Miramar Real Estate Litigation Attorney

The Andrew M. Schwartz Legal Team represents property owners, investors, landlords, and co-owners in Miramar and across Broward County who are caught in disputes over land, buildings, and the contracts behind them. As a Miramar real estate litigation attorney team, we handle failed closings, purchase and sale contract fights, partition actions, quiet title cases, and commercial and residential landlord and tenant disputes, and we serve clients throughout Palm Beach County as well.

Real estate disputes run on clocks. A buyer who wants a seller held to a signed contract has one year to sue for specific performance. A buyer who wants money damages on a written contract has five. Co-owners who sit still while someone else lives on, rents out, or sells a property can find their position weakening. The first decisions you make, often within days, shape what options remain.

Most Miramar disputes fall into a few patterns: a closing that collapsed and each side blames the other, a property inherited by siblings who cannot agree, a business partnership that owns real estate and is breaking apart, or a title problem that surfaces only when someone tries to sell or refinance. Each calls for a different remedy and a different court strategy.

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

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Miramar, Fort Lauderdale, Boca Raton, West Palm Beach, and the rest of Broward and Palm Beach Counties, along with clients from New York, New Jersey, and Connecticut who hold property or business interests in South Florida. Founder 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 practices as a true legal team, so everyone working 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. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that fits the client’s goals and budget rather than stretching a case out for its own sake.

Real estate trial work is where this experience shows. After a 5-day bench trial in Broward County Circuit Court, the court issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. Winning that kind of remedy takes careful attention to the contract language, the history of the parties’ dealings, and the deadlines that govern the claim.

Many of our clients own Miramar property from out of state. We handle the local court appearances so they do not have to travel for every hearing, and a significant part of our practice comes from referrals by other attorneys, including out of state lawyers whose clients have disputes in Florida.

Real Estate Disputes We Litigate for Miramar Property Owners

• Failed Closings and Purchase Contract Disputes: A buyer who wants the property can sue to force the sale; a seller or buyer who wants out may be fighting over deposits, financing contingencies, or alleged breaches. The claim type determines the deadline, so choosing the right remedy early matters.
• Specific Performance Claims: Real property is treated as unique, which is why courts can order a seller to convey it. The limitations period for this remedy is short, one year, so waiting to see whether the other side comes around can cost you the claim.
• Partition Actions: When co-owners cannot agree, a court can divide the property or order it sold and split the proceeds. This comes up among former business partners, siblings, unmarried couples, and investors who want out of a shared purchase.
• Heirs Property: Land held in common by relatives who inherited it is subject to special partition protections. If the property qualifies, the court must follow the heirs property procedures unless all co-owners agree otherwise, which affects how a forced sale can proceed.
• Quiet Title and Title Disputes: Competing ownership claims, a questionable deed, or a lien or conveyance that clouds title can block a sale or refinance. A quiet title action asks the court to determine ownership and remove the cloud.
• Landlord and Tenant Disputes: Commercial and residential lease conflicts, nonpayment, lease violations, and terminations are governed by strict notice rules, and a defective notice can derail an eviction.
• Business Partners Who Own Real Estate: When an LLC or corporation holds the property and the owners are deadlocked, the real estate fight and the business divorce are one case. Judicial dissolution, a buyout, or a court-supervised sale may all be on the table.
• Missing Funds and Misused Property Proceeds: Rents, deposits, and sale proceeds sometimes go to one owner or manager and never reach the others. Claims for an accounting and breach of fiduciary duty, plus emergency injunctions, can freeze assets while the case proceeds.

What to Do in the First Weeks of a Property Dispute

Start by pulling every document. Signed contracts, addenda, deeds, closing statements, leases, emails, texts, wire confirmations, and any notice sent or received. Real estate cases turn on paper, and the written record usually decides what the parties actually agreed to.

