investors, and Landlords

• Failed Closings and Purchase Contract Disputes: A buyer backs out, a seller takes a better offer, or financing and inspection terms are argued over after the fact. Depending on the contract, the remedies can include damages or an order forcing the sale to go through.
• Partition Actions: When co-owners cannot agree to keep, sell, or divide a property, a Florida court can divide it or order it sold and split the proceeds. This comes up with siblings who inherited a home, unmarried couples, and investors who want out.
• Quiet Title and Title Disputes: Competing ownership claims, a recorded instrument that should not be there, or a deed that was never properly delivered can block a sale. A quiet title action asks the court to settle who owns the land and clear the cloud.
• Co-Owned Property Between Former Business Partners: A building or lot held by a company or by partners individually becomes the center of the fight once the business relationship ends, often alongside claims for an accounting or breach of fiduciary duty.
• Landlord and Tenant Disputes: Nonpayment, lease violations, and tenancy terminations all follow strict notice rules under Florida’s landlord-tenant statute, and a defective notice can set a case back.
• Commercial Lease and Loan Disputes: Disagreements over lease terms, personal guarantees, and loan documents often turn on exact contract wording and the history between the parties.
• Injunctions Protecting Property: When property is about to be sold, encumbered, or damaged during a fight, a temporary or permanent injunction can freeze the situation while the court decides.
• Heirs Property: Land passed down among relatives without a clear agreement is treated differently from ordinary co-owned property when it is partitioned, which can change whether it must be sold.

What to Do When a Miramar Property Dispute Starts

Start with paper. Pull the purchase contract, any amendments, the deed, closing statements, loan documents, leases, and every email or text that touches the deal. Disputes over real estate are won and lost on exact wording, and the other side will rely on what they can document.

Do not make things worse by acting on your own. Do not change locks, withhold funds, stop paying a shared mortgage, or record anything against the property without advice. Those moves can hand the other side a claim, and in a co-ownership fight, missing payments on a shared loan can damage both owners.

Watch the clock. Florida sets different limitation periods for different claims. A suit founded on a written contract generally must be filed within five years, while an oral or implied contract has four. A suit to rescind a contract has four years. Fraud runs four years from discovery, subject to an outer limit of 12 years. A claim for specific performance has just one year, which is the deadline that surprises people most. If you want a court to force a closing, waiting is dangerous.

For landlords, the notice is everything. A tenant who fails to pay rent after delivery of a written demand has three days, not counting Saturdays, Sundays, and court-observed legal holidays, before the landlord can terminate. For other curable lease violations, the notice must give the tenant seven days to fix the problem. If you accept partial rent after posting a notice, you must handle it properly, by giving a receipt that states the balance due, depositing the partial payment in the court registry, or posting a fresh notice, or you risk complications later.

On the court side, most Miramar real estate cases worth more than the county court limit are heard by the Seventeenth Judicial Circuit in Broward County. That circuit has complex business divisions that handle large business and construction litigation, and some cases can be filed directly into them under the circuit’s administrative procedures. Matters involving property in Palm Beach County are heard by the Fifteenth Judicial Circuit. Smaller claims go to county court, and the dollar ceilings for county court and small claims are adjusted periodically, so it is worth confirming where a particular claim belongs before filing. Federal cases can be brought in the Southern District of Florida, which holds court in Fort Lauderdale and West Palm Beach.

A call to a Miramar real estate lawyer early, before a deadline passes or a notice is sent, often costs far less than repairing a mistake later.

How Partition and Quiet Title Cases Work in Florida

Partition and quiet title are the two property-specific actions people most often misunderstand, so it helps to see how each one moves.

Partition actions are heard in chancery under Chapter 64 of the Florida Statutes. The complaint must describe the land, name the owners and where they live, and state what share each holds. If the court orders partition, it appoints three commissioners, chosen by the court unless the parties agree on them. The commissioners decide whether the land can be divided fairly. If it cannot be divided without prejudice to the owners, the court may order a public sale to the highest bidder and divide the proceeds by ownership share. A sale on credit is possible for good cause, but at least one-third of the purchase price must be paid at the outset unless everyone consents otherwise.

Inherited land gets special treatment. Florida’s Uniform Partition of Heirs Property Act applies to partition cases filed on or after July 1, 2020. Property qualifies as heirs property when it is held as tenants in common with no binding agreement on partition, at least one owner got title from a relative, and another listed condition applies, such as relatives holding 20 percent or more of the interests. For heirs property, the court cannot order a division in kind unless commissioners consider the statutory factors and find that dividing the land would prejudice the owners as a group. The practical effect is added protection against forced sales of family land.

