Palm Beach County Business Attorney
The hardest business problems in Palm Beach County rarely come from strangers. They come from the person who co-signed the lease, held half the membership interests, or shared a Thanksgiving table with you. When that relationship cracks, the fight is less about winning an argument than about keeping the company, the property, and the money intact. The Andrew M. Schwartz Legal Team is a business litigation and real estate firm that handles transactions and disputes for owners, investors, and families across Palm Beach County and Broward County, and it is built for exactly that kind of problem as a Palm Beach County business attorney.
Some business disputes can wait for a negotiated exit. Others cannot. When a partner is moving money out of an account, locking the other owners out of operations, or threatening to sell a shared asset, the first weeks decide how much is left to fight over. Knowing which kind of dispute you have, and which deadlines are already running, shapes everything that follows.
Why Choose the Andrew M. Schwartz Legal Team as Your Palm Beach County Business Lawyer
The Andrew M. Schwartz Legal Team represents business owners, investors, and families in some of South Florida’s most contested business and real estate disputes, serving clients in West Palm Beach, Boca Raton, Fort Lauderdale, and throughout Palm Beach County and Broward County. Its core work is business divorce, partnership and LLC member disputes, complex contract litigation, partition actions, quiet title matters, and real estate litigation, along with outside general counsel services for companies that want a litigator involved before a dispute starts.
Andrew M. Schwartz, the firm’s Founder, was admitted to The Florida Bar in 1989, has spent 37 years in litigation, and has built his career around contract disputes and conflicts between partners, LLC members, and shareholders. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. Sundeep Nath, Senior Counsel, is a Northwestern-trained litigator with years of experience in business and real estate cases in both state and federal courts. That federal experience matters in South Florida, where some disputes end up before the U.S. District Court for the Southern District of Florida, which sits in West Palm Beach and Fort Lauderdale.
Recent results show the kind of work the firm does. After a five-day bench trial in Broward County, the Circuit Court issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. Winning an order that forces a deal to close is a different skill from collecting damages afterward, and it depends on thorough trial preparation and careful reading of the contract.
The firm practices as a true legal team, so everyone working on a matter knows the file. There is a strict 24 hour return call policy when attorneys are in court, and scheduled conference calls are arranged at times that work for everyone. 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 stretching a case out. Many clients arrive through referrals from other attorneys, including out of state lawyers whose clients have disputes in Florida.
Business Disputes a Palm Beach County Business Attorney Handles
- Business Divorce: Co-owners who can no longer work together face deadlocked management, buyout negotiations, valuation fights, and sometimes judicial dissolution. The outcome may be a negotiated buyout, a sale, a structured wind-down, or a court-supervised process.
- Operating and Shareholder Agreement Breaches: Many disputes turn on what the agreement actually says about voting, transfers, distributions, and exits. These cases are won or lost on precise wording and on the history of how the owners behaved.
- Breach of Fiduciary Duty: Managers, majority members, and controlling shareholders owe duties to the company and to minority owners. Claims arise when someone self-deals, freezes out a minority owner, or runs the business for personal gain.
- Missing Funds and Accounting Claims: Unpaid distributions, commingled accounts, disputed capital contributions, and partners who cannot explain where company money went all call for an accounting and, in urgent cases, emergency relief.
- Complex Contract Litigation: Purchase agreements, commercial leases, loan documents, and construction contracts generate high-value disputes, from failed closings to unpaid obligations and interpretation fights.
- Partition and Title Disputes: Co-owners of real estate, whether former business partners, heirs, unmarried couples, or investors, can ask a court to divide or sell the property. Quiet title actions clear competing ownership claims and remove clouds on title.
- Injunctions: Temporary and permanent injunctions, including emergency relief, can freeze assets, halt a sale, or stop conduct that would cause damage a final judgment could not repair.
- Family Business Disputes: Siblings who inherited a company, parents and children with different visions, and in-laws sharing ownership face the same questions about control and compensation, with relationships at stake alongside money.
What to Do in the First Weeks of a Palm Beach County Business Dispute
Start by getting the documents in one place: the operating agreement or shareholder agreement, articles of organization or incorporation, bank and accounting records, tax filings, leases, loan papers, and the emails and texts that show how the owners actually dealt with each other. If you are an owner, you generally have a right to company records, and securing copies early prevents arguments later about what existed. Do not delete anything, and do not move or spend company money in ways you cannot explain, because both sides’ conduct gets examined.
