Parkland Real Estate Litigation Attorney

Most real estate disputes in Parkland are not about a house at all; they are about what happens when two or more people own the same property and cannot agree on what to do with it. The Parkland real estate litigation attorney work handled by the Andrew M. Schwartz Legal Team covers failed closings, purchase and sale contract fights, partition and title disputes, quiet title actions, and landlord and tenant conflicts for owners and investors in Parkland, Broward County, and across South Florida.

The facts behind these cases tend to be personal. Siblings inherit a home and one wants to sell. A former business partner holds title to an investment property that was supposed to be split. A buyer is ready to close on a commercial parcel and the seller walks away. Each of these sends the dispute to the Seventeenth Judicial Circuit, which sits in and for Broward County, and each turns on documents, deadlines, and the history between the parties.

Why Choose the Andrew M. Schwartz Legal Team for Parkland Property Disputes

The Andrew M. Schwartz Legal Team is a business litigation and real estate firm serving Parkland, Boca Raton, Fort Lauderdale, West Palm Beach, and the rest of Broward and Palm Beach Counties. Schwartz has spent 37 years in litigation, with his career built around complex contract disputes, business divorces, and conflicts between co-owners. He was admitted to The Florida Bar in 1989, earned his undergraduate degree from Emory University in 1986, and received his law degree from the University of Miami in 1989.

Andrew is joined by Senior Counsel Sundeep Nath, a Northwestern-trained litigator with years of experience in business and real estate cases in state and federal courts. The firm practices as a true legal team, so everyone working on a matter knows the file and can answer when you call. There is a strict 24 hour return call policy when the attorneys are in court. Clients often arrive thinking they need the most aggressive lawyer available; in our experience what they want is a lawyer who acts as the situation requires and uses finesse when finesse will do, with fees that make common sense against what is at stake.

Results matter more than adjectives. 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. That outcome reflects the kind of detailed, document-driven preparation these cases demand. The firm also represents many out of state clients, including from New York, New Jersey, and Connecticut, who own South Florida property; we handle the local court appearances so they do not have to travel for every hearing. A significant part of our practice comes from referrals by other attorneys, and we keep referring counsel informed throughout.

Types of Real Estate Disputes We Litigate for Parkland Owners and Investors

• Failed Closings and Purchase Contract Disputes: A buyer or seller refuses to close, a financing or inspection contingency is argued over, or a deposit is withheld. These cases often end in claims for damages or for specific performance, which forces the other side to complete the sale.
• Partition Actions: When co-owners cannot agree, Florida’s partition statute lets one owner ask the chancery court to divide the property or order it sold and the proceeds divided. We see these among former business partners, siblings, unmarried couples, and investors who want out.
• Heirs Property Cases: Property inherited by relatives and held as tenants in common can fall under a special set of partition rules. They give family cotenants added protections before a forced sale.
• Quiet Title and Title Disputes: Competing ownership claims, a recorded instrument that clouds title, or a need to remove yourself from title to a property can be resolved through a quiet title action.
• Landlord and Tenant Disputes: Nonpayment, lease violations, wrongful termination, and disputes over repairs, for commercial and residential landlords and tenants alike.
• Co-Owner and Partner Property Fights: Real estate held through an LLC or partnership often becomes the center of a business divorce, including disputes over diverted rents, unpaid distributions, and who controls a sale.
• Injunctions Over Property: When someone is about to sell, encumber, or transfer a property or its income mid-dispute, emergency injunctive relief can freeze the situation until a court rules.

What to Do Right Away When a Property Dispute Reaches Your Door

Start by gathering paper before anyone starts arguing. Pull the purchase contract, any amendments, the deed, closing statements, loan documents, operating agreements if an entity owns the property, and the emails and texts that show what the parties actually agreed to. These cases frequently turn on exact wording and the history of dealings, and a clean file saves weeks. Resist the urge to send an angry message; anything you write can end up in front of a judge.

Next, watch the clock, because Florida’s limitation periods are shorter than many owners expect. A lawsuit on a written contract generally must be filed within five years, while an oral or implied contract claim gets four. A fraud claim has four years from discovery, capped at 12 years overall. Specific performance of a contract carries only a one-year period, which is why a buyer who wants the property rather than money cannot wait. Lawsuits to recover real property also require that you or a predecessor was in possession within seven years before filing.

Where the matter is filed depends on the property and the amount. Quiet title complaints may be filed in any county where part of the land sits, and partition actions are heard in chancery. For a Parkland property, that usually means the Seventeenth Judicial Circuit in Broward County, where circuit court handles disputes above the county court limit and the court’s complex business division takes certain large business and construction cases. Federal court is the Southern District of Florida, which holds court in Fort Lauderdale and West Palm Beach, though most property disputes stay in state court.

If you are a landlord, the notice rules are strict and mistakes restart the process. A tenant who stops paying rent gets a written demand and three days, excluding weekends and court-observed holidays, before the landlord may terminate. For other lease violations that can be cured, the notice must give seven days to fix the problem; for violations that cannot be cured, a seven-day notice to vacate applies. Taking partial rent after serving a notice does not waive your rights, but it does require following specific steps, such as a receipt or a fresh notice. Finally, if you fear a co-owner or partner will sell or move assets, tell your lawyer immediately, because emergency injunctive relief is available and speed matters.

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 holds. After a judgment of partition, the court appoints three commissioners, unless the parties agree on who they should be, to decide whether the land can be divided fairly. If the commissioners report that division would prejudice the owners, the court can order a sale at public auction and split the proceeds in proportion to each owner’s interest. A sale on credit is possible for good cause, but at least one-third of the purchase money must be paid down unless everyone consents otherwise.