A quiet title action under Chapter 65 asks the court to determine who holds title and to cancel a conveyance or other evidence of title held by someone who is not the rightful owner. It can be filed in any county where part of the land sits. The plaintiff generally must trace title back at least seven years unless the court orders otherwise. Where the claim rests on an allegedly fraudulent attempted conveyance, the statute provides for summary procedure and calendar priority.

Adverse possession is a related theory that comes up in boundary and abandoned-property fights. Florida requires seven years of continuous possession. Without color of title, the possession must be actual, exclusive, and under a claim of title, and the claimant must file a return with the property appraiser that includes a full legal description. With color of title, the instrument must be recorded in the county where the land lies. These are demanding standards, and a claim built on thin facts rarely succeeds.

Real Estate Questions Miramar Property Owners Ask

Can I force someone to close on a real estate contract in Florida?

In many cases, yes. A court can order specific performance of a real estate contract when the terms are clear and the party seeking relief was ready to perform. The firm won a final judgment of this kind after a 5-day bench trial in Broward County. The statute of limitations for this remedy is only one year, so speed matters.

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

A claim founded on a written contract generally has a five-year limit. An oral or implied contract has four years. Rescission also has four years, and fraud claims run four years from discovery, with a 12-year outer cap. Specific performance is the shortest, at one year.

My sibling and I inherited a house in Miramar and cannot agree. What can I do?

Either of you can ask a court for partition. If the property qualifies as heirs property, the court must follow special protective procedures rather than simply ordering a sale. Many of these disputes settle through a buyout or a negotiated sale before trial.

What does a quiet title action accomplish?

It asks the court to declare who owns the land and to remove competing claims or recorded instruments that cloud the title. It is useful before a sale or refinance when someone else’s claim is blocking the transaction.

Can a co-owner force the sale of property I want to keep?

A co-owner generally can file for partition, and the court may divide the property or order it sold. A buyout of the other owner’s share is a common way to keep the property and end the case.

How many days does a Florida landlord have to give for unpaid rent?

The notice gives the tenant three days after delivery, excluding Saturdays, Sundays, and court-observed legal holidays. If rent is not paid in that window, the landlord may terminate the rental agreement.

What if a landlord accepts partial rent after sending a notice?

Accepting partial rent does not waive the landlord’s right to terminate or sue, but the landlord must handle it correctly. That means giving a receipt stating the balance due, placing the payment in the court registry when filing, or serving a new notice reflecting the updated amount.

Which court handles a dispute over Miramar real estate?

Larger civil disputes over Broward County property go to the Seventeenth Judicial Circuit. Smaller claims go to county court, and the dollar limits are adjusted periodically. Property in Palm Beach County falls under the Fifteenth Judicial Circuit.

Does every property dispute have to end in a trial?

No. Many are resolved through negotiation, mediation, or arbitration. The firm’s attorneys have experience in all of these as well as in the courtroom, and they pursue whichever route best fits the client’s goals and budget.

I live out of state but own property in Miramar. Do I have to travel for hearings?

Not routinely. We regularly represent clients from New York, New Jersey, and Connecticut with South Florida interests, handling the local court appearances while keeping you informed at each stage.

Can a dispute with a former business partner involve our real estate?

Yes. When a business ends, the property the company owns or the partners hold jointly often becomes the main asset in dispute. Claims can include an accounting, breach of fiduciary duty, partition, and in urgent situations an injunction to stop the property from being sold or encumbered.

Serving Real Estate Clients Across Miramar and South Florida

We represent property owners in Miramar and the Broward County communities around it, including Pembroke Pines, Hollywood, Hallandale Beach, Davie, Weston, Cooper City, Plantation, Sunrise, Pembroke Park, West Park, and Fort Lauderdale. Our work extends north through Coral Springs, Parkland, Margate, Coconut Creek, Pompano Beach, and Deerfield Beach.

The team also serves clients throughout Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Lake Worth, Wellington, Palm Beach Gardens, Jupiter, and West Palm Beach. Whether the property is a single-family home, a rental building, a commercial parcel, or an investment shared with partners, the firm handles transactions and litigation across the region and for out-of-state owners with South Florida holdings.

Talk With a Miramar Real Estate Lawyer Before the Deadline Decides for You

If a closing has fallen apart, a co-owner is pushing for a sale, or a title problem is holding up your plans, a Miramar real estate lawyer can tell you what remedies are available and how fast you need to move. The Andrew M. Schwartz Legal Team brings 37 years of litigation experience, a team that knows your file, and a 24 hour return call policy. Call today to schedule a consultation and talk through your property dispute.