Pembroke Pines Real Estate Transactions Attorney

A real estate deal in Pembroke Pines is a Broward County matter from the first signature, and when a contract falls apart, the dispute lands in the Seventeenth Judicial Circuit, which sits in and for Broward County. The Andrew M. Schwartz Legal Team handles residential and commercial real estate transactions and the litigation that follows when closings fail, titles are clouded, or co-owners cannot agree. We serve clients in Pembroke Pines, throughout Broward County, and across Palm Beach County and the rest of South Florida. If you are searching for a Pembroke Pines real estate transactions attorney, the practical question is usually what a signed contract actually obligates each side to do, and what happens when one side stops performing.

The deadlines on those questions are shorter than most buyers and sellers expect. An action to force a seller or buyer to complete a purchase, known as specific performance, carries a one-year limitations period in Florida. A suit on a written contract generally has five years, while a claim on an oral or implied agreement has four, and a claim to rescind a contract has four. Those clocks run differently, which is why the early weeks after a deal goes sideways matter so much.

Real estate work in this part of Broward County is rarely limited to one house and one buyer. Pembroke Pines sits among condominium communities, townhome developments, strip centers, and small commercial properties, many held by investors, families, or business partners who bought together. That means a transaction question often turns into an ownership question, and an ownership question can turn into a business dispute. We handle both sides of that line.

What a Real Estate Contract Dispute Looks Like Before It Reaches a Judge

Most failed closings begin with a document, not a disagreement. A purchase and sale contract sets deadlines for inspections, financing, title review, and closing, and each of those deadlines can become a point of default. A buyer who lets a financing contingency lapse, a seller who finds a better offer after signing, and a lender who delays clearing conditions all create the same downstream problem: one party insists on the deal and the other walks.

When a buyer wants the property and the seller refuses to close, specific performance asks the court to order the sale to go forward on the contract’s terms. When the buyer is the one backing out, the seller usually looks to the contract’s deposit and default provisions, and the wording of those provisions often decides what remedies exist at all. The firm has seen this play out at trial: after a five-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.

Before anything is filed, the wording of the contract and the history between the parties get a close read. Who sent which notice, whether deadlines were extended by email or by conduct, whether the earnest money was properly held, and whether the party now demanding performance was itself ready and able to close all shape the outcome. That is why we prefer to be involved while a deal is still alive. A pointed letter, a negotiated extension, or a carefully drafted amendment can save a transaction that a lawsuit would only bury.

Why Choose the Andrew M. Schwartz Legal Team for Pembroke Pines Real Estate Matters

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Pembroke Pines, Broward County, Palm Beach County, and South Florida, along with clients from New York, New Jersey, and Connecticut who own property or business interests here. Founder Andrew M. Schwartz has spent 37 years in litigation, was admitted to The Florida Bar in 1989, and has practiced in Florida since then. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. His career has centered on complex contract disputes, business divorces, and conflicts among partners, LLC members, and co-owners of real estate.

Andrew is joined by Senior Counsel Sundeep Nath, a Northwestern-trained litigator with years of experience handling business and real estate cases in state and federal courts. That matters here because real estate disputes sometimes belong in federal court, and the Southern District of Florida holds court in Fort Lauderdale and West Palm Beach. We keep a strict 24 hour return call policy when we are in court, and we handle local court appearances for out of state owners so they do not have to travel for every hearing.

The Broward County judgment awarding specific performance of a commercial real estate contract is the clearest example, and it reflects what we do best: reading the contract closely, building the record, and trying the case when negotiation will not get a fair result. We are also experienced in mediation and arbitration, and we look for the resolution that fits the client’s goals and budget rather than stretching out a case for its own sake. A good share of our work comes from referrals by other attorneys, including out of state lawyers whose clients have Florida property problems.

