Palm Beach County Real Estate Attorney

A co-owner who stops paying, a buyer who will not close, a deed that surfaces with someone else’s name on it: real estate problems in Palm Beach County tend to arrive as a fight over a specific piece of land, and the clock on each kind of claim is different. The Andrew M. Schwartz Legal Team handles real estate transactions and litigation, business disputes, and injunctions for property owners, investors, and families across Palm Beach County and Broward County. If you are looking for a Palm Beach County real estate attorney, the first question is usually not “what are my rights” in the abstract but “which claim do I actually have, and how long do I have to bring it?”

That second question is where cases are won or lost before they start. Florida sets a one-year window for a suit seeking specific performance of a contract, five years for most claims founded on a written contract, and four years for claims founded on oral agreements or for rescission. A buyer who waits to see whether a seller will “come around” can lose the one remedy that actually delivers the property. The sections below cover the disputes that most often reach a Palm Beach County courtroom, how the courts handle them, and what to do in the first weeks.

Why Choose the Andrew M. Schwartz Legal Team for Palm Beach County Real Estate Disputes

The Andrew M. Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation and has practiced in Florida since being admitted to The Florida Bar in 1989. He holds an undergraduate degree from Emory University and a law degree from the University of Miami. The firm serves clients in Boca Raton, West Palm Beach, and Fort Lauderdale, and throughout Palm Beach County and Broward County, and it also represents clients from New York, New Jersey, and Connecticut who own property or business interests here.

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. The firm works as a true legal team, so everyone on a file knows it and can answer when you call, and it keeps a strict 24 hour return call policy when the lawyers are in court. Real estate disputes often depend on contract language and the history between the parties, and the firm prepares cases with that detail in mind.

The firm’s results include a 32-page final judgment from a Broward County circuit judge, entered after a five-day bench trial, awarding the firm’s client specific performance of a commercial real estate contract. A judgment forcing a sale to close, rather than awarding money in its place, is the outcome many buyers actually want and the hardest one to obtain. The attorneys are also experienced in mediation and arbitration, and they look for the resolution that fits the client’s goals and budget rather than prolonging a case for its own sake.

Common Real Estate Disputes Handled by a Palm Beach County Real Estate Lawyer

• Failed closings and purchase contract disputes: Buyers and sellers litigate over financing contingencies, inspection and due diligence periods, deposits, and a counterparty who refuses to perform. The remedy may be damages, return of a deposit, or an order compelling the sale to close.
• Partition actions: When co-owners cannot agree, any of them can ask the court to divide the property or order it sold and split the proceeds. These cases involve former business partners, siblings who inherited a home, unmarried couples, and investors who want out.
• Heirs property: Land held in common by relatives, often inherited without a clear agreement, is governed by a separate statutory framework that gives cotenants protections against a forced sale, including the right to buy out a cotenant who wants to leave.
• Quiet title and title disputes: Competing deeds, clouds on title, fraudulent conveyances, and disputed ownership claims can be resolved by a court judgment declaring who owns the land.
• Adverse possession claims: A person who occupies land for the statutory period under a claim of title may assert ownership, and an owner may need to defend against one or end an encroachment.
• Commercial and residential landlord-tenant matters: Nonpayment, lease defaults, termination notices, and holdover disputes involve strict notice rules that are easy to get wrong.
• Co-owner and business-held property: When an LLC or partnership owns the real estate, a dispute among the owners becomes both a company dispute and a property dispute, including claims over missing funds and fiduciary duty.
• Emergency injunctions affecting property: A court can be asked to stop a sale, a transfer, or interference with property while the underlying case is pending.

What to Do When a Palm Beach County Property Dispute Starts

Gather the paper before you do anything else. That means the signed contract and every amendment, the deed and any recorded instruments, the closing statement, loan documents, texts and emails with the other side, proof of payments, and for co-owned property, any operating agreement or written understanding among the owners. In real estate cases the outcome often turns on what the documents say and what the parties did afterward, so do not delete messages or rely on memory for who agreed to what.

