Palm Beach Gardens Real Estate Attorney

A closing that collapses a week before the date, a co-owner who wants a property sold when you do not, a recorded deed that clouds your title: real estate problems in the northern part of Palm Beach County tend to involve a lot of money and very little time. The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Palm Beach Gardens, the rest of Palm Beach County, and neighboring Broward County, and a Palm Beach Gardens real estate attorney from our team handles both the transactional side of property deals and the courtroom side when they go wrong.

The stakes in a property dispute are rarely abstract. A buyer who loses a commercial parcel because the seller walked away needs a lawyer who knows that specific performance is a real remedy and that the window to ask for it is short. A sibling who inherited a home alongside two relatives needs to know how a Florida court actually divides or sells it. An investor holding title with a former partner needs to understand what a partition or quiet title case will cost in time and money before choosing between suing and negotiating. The right move depends on the contract language, the recorded documents, and the deadlines that apply to your claim.

Our work in this area covers purchase and sale contracts, failed closings, landlord and tenant disputes, partition actions, title disputes, and the emergency relief that sometimes has to be sought before a property is sold or encumbered out from under you. Many of our clients are business owners and investors whose real estate is tied to a company, which means a property fight often comes bundled with an ownership fight.

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

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s most difficult business and real estate disputes, serving clients in Palm Beach County, Broward County, and throughout South Florida, along with clients from New York, New Jersey, and Connecticut who hold property or business interests here. Founder Andrew M. Schwartz 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, and his career has been built around complex contract disputes, conflicts between co-owners, and real estate litigation.

He is joined by Senior Counsel Sundeep Nath, a Northwestern-trained litigator with years of experience handling business and real estate cases in both state and federal courts. The firm works as a true legal team, so everyone assigned to your matter knows the file, and a strict 24 hour return call policy applies when the attorneys are in court or otherwise tied up.

The firm’s trial record is relevant here. After a five-day bench trial, a Broward County circuit judge issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. That result reflects the kind of work real estate litigation actually requires: reading a contract closely, reconstructing the history of the parties’ dealings, and presenting it to a judge in detail. No attorney can guarantee an outcome, but that is the level of preparation we bring to a case.

Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and Andrew Schwartz’s approach is to act as the situation requires and use finesse when finesse will do. Property disputes often settle well when the other side understands you are prepared to try the case, and we look for the resolution that fits your goals and your budget rather than stretching a case out for its own sake. We also take referrals from other attorneys, including out of state lawyers whose clients own Florida property and Florida lawyers who do not handle real estate litigation, and we handle local court appearances so out of state clients do not need to travel for every hearing.

Real Estate Problems We Handle for Palm Beach Gardens Property Owners

• Failed Closings and Contract Breaches: When a buyer or seller refuses to close, the options include damages, rescission, or a lawsuit forcing the sale to go forward. Specific performance carries a one-year limitations period under Florida law, so waiting to see whether the other side will come around can cost you the remedy.
• Purchase and Sale Contract Disputes: Disagreements over deposits, inspection and financing contingencies, closing conditions, and default provisions usually turn on the exact wording of the contract and what the parties said and did afterward.
• Partition Actions: Florida’s partition statutes let a co-owner ask the circuit court to divide jointly owned land or, when division is not practical, to order a sale and split the proceeds. Common scenarios include former business partners, heirs who inherited together, and unmarried couples who bought a home jointly.
• Quiet Title and Title Disputes: A person holding a deed, recorded instrument, or competing claim can cloud your ownership. Florida’s quiet title statute lets the court determine who owns the land and cancel evidence of title held by someone who is not the rightful owner.
• Adverse Possession Claims: Someone who has occupied land openly for seven years under a claim of title may assert ownership, and Florida imposes specific filing and tax requirements on such claims. Owners need to know how to respond before the period runs.
• Landlord and Tenant Disputes: Nonpayment notices, termination notices, partial rent acceptance, and claims by tenants over landlord failures are each governed by notice rules in Chapter 83 that are easy to get wrong.
• Property Held Through an LLC or Partnership: When real estate sits inside a company and the owners fall out, the property fight and the ownership fight have to be resolved together, sometimes through judicial dissolution or a buyout.
• Emergency Injunctions: When a co-owner or counterparty is about to transfer, encumber, or damage a property while the case is pending, we seek temporary or permanent injunctive relief to preserve it.