Real Estate Transaction and Title Issues We Handle

• Failed Closings and Purchase Contract Disputes: Buyers and sellers who walk away, miss contingency deadlines, or dispute who is entitled to the deposit. We pursue or defend claims for breach, specific performance, and rescission, keeping the one-year, four-year, and five-year limitation periods in view.
• Commercial Real Estate Contracts: Purchase agreements and commercial leases for retail, office, and investment properties, where the precise wording and the parties’ course of dealing usually decide the case.
• Partition Actions: When co-owners cannot agree on what to do with a property, Florida’s partition statute lets a court divide the land or order it sold and the proceeds shared. We represent former business partners, siblings who inherited together, unmarried couples, and investors wanting out.
• Quiet Title and Title Disputes: Suits to clear competing ownership claims or to cancel a conveyance that clouds title. A quiet title plaintiff generally must trace title back at least seven years, and the case can be filed in any county where part of the land sits.
• Heirs Property: Inherited real estate held by relatives as tenants in common receives special treatment under Florida’s Uniform Partition of Heirs Property Act, which changes how a court may divide or sell the land.
• Landlord and Tenant Disputes: Nonpayment, lease violations, and termination notices. A residential landlord’s nonpayment demand gives the tenant three days, excluding weekends and court-observed holidays, and many lease violations carry a seven day notice period.
• Co-Owned Property Inside a Business: Real estate owned by an LLC or partnership whose members are in conflict, where the property dispute and the business dispute cannot be separated.
• Injunctions Protecting Property: Emergency or temporary relief to stop a sale, transfer, or encumbrance while title or ownership is being decided.

What to Do Right Now If Your Pembroke Pines Real Estate Deal Is Going Wrong

Start by gathering the paper: the signed contract and every addendum, all emails and texts about extensions or changes, deposit receipts, inspection and survey reports, the title commitment, and any notices either side sent. Put the dates in order. Courts care about who did what and when, and the party with a clean timeline usually has the stronger hand. Do not rely on a phone call or a casual text to extend a deadline; confirm anything important in writing.

Next, track the limitation periods that apply to your claim. If you want the court to order a sale completed, you have one year. A claim on the written contract itself has five years, while an oral agreement has four, and a fraud claim runs four years from discovery, with an outer limit of twelve years. Waiting rarely helps, and with specific performance the short window can close before the dispute has even finished its negotiating phase.

Be careful about what you say and sign while the dispute is live. Do not accept partial performance, sign a release, or cash a deposit refund without knowing what that does to your claims. If you are a landlord who takes partial rent after serving a nonpayment notice, Florida law requires specific steps, such as giving a written receipt with the balance due or placing the money in the court registry, so you do not undercut your own eviction. A landlord does not waive the right to terminate just by taking partial rent, but sloppy handling can create problems.

On the court side, Pembroke Pines is in Broward County, so a lawsuit over a Pembroke Pines property is generally filed in the Seventeenth Judicial Circuit. Broward civil cases are heard at the Central Judicial Complex in Fort Lauderdale and at the county’s regional courthouses, including the South Regional Courthouse in Hollywood and the West Regional Courthouse in Plantation. Claims above the county court ceiling belong in circuit court, and larger commercial disputes may qualify for the circuit’s complex business division. A quiet title or partition case can also be filed wherever any part of the land is located, so a Broward owner of property in Palm Beach County may litigate in the Fifteenth Judicial Circuit instead.

Finally, talk to a Pembroke Pines real estate lawyer before you send the demand letter or file anything. Many of these disputes are resolved through negotiation, mediation, or arbitration, and the best outcome often comes from using those tools with a clear litigation plan behind them.

Partition and Co-Ownership: When Owners Cannot Agree on the Property

Florida treats partition as an equitable remedy heard in chancery. The complaint must describe the land, name every owner and where each lives, 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 conclude the land cannot be divided without prejudice to 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 purchase price must be paid down unless everyone consents otherwise.

Inherited property gets different treatment. Where relatives hold land as tenants in common and the statutory conditions are met, such as relatives holding twenty percent or more of the interests, the Uniform Partition of Heirs Property Act governs unless all cotenants agree otherwise. In those cases a court cannot simply order a sale; it must first be satisfied that the commissioners considered the statutory factors and found that dividing the land would prejudice the cotenants as a group. For families holding a Pembroke Pines home or investment property across generations, that distinction can decide whether the property is kept or auctioned.

Common Questions About Pembroke Pines Real Estate Transactions

How long do I have to sue over a failed real estate closing in Florida?

It depends on the claim. A suit to compel the other side to complete the sale must be brought within one year. A claim for breach of a written contract has five years, an oral or implied contract has four, and rescission has four. Because the periods differ, we identify which claims you have before choosing a strategy.

Can I force a seller to close if they changed their mind?