Next, identify which clock is running. A claim to force a sale to close must be filed within one year. Most written-contract claims have five years, and oral-contract and rescission claims have four. A fraud claim runs four years from discovery, with an outer limit of twelve. A claim to recover possession of land generally requires that you or a predecessor held possession within the prior seven years. If you suspect a deed was forged or a title is clouded, delay can complicate the case.

Landlords and tenants face the shortest deadlines. For unpaid rent, a landlord must deliver a written demand, and the tenant has three days, not counting weekends or court-observed holidays, to pay or leave before the landlord may terminate. For other violations that can be cured, the notice gives seven days to fix the problem; for violations that cannot be cured, such as intentional property destruction, the notice gives seven days to vacate. A landlord who accepts partial rent does not give up the right to terminate, but must handle the payment correctly, either by giving a dated receipt noting the balance due, depositing the money with the court registry when filing, or serving a fresh notice for the new amount. Notices that miss these requirements can sink an eviction.

Where the case is heard depends on the claim and the amount. Palm Beach County’s circuit court, the Fifteenth Judicial Circuit, hears real property title, partition, and larger civil cases at the main courthouse in West Palm Beach, with additional courthouse locations serving the north, south, and western parts of the county. County court handles claims up to a statutory ceiling, and small claims is capped at a lower figure; both ceilings are adjusted over time. Broward County disputes go to the Seventeenth Judicial Circuit, which has a complex business division for larger business and construction litigation. Federal court sits in West Palm Beach and Fort Lauderdale when federal jurisdiction applies. A lawsuit to quiet title may be filed in any county where part of the land lies.

One mistake to avoid is a self-help remedy. Changing locks on a tenant, moving a co-owner’s belongings, recording a document you are not sure is valid, or draining a shared account can create claims against you. If assets or property are at risk of being sold, moved, or spent, ask early about emergency injunctive relief rather than after the transfer has closed.

Partition, Heirs Property, and Quiet Title in Florida Courts

Partition cases are filed in the court of equity, and the complaint must describe the land, identify each owner and where they live, and state each owner’s share. After a judgment of partition, the court appoints three commissioners, chosen by the parties if they agree, to determine whether the land can be divided fairly. If division would prejudice the owners, the court may order a sale at public auction and distribute the proceeds according to ownership shares. A sale on credit is possible for good cause, but at least one-third of the purchase price must be paid down unless everyone consents otherwise.

Property inherited by relatives is treated differently. Florida’s Uniform Partition of Heirs Property Act applies to cases filed on or after July 1, 2020. Property qualifies when it is held as tenants in common with no binding agreement governing partition, at least one cotenant acquired title from a relative, and another listed condition applies, such as twenty percent or more of the interests being held by relatives. Once the court finds the property is heirs property, it must follow the Act’s procedure unless every cotenant agrees otherwise. A court may order partition in kind only after finding that the statutory factors show a division would not prejudice the cotenants as a group, which makes forced sales harder for investors who buy a relative’s fractional share.

Quiet title actions resolve who owns land when competing claims exist. A plaintiff who claims legal or equitable title, or who asks the court to remove a conveyance or other evidence of title that clouds ownership, may file. Plaintiffs must generally trace title back at least seven years unless the court orders otherwise. When the dispute involves an attempted fraudulent conveyance, Florida law allows a summary procedure and calendar priority. Adverse possession is related but distinct. Without color of title, a claimant must show seven years of actual, continuous possession under a claim of title exclusive of others, and 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.

When Co-Owners Are Also Business Partners

A good share of Palm Beach County real estate disputes are really partnership disputes. Investors hold property through an LLC, a development stalls, one member stops contributing or takes money, and the property is stuck in the middle. Florida allows members and managers to seek judicial dissolution of an LLC on specific grounds, including deadlock that threatens irreparable injury, misappropriation or waste of assets, illegal conduct by those in control, or that carrying on the business in line with the operating agreement is no longer reasonably practicable. The court may appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member’s interest. If the operating agreement has a deadlock sale provision that is triggered before the court finds deadlock, that provision can take the place of dissolution.

Corporations have a parallel framework. A shareholder may seek dissolution on listed grounds, and the corporation or other shareholders may elect to buy the petitioner’s shares at fair value. If the parties agree on value and terms within 60 days after the first election is filed, the court enters an order directing the purchase. Within 30 days of the proceeding starting, the corporation must notify the other shareholders that they can avoid dissolution by electing to buy. Courts can issue injunctions and appoint a receiver to preserve assets while the case is pending.