What to Do Right Now if You Are in a Property Dispute Near Palm Beach Gardens

Start with the paper. Gather the signed contract, every amendment and addendum, the deed, any title commitment or policy, the closing statement, and all texts and emails with the other side. In real estate disputes the written record usually decides the case, and the sooner it is organized, the sooner a lawyer can tell you whether you have a claim worth pursuing. Do not sign anything new, accept a revised deal, or make an unrecorded side agreement before someone has reviewed it.

Next, identify which clock is running. A claim founded on a written contract generally has a five-year limitations period, while a claim on an oral or implied agreement has four. An action to rescind a contract has four years, and a suit for specific performance has just one. Fraud claims run four years from discovery, with an outer limit of 12 years. These deadlines apply to claims arising after the 2023 amendments to the statute, which shortened the negligence period to two years but left the contract periods alone. If your dispute involves a lawyer, surveyor, or other professional whose error caused the problem, a two-year period running from when you discovered or should have discovered the error may apply. Do not assume you have time.

If you are a landlord, be careful with notices. For unpaid rent, Florida law allows termination if the tenant stays in default for three days after written demand, not counting weekends and court holidays. For other violations that can be cured, the notice must give the tenant seven days to fix the problem, and certain serious violations carry a seven-day notice with no chance to cure. Accepting partial rent after posting a notice does not waive your right to proceed, but you must handle it properly, either by giving a receipt, depositing the money with the court registry when you file, or serving a new notice for the reduced balance. A defective notice can force you to start over.

On the court side, disputes over real property in Palm Beach County are filed in the Fifteenth Judicial Circuit. Claims above the county court ceiling go to the circuit court, and the North County Courthouse in Palm Beach Gardens is one of the Clerk’s locations, though filings and assignments depend on the case type and division. Quiet title complaints can be filed in any county where part of the land sits, and Florida’s partition statutes place partition actions in the circuit court’s equity jurisdiction. If the property or the defendants are in Broward County, the Seventeenth Judicial Circuit handles the case, which also has a complex business division for certain large commercial disputes. Federal court in West Palm Beach or Fort Lauderdale may be available when the parties or claims support it.

The most common mistakes are waiting too long, relying on a verbal promise, and moving out or giving up possession before the legal position is clear. If a co-owner or counterparty threatens to sell, mortgage, or strip the property, tell your lawyer immediately, because emergency relief is only useful if it is sought before the harm is done.

How Partition and Quiet Title Cases Actually Work in Florida

A partition complaint must describe the land, name the owners and where they live, and state what share each person holds. Once the court enters a judgment of partition, it appoints three commissioners, chosen by the court unless the parties agree on who they should be. The commissioners decide whether the property can be divided fairly. If they report that division would prejudice the owners, the court may order the property sold at public auction, and the proceeds are split in proportion to each owner’s interest. A sale on credit is possible for good cause, but at least one-third of the price must be paid up front unless everyone consents otherwise.

Inherited property gets special treatment. Florida’s Uniform Partition of Heirs Property Act applies to partition actions filed on or after July 1, 2020, and it covers land held as tenants in common where no binding agreement governs partition, at least one cotenant got title from a relative, and another statutory condition is met, such as relatives holding twenty percent or more of the interests. When the property qualifies, the court must follow the heirs property procedures unless all cotenants agree otherwise, and a partition in kind cannot be ordered unless the commissioners have weighed the statutory factors and found that dividing the land would prejudice the owners as a group. The result often differs sharply from an ordinary partition, so identifying whether your property qualifies is one of the first questions we ask.

Quiet title cases require the plaintiff to trace ownership back at least seven years before filing, unless the court orders otherwise. The court can cancel a conveyance or other evidence of title held by someone who is not the true owner, and where the dispute grows out of an attempted fraudulent conveyance, the statute provides for a summary procedure and calendar priority. These cases are often the cleanup step after a partnership collapse, a botched transfer, or a series of competing recorded documents.

Frequently Asked Questions About Real Estate Disputes in Palm Beach Gardens

What does a real estate attorney do besides review contracts?

A real estate attorney handles transactions, such as drafting and negotiating purchase agreements and managing closings, and also litigates disputes over failed closings, title, co-ownership, and landlord and tenant issues. Our team does both, which is useful because a litigator reviewing a contract before signing often spots the clause that would cause trouble later.