Next, check whether your agreement already contains an exit mechanism. Some operating and shareholder agreements include buyout, expulsion, or deadlock sale provisions, and Florida law gives these provisions real weight. For an LLC, a deadlock sale provision that is started before a court finds grounds for deadlock dissolution can take the place of a judicial dissolution order. For a corporation, a shareholder’s right to start a deadlock sale under a compliant shareholder agreement survives the filing of a dissolution suit on certain grounds. Starting a lawsuit without reading the agreement can waste a faster, cheaper route or trigger a clause you did not know was there.
Pay attention to the clock. In Florida, a lawsuit on a written contract must generally be filed within five years, while an oral or implied contract claim has four years. Fraud claims run four years from discovery, with an outer cap of 12 years. An action for specific performance, the remedy that forces a deal to close, has only one year, which catches many real estate buyers and sellers off guard. Negligence claims were cut from four years to two for causes of action arising after March 24, 2023, and professional malpractice claims also run two years from discovery. These periods do not change just because you are negotiating, so a dispute that drags on without a tolling agreement can quietly expire a claim.
Where is the case filed? In Palm Beach County, claims above the county court ceiling are heard in the Circuit Court of the Fifteenth Judicial Circuit, with the main courthouse in West Palm Beach and additional courthouses in Palm Beach Gardens, Delray Beach, Royal Palm Beach, and Belle Glade. Smaller claims go to county court, and the dollar line between them is adjusted periodically, so confirm the current amount before filing. Many partner disputes also have a Broward County connection; Broward is part of the Seventeenth Judicial Circuit, which has a complex business division that handles matters such as the dissolution of certain business entities and large business and construction cases. Federal court is a possibility when the parties are from different states and the amount at stake qualifies, which is common when a South Florida business has out of state owners.
The most common mistake is waiting while a partner keeps acting. If assets are being moved, a property is about to be sold, or the business is being starved of cash, speak with an attorney before the damage is done. An injunction request lets a court preserve the status quo while the dispute is resolved. The second most common mistake is threatening a lawsuit in writing before understanding your own exposure; messages sent in anger often end up as exhibits.
How Florida Law Ends Business Partnerships and Co-Ownership
When owners cannot agree on whether the company continues, Florida law offers court-supervised routes. For an LLC, a manager or member can seek judicial dissolution on several grounds: the company’s affairs are being conducted unlawfully, it is not reasonably practicable to carry on the business under the operating agreement, controlling managers or members are acting or are expected to act illegally or fraudulently, assets are being misappropriated or wasted to the company’s injury, or managers or members are deadlocked and irreparable injury to the company is threatened or occurring. The court can also appoint a receiver or custodian after a hearing, or order the purchase of the petitioning member’s interest.
Corporations follow a parallel framework. A shareholder may seek dissolution on specified grounds, and once such a proceeding begins, the corporation must notify the other shareholders within 30 days that they can avoid dissolution by electing to purchase the petitioner’s shares at fair value. If the parties agree on fair value and terms within 60 days after the first election is filed, the court enters an order directing the purchase on those terms. An election to purchase is irrevocable unless the court finds it equitable to set it aside or modify it. During the case, courts can issue injunctions, appoint a receiver or custodian, and take other steps to preserve corporate assets. Valuation is usually the heart of the fight, and it is where financial records, expert analysis, and the agreement’s own pricing language matter most.
Shared real estate has its own path. A partition action, which is filed in chancery, asks the court to divide the property among co-owners or, when division would prejudice them, to order a sale at public auction with proceeds split in proportion to ownership. The court appoints three commissioners to evaluate whether the land can fairly be divided. Special rules apply to heirs property, defined in part by tenancy in common, relatives who acquired title, and conditions such as 20 percent or more of the interests being held by relatives; those cases are governed by the Uniform Partition of Heirs Property Act, which adds protections such as a buyout opportunity for other cotenants before a forced sale. Quiet title actions, by contrast, ask a court to determine ownership and cancel a competing claim or cloud on title; plaintiffs generally must trace title back at least seven years unless the court orders otherwise, and the action can be filed in any county where part of the land lies.
Landlord and tenant disputes are another common commercial and residential issue in Palm Beach County. Under Florida’s residential statute, a landlord can terminate for unpaid rent after a three-day written demand, excluding weekends and court-observed legal holidays. Incurable violations allow a seven-day notice of intent to terminate, and curable violations require a seven-day opportunity to correct. Accepting partial rent can complicate a landlord’s position unless the proper steps are followed. Commercial leases are governed mostly by their own terms, which is why the lease text matters so much.
Palm Beach County Business Attorney FAQ
What is a business divorce?
