Pompano Beach Real Estate Attorney

Pompano Beach property owners hit a decision point more often than they expect: a contract to sell that the buyer will not close on, a co-owner who wants out, a tenant who has stopped paying, a deed that does not match what everyone thought they owned. The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Pompano Beach, Broward County, Palm Beach County, and the rest of South Florida, handling both real estate transactions and the disputes that grow out of them.

If you are searching for a Pompano Beach real estate attorney, the first question is usually what kind of problem you have. A purchase contract gone wrong, a shared property that cannot be managed, a cloud on title, and a lease default each follow different rules and different clocks. Getting the category right early is what keeps a deadline from quietly expiring.

Real estate here is also heavily co-owned: inherited homes, investment properties split among partners, condos and commercial units bought through LLCs. When the owners stop agreeing, the property itself becomes the dispute.

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 difficult business and real estate disputes, serving clients in Pompano Beach, Fort Lauderdale, Boca Raton, West Palm Beach, and throughout Broward and Palm Beach Counties. Firm founder Andrew M. Schwartz has spent 37 years in litigation, was admitted to The Florida Bar in 1989, and has practiced litigation in Florida since then.

Andrew earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. He 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 works as a true legal team, so everyone on your matter knows the file, and it keeps a strict 24 hour return call policy when attorneys are in court.

Real estate results matter more than adjectives. After a 5-day bench trial, a Broward County Circuit Court judge issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. That is a hard remedy to win, and it reflects the kind of contract-focused, detail-heavy work this practice is built around.

Many clients also live in New York, New Jersey, or Connecticut and own property or share ownership here. The firm handles the local court appearances so those owners do not have to travel for every hearing. Attorneys are experienced in mediation and arbitration as well as courtroom litigation, and the goal is the resolution that fits your objectives and budget, not a longer case for its own sake.

Real Estate Problems a Pompano Beach Attorney Handles

• Failed Closings and Purchase Contract Disputes: A buyer walks, a seller backs out for a higher offer, or financing and inspection terms are read two different ways. Remedies include damages, rescission, and specific performance, which forces the sale to go through.
• Partition Actions: When co-owners cannot agree, Florida law lets one ask the court to divide the property or order it sold and split the proceeds. Common among former business partners, siblings who inherited a home, unmarried couples, and investors who want out.
• Quiet Title and Title Disputes: Competing ownership claims, a conveyance that should never have been recorded, or a need to remove your name from title to a property. A quiet title action asks the court to settle who owns what.
• Commercial Lease Disputes: Defaults, rent calculations, personal guarantees, and termination rights in retail, office, and industrial leases turn on the exact wording of the lease.
• Landlord and Tenant Matters: Nonpayment, lease violations, and terminations for residential and commercial tenancies, where the notice requirements decide whether a case can even proceed.
• Co-Owned Property Inside Business Disputes: Real estate held by an LLC or partnership often becomes the main asset fought over in a business divorce, including diverted rents and unpaid distributions.
• Emergency Relief to Protect Property: Temporary and permanent injunctions to stop a sale, transfer, or encumbrance while the dispute is pending.
• Real Estate Transactions: Commercial and residential purchase and sale work, structured so fewer deals end up in litigation.

What to Do Right Now When a Pompano Beach Property Problem Surfaces

Start by gathering paper, not opinions: the signed contract and every amendment, the deed, closing statements, the lease, the operating agreement if an entity owns the property, and the emails and texts between the parties. Disputes in this field are decided by wording and by the history of dealings, so preserve everything and delete nothing.

Then find your deadline. A contract claim founded on a written instrument has a five-year limitations period in Florida. An oral or implied contract claim has four years. A suit to rescind a contract has four. A fraud claim has four years from discovery, capped at twelve overall. The one that surprises people is specific performance: that action has a one-year period. If you are trying to force a sale to close, waiting is dangerous.

For tenancy problems, the notice is the case. For unpaid rent, a landlord must deliver written demand for payment or possession, and the tenancy can be terminated if the default continues three days after delivery, not counting Saturdays, Sundays, or court-observed legal holidays. For other violations that can be cured, the notice gives seven days to fix the problem. For violations that cannot be cured, the landlord can give notice of intent to terminate, and the tenant has seven days to vacate. If a landlord accepts partial rent after serving a notice, it must follow specific steps, such as issuing a receipt with the balance due or serving a new notice, but accepting partial rent does not by itself waive the right to terminate.

Where you file depends on the amount and the claim. Pompano Beach sits in Broward County, so cases are heard in the Seventeenth Judicial Circuit. Circuit court handles claims above the county court ceiling, and county court handles the smaller ones, with small claims below that. Partition and quiet title actions are chancery matters, and a quiet title complaint can be filed in any county where part of the land lies. Larger commercial and business-related property disputes may be eligible for Broward’s complex business division, and federal court in Fort Lauderdale is an option only where federal jurisdiction exists.

Common mistakes: signing a “quick fix” agreement with a co-owner without legal review, letting a tenant stay on while accepting rent informally, recording documents to “fix” title without understanding the effect, and waiting on a specific performance claim. Call early, because the right remedy often depends on what you do in the first few weeks.

Partition and Quiet Title: How These Cases Actually Work in Florida

In a partition action, the complaint must describe the land, name the owners and where they live, and state what share each holds. All partition actions are heard in chancery. When the court enters a judgment of partition, it appoints three commissioners, chosen by the court unless the parties agree on them. If the commissioners report that dividing the property would prejudice the owners, the court can order a public auction, with proceeds divided according to ownership interests. A sale on credit is possible for good cause, but at least one-third of the price must be paid down unless everyone consents otherwise.