Next, identify the claim and its clock. A claim on a written contract has five years. An oral or implied contract claim has four. A fraud claim runs four years from discovery, with an outer limit of twelve. Specific performance has one. Negligence-based claims now have two years for causes of action that accrued after the March 2023 change. These are different periods for different theories, and the facts of your dispute often support more than one theory.

Do not take self-help action you cannot undo. Changing locks, withholding rent without following the statute, recording documents you cannot support, or selling your interest informally can hand the other side a counterclaim. Florida’s landlord and tenant statute requires specific written notices. For unpaid rent, a three-day demand that excludes weekends and court holidays. For a curable lease violation, a notice giving seven days to fix it. For violations that cannot be cured, a seven-day notice to vacate. If a landlord accepts partial rent after posting a nonpayment notice, the landlord must follow the statute’s receipt, registry, or new-notice options, though accepting partial rent does not by itself waive the right to terminate.

If money or property is being moved, say so early. Where an owner is draining accounts, encumbering the property, or preparing a quick sale, emergency injunctive relief may be available. Courts expect a clear showing, so evidence of the transfers matters.

Know where the case will be heard. Miramar sits in Broward County, whose civil cases go to the Seventeenth Judicial Circuit. Disputes above the county court ceiling go to circuit court, and large business and real estate matters can be routed into the circuit’s complex business division through the filing process the circuit has adopted, with the clerk randomly assigning the division. Cases involving diverse parties may belong in the federal Southern District of Florida, which holds court in Fort Lauderdale and West Palm Beach. Where you file, and how you plead it, can change timing and cost significantly.

Finally, talk to a litigator before you answer a demand letter, before you sign anything, and before you stop paying on a contract. The way a response is written can narrow or preserve your options.

Partition, Quiet Title, and Adverse Possession in Florida

Partition is a chancery proceeding. 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. If the commissioners report that dividing the land would harm 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 price must be paid down unless everyone consents. For heirs property, a partition in kind requires the court to be satisfied that the commissioners weighed the statutory factors and found that dividing the land would prejudice the co-owners as a group.

Quiet title actions let a person claiming legal or equitable title ask the court to settle ownership and cancel conveyances or evidence of title that create a cloud. The plaintiff generally must trace title back at least seven years before filing, unless the court orders otherwise, and the case may be filed in any county where part of the land lies. Where the dispute arises from a fraudulent attempted conveyance, the statute provides a summary procedure and directs the court to move the case up on its calendar.

Adverse possession is a related question owners often raise when someone has occupied property for years. Florida requires seven years of continuous possession, with additional requirements depending on whether the claim rests on color of title, including recording of the instrument. A claimant without color of title must meet the statute’s requirements, including a filing with the property appraiser that contains a full legal description. Because the claim can be defeated by an owner who was in possession within the seven years before suit, documenting your own possession and use matters.

When Co-Owners Are Also Business Partners

Real estate is often held through an LLC or corporation, and the dispute becomes a question of company governance. For an LLC, a member or manager can seek judicial dissolution when owners are deadlocked and irreparable injury to the company is threatened or occurring, when assets are being misappropriated or wasted, when it is not reasonably practicable to operate under the operating agreement, or when controlling members are acting illegally or fraudulently. The court can appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member. If the operating agreement has a deadlock sale provision, and it is initiated before the court finds deadlock, that provision can control instead of a dissolution order.

For corporations, a shareholder can seek judicial dissolution on statutory grounds, and the corporation or other shareholders may elect to buy out the petitioner at fair value. If the parties agree on value and terms within 60 days of the first election, the court enters an order on those terms, and the election is irrevocable unless the court finds it equitable to modify it. The corporation must notify the other shareholders within 30 days that they can avoid dissolution by electing to purchase. During the case, the court can issue injunctions, appoint a receiver or custodian, and preserve assets.

Miramar Real Estate Litigation FAQ

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

For a written contract, five years. For an oral or implied contract, four. If you want a court to order the sale completed through specific performance, the period is one year. Because the periods differ by remedy, the safest course is to speak with an attorney well before the shortest one expires.