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

For a claim founded on a written contract, Florida allows five years. Oral or implied agreements get four years. A suit asking the court to order the seller to complete the sale, called specific performance, must be filed within one year, so that deadline usually controls when the remedy you want is the property itself.

Can a court force a seller to complete a sale?

Yes. Because every parcel of land is considered unique, Florida courts can order specific performance of a real estate contract. We have obtained that relief for a client in a commercial real estate case after a five-day bench trial in Broward County, though each case depends on its own contract and facts.

My co-owner wants to sell and I do not. What happens?

Any co-owner can ask the circuit court for partition. The court may divide the land if that is practical, or order it sold at public auction and divide the proceeds by ownership share. Negotiated buyouts are often possible before it gets that far, and a lawyer can help you evaluate a fair price.

What is a quiet title action?

It is a lawsuit asking the court to declare who owns a piece of land and to remove competing claims or cancel documents that cloud title. The plaintiff must show ownership traced back at least seven years unless the court orders otherwise.

Can someone take my land by adverse possession in Florida?

It is possible but difficult. Without color of title, the claimant must show actual, continuous possession for seven years under a claim of title, and must file a return with the property appraiser that includes a full legal description. With color of title, the recorded instrument matters too. Owners who learn of a possible claim should act promptly.

What happens if my business partner and I own property together and the partnership is falling apart?

The real estate and the company usually have to be resolved together. Depending on how title is held, options include a negotiated buyout, partition, or judicial dissolution of the entity. A court may appoint a receiver or custodian, order a buyout of a petitioning owner, or issue injunctions to protect assets while the case proceeds.

How does a landlord properly end a tenancy for nonpayment?

The landlord serves a written demand for payment or possession. If the default continues for three days after delivery, excluding Saturdays, Sundays, and court-observed holidays, the landlord may terminate the rental agreement and seek possession. Mistakes in the notice are a common reason these cases get delayed or dismissed.

If a landlord accepts part of the rent, is the eviction ruined?

Not automatically. Accepting partial rent does not waive the right to terminate or sue, but the landlord must either give the tenant a receipt stating the amount received and the remaining balance, deposit the partial payment into the court registry when filing, or post a new three-day notice reflecting the lower amount owed.

Which court handles my case if the dispute is over property in Palm Beach County?

Larger civil cases go to the Fifteenth Judicial Circuit, the circuit court for Palm Beach County. Claims in the mid-range of dollar amounts go to the county court, and small claims are heard separately. If the property is in Broward County, the Seventeenth Judicial Circuit applies. Some matters can also be heard in federal court in the Southern District of Florida.

I live in New York or New Jersey and own property here. Do I have to travel for hearings?

Generally no. We regularly represent clients from New York, New Jersey, and Connecticut, handle the local court appearances, and keep you informed at each stage, with scheduled conference calls at times that work for you.

Is it worth hiring a lawyer for a smaller real estate dispute?

Often it is worth at least a consultation, because the deadlines and notice requirements can end a claim regardless of the dollar amount. We look for the cost-effective route, which sometimes means a firm demand letter or mediation instead of a lawsuit.

Serving Real Estate Clients from Palm Beach Gardens Across South Florida

Our work starts in Palm Beach Gardens and extends through the northern Palm Beach County communities of Juno Beach, Jupiter, Tequesta, North Palm Beach, Palm Beach Shores, Riviera Beach, and Lake Park. We also serve property owners in West Palm Beach, Royal Palm Beach, Wellington, Lake Worth Beach, Greenacres, Boynton Beach, Delray Beach, and Boca Raton, along with the western communities of Loxahatchee Groves and Belle Glade.

Moving south, we represent clients in Broward County, including Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Parkland, Plantation, and Hollywood. Because many of our clients are investors and co-owners who live elsewhere, we also work with people in New York, New Jersey, and Connecticut whose partners, tenants, or property are here in South Florida. Whether the matter is a failed closing, a partition action, or a title dispute, we handle it where the property is located and where the court sits.

Talk to a Palm Beach Gardens Real Estate Lawyer About Your Property Dispute

If a closing has fallen apart, a co-owner is pushing for a sale, or a competing claim has clouded your title, speaking with a Palm Beach Gardens real estate lawyer early can preserve options that disappear with time. The Andrew M. Schwartz Legal Team will review your documents, explain which deadlines apply, and tell you candidly whether negotiation, mediation, or a lawsuit makes the most sense. Call our team today to schedule a consultation.