Inherited property is treated differently. Florida’s Uniform Partition of Heirs Property Act applies to partition actions filed on or after July 1, 2020. Property qualifies as heirs property when it is held as tenants in common with no binding agreement on partition, at least one cotenant got title from a relative, and another statutory condition applies, such as relatives holding twenty percent or more of the interests. If it qualifies, the court must use the heirs property procedure unless all cotenants agree otherwise, and a partition in kind is not entered unless the court is satisfied the commissioners weighed the statutory factors and found that dividing the property would prejudice the cotenants as a group. In practice, this gives families more protection against a forced sale.

Quiet title works differently. Florida’s chancery courts can determine title and cancel a conveyance or other evidence of title that clouds ownership. The plaintiff generally must trace title back at least seven years before filing unless the court orders otherwise. Where the claim rests on a fraudulent attempted conveyance, a summary procedure is available and the court is directed to advance the case on its calendar.

Adverse possession sometimes sits behind these disputes. Without color of title, it requires seven years of continuous possession under a claim of title, and the claimant must file a return with a full legal description. With color of title, seven years of continuous possession is also required, and for claims beginning after 1945 the instrument must be recorded in the county where the property sits. A Pompano Beach real estate lawyer can tell you quickly whether a possession claim has any footing.

When the Property Is Owned by an Entity: Dissolution and Buyout Options

Much Broward real estate is held through LLCs and corporations, which means a property fight is often an ownership fight. For an LLC, a court can order dissolution on a member’s or manager’s petition for several grounds, including illegal conduct, misappropriated or wasted assets that cause injury, impracticability of operating under the agreement, or a deadlock with threatened irreparable injury. The court can also appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member. If the operating agreement has a deadlock sale provision that is initiated before the court finds deadlock grounds, that provision generally controls.

For corporations, shareholders can seek judicial dissolution on statutory grounds, and the corporation or other shareholders can elect to buy the petitioner’s shares at fair value, which is often the practical way out. If the parties agree on value and terms within 60 days of the first election, the court enters an order on those terms. The court can also issue injunctions and preserve assets while the case is pending. Reading the governing documents before filing anything is often what decides the outcome.

Pompano Beach Real Estate Attorney FAQs

Can I force a seller to close on a contract in Broward County?

Sometimes. Specific performance asks a court to order the sale to proceed rather than award money. It depends on the contract terms, your own readiness to perform, and timing, since that claim has a one-year limitations period in Florida.

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

Five years for a claim on a written contract, four years for oral or implied contracts and for rescission, and four years from discovery for fraud, capped at twelve. Specific performance is the shortest at one year.

What happens in a partition action?

The court determines each owner’s interest, appoints three commissioners, and either divides the property or orders it sold at auction when division would prejudice the owners. Proceeds are split according to ownership shares.

Can a co-owner force me to sell inherited property?

Possibly, but heirs property gets extra protection. If the property qualifies under Florida’s heirs property statute, the court must follow a procedure that gives cotenants a chance to buy out the requesting owner and limits forced sales.

What is a quiet title action?

A lawsuit asking the court to declare who owns land and to remove competing claims or cancel a conveyance that clouds title. Plaintiffs generally must trace title back at least seven years.

How much notice does a landlord have to give before terminating for unpaid rent?

Written demand for payment or possession, and the default must continue three days after delivery, excluding Saturdays, Sundays, and court-observed legal holidays, before the landlord can terminate.

Does accepting partial rent ruin a landlord’s eviction case?

Not automatically. Accepting partial rent does not waive the right to terminate, but the landlord must follow one of the statutory steps, such as giving a receipt with the balance due, depositing the rent in the court registry, or serving a new notice for the reduced amount.

My co-owner is draining rental income from our property. What can I do?

You may have claims for an accounting, breach of fiduciary duty, and recovery of the funds, and a court can issue an injunction to stop assets from being moved or spent while the case proceeds. Bank and rent records are key evidence.

Which court handles a real estate dispute in Pompano Beach?

Broward County’s Seventeenth Judicial Circuit. Smaller claims go to county court, larger ones to circuit court, and some large business-related property disputes may qualify for the complex business division.

I live in New Jersey and co-own a Pompano Beach property. Do I need to travel for the case?

Generally no. The firm regularly represents owners from New York, New Jersey, and Connecticut, handling local court appearances while keeping you informed at each stage.

Does every real estate dispute end up in court?

No. Many are resolved through negotiation, mediation, or arbitration, especially where a negotiated buyout or sale serves everyone better than a trial. Litigation remains available when talks fail.

Is hiring a lawyer worth it for a smaller dispute?

It can be, particularly when the issue is a title or notice defect that could grow later. A short review of the documents can show whether the claim justifies pursuing and which forum fits.

Serving Pompano Beach Real Estate Clients Across Broward and Palm Beach Counties

The firm represents clients in Pompano Beach and the neighboring Broward communities of Lighthouse Point, Deerfield Beach, Coconut Creek, Margate, Coral Springs, Parkland, Tamarac, Lauderdale-by-the-Sea, Oakland Park, Wilton Manors, Fort Lauderdale, Hollywood, Plantation, and Sunrise. To the north, we serve owners across Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Lake Worth Beach, and West Palm Beach.

Whether the dispute involves a waterfront home, a small commercial building, a shared investment parcel, or an inherited family property, the work is the same: reading the documents, identifying the deadline, and choosing the remedy. Clients from New York, New Jersey, and Connecticut with South Florida holdings are welcome, and so are referrals from other attorneys.

Talk With a Pompano Beach Real Estate Lawyer Before a Deadline Passes

If you are weighing a partition, a title fix, a contract enforcement claim, or a tenancy termination, a conversation with a Pompano Beach real estate lawyer at the Andrew M. Schwartz Legal Team can tell you which remedy fits and how much time you have. Call to schedule a consultation and bring the contract, deed, or lease you are working from.