Palm Beach County Real Estate Attorney FAQ

How long do I have to sue to force a seller to close?

A suit for specific performance must be filed within one year. That is shorter than the five-year period for most written-contract claims, so do not assume you have the longer window.

What is the deadline for a breach of a written real estate contract?

Five years for a claim founded on a written instrument, and four years for oral or implied contracts. The 2023 changes to the limitations statute shortened negligence claims but did not change the written-contract period.

Can one co-owner force the sale of a property in Florida?

Yes. Any co-owner may file a partition action. The court may divide the land if that can be done fairly or order a sale and distribute the proceeds by ownership share.

What if the property was inherited by several relatives?

Heirs property gets added protection. If the property qualifies, the court must apply the heirs property procedure, which favors buyouts among cotenants and limits forced sales, unless all cotenants agree to something else.

What does a quiet title action accomplish?

It produces a court judgment settling who owns the land and removing competing claims or instruments that cloud title. It can be filed in any county where part of the land is located.

Can someone take my land by adverse possession?

Only if they meet strict requirements, including seven years of actual, continuous, exclusive possession under a claim of title, plus a filing with the property appraiser. An owner who acts early can usually stop the clock.

Do I need an attorney to evict a commercial tenant in Palm Beach County?

Not legally required in every case, but notice defects are a common reason eviction cases fail. A defective three-day or seven-day notice can force the landlord to start over.

What happens if my landlord accepts partial rent after serving a notice?

The landlord keeps the right to terminate but must follow one of the statutory steps: give a dated receipt with the balance due, deposit the money with the court registry when filing, or serve a new notice for the reduced amount.

My co-owner is selling or encumbering our property without telling me. Can a court stop it?

A court can be asked for temporary or permanent injunctive relief to freeze a transfer or protect assets while the case is pending. Emergency relief is sought when waiting for a final judgment would let the harm happen first.

I live in New York or New Jersey. Can I handle a Palm Beach County property dispute from home?

Generally yes. The firm handles the Florida filings and court appearances and keeps out-of-state clients informed at each stage, so you do not have to travel for every hearing.

Is mediation realistic for a real estate dispute?

Often it is, especially for partition, co-owner buyouts, and contract disputes where both sides want to avoid an auction or a long trial. Mediation or arbitration can produce a faster and cheaper result, though some disputes need a court ruling.

Does a Broward County property need a different lawyer?

The same firm serves both counties. Palm Beach County cases are heard in the Fifteenth Judicial Circuit and Broward County cases in the Seventeenth, each with its own procedures, so familiarity with both is useful for investors who hold property in each.

Serving Real Estate Clients Across Palm Beach County and Beyond

Our work starts in Palm Beach County and reaches throughout it. We represent owners and investors in West Palm Beach, Palm Beach Gardens, Jupiter, Boynton Beach, Delray Beach, and Lake Worth Beach, along with Wellington, Royal Palm Beach, Greenacres, Riviera Beach, North Palm Beach, Juno Beach, Tequesta, Belle Glade, and the western communities along Lake Okeechobee. In the southern part of the county, our clients include owners in Boca Raton and the neighborhoods around it, where condominium, commercial, and investment property disputes are common.

The firm also serves neighboring Broward County, including Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Hollywood, and surrounding communities. Clients from New York, New Jersey, and Connecticut with property or business interests in South Florida work with us as well. Whether the dispute involves a single condo, a commercial parcel, or an LLC-owned portfolio, the firm brings the same attention to the contract, the title, and the people involved.

Talk With a Palm Beach County Real Estate Law Attorney

If a closing has collapsed, a co-owner is blocking a sale, or a title problem has turned up, a call early in the dispute can preserve options that disappear with time. The Andrew M. Schwartz Legal Team offers real estate litigation and transaction counsel across Palm Beach County, and a conversation with a Palm Beach County real estate law attorney can clarify which deadline applies and what remedy fits. Call the firm to discuss your property dispute and the best route toward resolving it.