Can I force a seller to close on a property?

Possibly. Courts treat real property as unique and can order specific performance when the contract is valid, the buyer was ready and able to perform, and the seller refused. The remedy has a one-year limitations period, and the buyer’s own performance will be closely examined.

What is a partition action and when is it used?

It is a court proceeding that ends a co-ownership. The court can divide the land physically or order it sold and the proceeds split by ownership share. It is used by siblings who inherited property, former partners, unmarried couples, and investors who disagree about holding or selling.

Can one co-owner be forced to sell?

Yes, in a partition action the court can order a sale when dividing the property would harm the owners. Special rules apply to heirs property, which add protections for relatives who inherited land together.

What is a quiet title action?

It is a lawsuit asking the court to declare who owns the property and to cancel deeds or other documents that cloud title. It is often needed to sell or refinance when competing ownership claims exist.

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

Florida’s statute sets the procedure for residential tenancies. Unpaid rent requires a written three-day demand, not counting weekends and court holidays. Other curable violations require seven days to cure. Some violations cannot be cured and allow a seven-day notice to vacate. A defective notice can sink an eviction case.

Does accepting partial rent mean a landlord gave up the right to evict?

Not automatically. The landlord does not waive the right to terminate by accepting partial rent, but must follow the statute by giving a receipt with the balance due, depositing the partial payment in the court registry when filing, or serving a new notice for the reduced amount.

Which court would hear my case if I live in New York or New Jersey?

If the property or the defendants are in Broward County, the case is typically in the Seventeenth Judicial Circuit, or in federal court in the Southern District of Florida if federal jurisdiction exists. Our team handles the local appearances, so out of state owners are not required to attend every hearing.

What if my business partner is selling or mortgaging company property without my approval?

You may have claims for breach of fiduciary duty, breach of the operating or shareholder agreement, and an accounting. Where the risk is immediate, a court can issue temporary injunctive relief to stop transfers while the dispute is resolved. Gather the deeds, bank records, and any communications showing the transaction.

Is it worth hiring a litigator for a smaller property dispute?

Often, yes, especially when the issue is title, a deposit, or a co-ownership split with long-term consequences. Claims at the lower end can be heard in county court, and an early attorney review can help you decide whether negotiation, mediation, or filing suit makes the most sense for the amount at stake.

How long does a real estate case take in Broward County?

It depends on the claim, whether it is contested, and the court’s calendar. Emergency injunction matters move in days or weeks, while a full trial like a specific performance case can take far longer. Cases that settle at mediation can resolve much sooner, and we pursue the path that serves the client’s goals and budget.

Serving Real Estate Litigation Clients in Miramar and Across South Florida

We represent property owners in Miramar and neighboring Broward County communities including Pembroke Pines, Hollywood, Hallandale Beach, Davie, Weston, Cooper City, Southwest Ranches, Pembroke Park, West Park, Plantation, Sunrise, Lauderhill, Coral Springs, and Fort Lauderdale. Our work extends north through Deerfield Beach and Pompano Beach into Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, and West Palm Beach.

Many of our clients live elsewhere. Owners in New York, New Jersey, and Connecticut with investment property, inherited land, or a partner in South Florida work with us to resolve contract, title, and partition disputes without traveling for each appearance. Whether the case belongs in Broward County Circuit Court, Palm Beach County Circuit Court, or the federal Southern District of Florida, we prepare it with the same attention to the documents and the deadlines.

Speak With a Miramar Real Estate Litigation Attorney Today

If a closing has collapsed, a co-owner is blocking a sale, a title problem has surfaced, or a partner is moving property or money, call the Andrew M. Schwartz Legal Team to discuss your situation. As a Miramar real estate litigation attorney team, we will review the documents, identify the claims and deadlines that apply, and recommend whether negotiation, mediation, or filing suit is the right route. Reach out today to schedule a consultation.