Heirs property changes the analysis. If the land is held by cotenants, at least one acquired title from a relative, and a qualifying condition applies, such as relatives holding twenty percent or more of the interests, the court must use the Uniform Partition of Heirs Property Act. Under that law, a partition in kind is not ordered unless the commissioners considered the statutory factors and found that division would harm the cotenants as a group. In practice this slows a forced sale and gives family members a path to buy out a relative’s share.

Quiet title works differently. Chapter 65 gives the court power to decide who owns land and to cancel a conveyance or other evidence of title held by someone who is not the rightful owner. The plaintiff must trace title back at least seven years before filing unless the court orders otherwise. Where a claim rests on a fraudulent attempted conveyance, the statute provides a summary procedure that moves the case ahead on the calendar. Adverse possession claims add another layer, requiring seven years of continuous possession under the statute’s conditions and, for claims under color of title, a recorded instrument.

Real Estate Held Through an LLC or Corporation

Many Parkland investment properties are owned through an LLC, and when the owners fall out the real estate dispute becomes a business divorce. A court may dissolve an LLC at the request of a member when it is not reasonably practicable to carry on the business under the operating agreement, when controlling members act illegally or fraudulently, when assets are being misappropriated or wasted, or when managers or members are deadlocked and irreparable injury is threatened. The court can also appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member’s interest.

Corporations have their own rules. In a shareholder-initiated dissolution case, the corporation or other shareholders may elect to buy out the petitioner at fair value, and if the parties agree on terms within 60 days of the first election the court enters an order on those terms. That election is irrevocable unless the court finds it equitable to modify it. Deadlock sale provisions in an operating or shareholder agreement can take priority if triggered in time, which is one reason the agreement should be read before any filing.

Frequently Asked Questions About Real Estate Litigation in Parkland

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

For a contract founded on a written instrument, which covers most purchase agreements and leases, the period is five years. An oral or implied agreement gets four years. Lawsuits seeking specific performance carry a one-year period, so a buyer who wants the property should act quickly.

What is specific performance and when is it available?

Specific performance is a court order requiring a party to complete the contract rather than pay damages. It is most common in real estate because every parcel is considered unique. Our firm obtained a final judgment granting it after a 5-day bench trial in Broward County Circuit Court.

Can one co-owner force the sale of a jointly owned property?

Generally yes. Florida allows any co-owner to seek partition, either by dividing the land or, when division is impractical, by ordering a sale and splitting the proceeds. Heirs property is subject to extra protections.

What is heirs property and why does it matter?

It is land held as tenants in common where no binding agreement governs partition, at least one owner acquired title from a relative, and another statutory condition applies. If the court finds the property qualifies, the special heirs property procedures apply unless every cotenant agrees otherwise.

What happens at a partition sale?

If commissioners find the land cannot be divided without prejudice to the owners, the court may order a public auction. The proceeds are divided according to each owner’s share, and a credit sale requires at least one-third paid down unless everyone consents.

How is a quiet title action different from a partition action?

Partition resolves what to do with property that several people legitimately own. Quiet title decides who owns it, or removes a competing claim or cloud on title. They are sometimes combined when ownership itself is contested.

Can a quiet title case be filed in any county?

It may be filed in any county where some part of the land is located. For a Parkland property, that is Broward County.

Do I have to deraign title for quiet title?

Yes, the statute generally requires the plaintiff to trace title for at least seven years before filing, unless the court orders otherwise.

My landlord or tenant accepted partial rent. Did that ruin my case?

No, accepting partial rent does not waive the right to terminate or sue. But after a nonpayment notice is posted, the landlord must give a dated receipt with the balance due, deposit the partial rent in the court registry when filing, or post a new notice for the corrected amount.

My business partner owns the property in his name. Can I still claim an interest?

Possibly. Title in one person’s name does not end the inquiry if the property was bought with company funds or under an agreement to share ownership. Depending on the facts, claims might include breach of fiduciary duty, an accounting, or a quiet title or partition action.

Is a lawyer worth hiring for a smaller property dispute?

Often, yes, particularly when deadlines are short or when title is involved. Many disputes are resolved by negotiation, mediation, or arbitration, and we look for the resolution that fits your goals and budget rather than prolonging a case.

Can I hire your firm if I live in New York, New Jersey, or Connecticut?

Yes. We regularly represent clients from those states who own property or business interests in South Florida, handle the court appearances here, and keep you informed at each stage.

Serving Real Estate Litigation Clients Throughout Parkland and South Florida

We start with Parkland itself, from the gated communities and estate neighborhoods in the northwest corner of Broward County to the commercial parcels along its major corridors. Nearby, we represent owners and investors in Coral Springs, Margate, Coconut Creek, Tamarac, Sunrise, Plantation, Weston, Davie, Pompano Beach, Deerfield Beach, Lauderhill, and Fort Lauderdale. Those communities fall within the Seventeenth Judicial Circuit, where most Broward property disputes are heard.

Our work also extends north into Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Wellington, Royal Palm Beach, Palm Beach Gardens, and West Palm Beach, where cases are heard in the Fifteenth Judicial Circuit. Whether a dispute involves a family home, a rental property, a commercial building, or land held through an entity, we handle real estate matters for clients across Broward and Palm Beach Counties, as well as out of state owners with property here.

Talk With a Parkland Real Estate Litigation Attorney Today

If you are facing a failed closing, a co-owner who will not budge, a cloud on your title, or a landlord and tenant dispute, a conversation with a Parkland real estate litigation attorney can clarify your options before a deadline passes. The Andrew M. Schwartz Legal Team has handled these disputes in South Florida courts for decades. Call to discuss your situation and learn what path makes sense for your property and your budget.