A business divorce is the separation of co-owners of a company, whether partners, LLC members, or shareholders. It can end in a negotiated buyout, a sale of the business, a structured wind-down, or court-ordered dissolution if the owners cannot agree.
Can I force a business partner out of my LLC?
It depends on your operating agreement and the conduct involved. Many agreements include buyout, expulsion, or dissociation provisions, and Florida law provides court remedies when a member has engaged in serious misconduct or the company can no longer function. An attorney should read your agreement before you take any step.
What should I do if a partner is taking money from the company?
You may have claims for breach of fiduciary duty, an accounting, conversion, and recovery of the funds. If assets are at risk of being moved or spent, a court can issue injunctive relief to preserve them while the case proceeds. Gather bank statements and ledgers early and avoid retaliating by taking company funds yourself.
How long do I have to sue for breach of contract in Florida?
A claim on a written contract generally must be filed within five years, and an oral or implied contract claim within four. A suit to rescind a contract has four years. A specific performance action, which seeks to compel completion of a deal, has just one year.
When is a court-ordered dissolution of an LLC available?
Florida law lists grounds, including unlawful conduct of the company’s affairs, impracticability of operating under the agreement, illegal or fraudulent conduct by those in control, misappropriation or waste of assets, and a deadlock that threatens irreparable injury. The court may also appoint a receiver or order a buyout in place of dissolution.
What happens in a partition action?
The court determines each owner’s share and appoints commissioners to assess whether the land can be divided fairly. If not, the property can be sold at auction and the proceeds divided in proportion to ownership. Heirs property gets additional protections under a separate statutory framework.
Can a business dispute be resolved without a trial?
Often, yes. Negotiation, mediation, and arbitration resolve many disputes, particularly when owners still want the business to survive. The attorneys at the firm are experienced in mediation and arbitration as well as courtroom litigation and pursue the route most likely to meet your goals.
Do I need a lawyer if my dispute is under the county court limit?
Smaller claims can often be handled in county court, and very small ones in small claims court. Whether a lawyer is worth the cost depends on what else is at stake, such as a continuing business relationship, a contract with ongoing obligations, or a counterclaim that could expand the case.
What does a quiet title action accomplish?
It asks a court to decide who owns a piece of property and to cancel a competing deed or claim that clouds title. It is used when ownership is contested, when a conveyance is questionable, or when someone needs to be cleared from title.
I live in New York, New Jersey, or Connecticut. Can you handle my Palm Beach County dispute?
Yes. The firm regularly represents clients from those states who have business partners, investment property, or shared real estate in South Florida. The firm handles local court appearances and keeps you informed so you do not have to travel for every hearing.
Can adverse possession affect a property I co-own or inherited?
Possibly. Florida law requires seven years of continuous, exclusive possession under a claim of title, with specific filing requirements, and a lawsuit to recover real property generally requires that the plaintiff or a predecessor held possession within seven years before filing. If someone else has been occupying or claiming your property, review the situation promptly.
Do I need outside general counsel before a dispute starts?
Many companies do. Through the firm’s general counsel program, the firm acts as the company’s registered agent and helps with contract, compliance, and operational questions. Catching problems at the drafting stage often prevents a disagreement from becoming a lawsuit.
Serving Business Clients Across Palm Beach County and Beyond
The firm represents business owners, investors, and families throughout Palm Beach County, from West Palm Beach and Palm Beach Gardens to Jupiter, Delray Beach, and Boynton Beach. It also serves clients in Boca Raton, Lake Worth, Wellington, Royal Palm Beach, Greenacres, and Belle Glade, as well as Riviera Beach, North Palm Beach, Palm Beach Shores, Juno Beach, and Lantana. Because so many business relationships here cross county lines, the firm also works across neighboring Broward County, including Fort Lauderdale, Deerfield Beach, Coral Springs, Pompano Beach, and Hollywood.
Many clients live elsewhere but own businesses, investment property, or a share of real estate in Palm Beach County and Broward County. The firm regularly represents clients from New York, New Jersey, and Connecticut whose partners or co-owners are in South Florida, handling the court appearances locally so out of state owners can protect their interests without constant travel.
Speak With a Palm Beach County Business Law Attorney
If a partner, co-owner, or counterparty is putting your company, your investment, or your property at risk, a conversation with a Palm Beach County business law attorney can clarify your options before deadlines or damage close them off. The Andrew M. Schwartz Legal Team returns calls within 24 hours and will give you a straight assessment of where you stand. Call today to schedule a consultation.