Possibly. Specific performance is a court order requiring the seller to complete the transaction. Courts generally look at whether the contract is enforceable, whether you were ready, willing, and able to close, and whether you performed your own obligations. We obtained a final judgment of this kind in a commercial real estate contract case in Broward County after a five-day bench trial.

Who keeps the deposit if a buyer backs out?

The contract controls. Many contracts treat the deposit as the seller’s remedy if the buyer defaults, while others give the seller a choice between keeping the deposit and suing for damages. Contingency language, such as financing or inspection, may entitle the buyer to a refund instead. The exact wording and whether notices were properly given usually decide it.

What is a quiet title action and when would I need one?

A quiet title action asks a Florida court to determine who owns land and to remove competing claims, including by canceling a conveyance that clouds title. You might need one when a prior deed is defective, a former partner or relative claims an interest, or a transfer was fraudulent. Plaintiffs are generally expected to trace title back at least seven years.

Can I get out of owning a property with a former business partner?

Often, yes. A partition action lets a court divide the property or order it sold and the proceeds shared. A negotiated buyout is usually faster and cheaper, and our attorneys regularly pursue those options first. If the property is held through an LLC, the operating agreement and Florida’s LLC dissolution grounds, such as deadlock or misappropriation of assets, may open additional paths.

Does adverse possession matter in a Pembroke Pines dispute?

It can. Florida requires seven years of continuous possession under a claim of title, and the claimant must file a return with the property appraiser that includes a full legal description. If the claim rests on color of title, the instrument must be recorded in the county where the land lies. These cases are fact heavy and uncommon, but they come up with abandoned or poorly maintained parcels and boundary disagreements.

I live in New York and own property near Pembroke Pines. Can you handle the case without me traveling?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut with Florida real estate disputes. We handle the local filings and hearings, schedule conference calls at times that work for you, and keep you informed at each stage.

What should a landlord know about terminating a residential tenancy?

For nonpayment, the landlord delivers a written demand and the tenant has three days, excluding Saturdays, Sundays, and court-observed holidays, to pay or leave. For curable lease violations, the notice gives seven days to fix the problem. Certain violations, such as intentional property destruction, may justify a seven day notice to vacate with no chance to cure. Defective notices are a common reason evictions stall.

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

Often it is, because the cost of a dispute can be driven by the deadlines and notice requirements rather than the dollar amount at stake. Claims up to the county court ceiling are heard in county court, and smaller claims up to the small claims limit follow a simpler track. An early review can tell you whether the claim justifies litigation or whether a letter and negotiation will do.

How long does a Broward County real estate lawsuit take?

There is no fixed timeline. Straightforward cases can resolve in months through negotiation or mediation, while contested trials, such as the five-day bench trial that produced our specific performance judgment, take considerably longer. Injunction requests move faster because courts treat urgent property and asset threats as priorities.

Can a court stop a sale or transfer of property while we resolve a dispute?

Yes. Courts can enter temporary and permanent injunctions, including emergency relief, to preserve property and company assets while ownership or a contract dispute is decided. We have experience seeking that relief where waiting for final judgment would let the asset disappear.

Serving Real Estate Clients in Pembroke Pines and Across South Florida

We start in Pembroke Pines and the surrounding Broward County communities, including Miramar, Hollywood, Davie, Cooper City, Weston, Southwest Ranches, Pembroke Park, Hallandale Beach, Dania Beach, and Plantation. From there our work extends north through Fort Lauderdale, Sunrise, Coral Springs, Parkland, Coconut Creek, Margate, Pompano Beach, and Deerfield Beach, and into Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Wellington, West Palm Beach, and Palm Beach Gardens.

Many of the properties we handle are owned by people who live elsewhere, so we also serve clients in New York, New Jersey, and Connecticut whose partners, co-owners, or investments are in South Florida. Whether the dispute involves a single-family home, a condominium unit, a commercial parcel, or real estate held inside a company, we litigate in the courts where the property sits.

Talk With a Pembroke Pines Real Estate Attorney Before the Deadline Passes

If a closing has collapsed, a co-owner is blocking a decision, or a title problem is threatening a deal, the Andrew M. Schwartz Legal Team can review your documents and tell you where you stand. As a Pembroke Pines real estate attorney team with decades of litigation experience in South Florida courts, we will give you a straight assessment of your options and the deadlines that apply. Call our office to schedule a consultation.