Pompano Beach Real Estate Litigation Attorney

A deal on a Pompano Beach commercial building falls apart days before closing, or a co-owner of a Broward County property stops answering calls and starts acting like the sole owner. The Andrew M. Schwartz Legal Team handles business and real estate disputes for owners, investors, and families across Broward County, Palm Beach County, and the rest of South Florida, and a Pompano Beach real estate litigation attorney from our team can step in when a property dispute needs a court’s answer.

Real estate disputes in Pompano Beach tend to share one feature: the property is only part of the problem. Behind a failed closing, a clouded title, or a stalled sale there is usually a contract with specific wording, a record of what each side did and said, and a clock that is already running. Florida gives different claims very different filing windows, and the choice of claim often determines whether a case can be brought at all.

That is why we start these matters by reading the documents and the timeline before anything else. What the contract actually says, who holds record title, who has been in possession, and which deadline applies shape every decision that follows.

Why Choose the Andrew M. Schwartz Legal Team for Real Estate Litigation Near Pompano Beach

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Pompano Beach, Fort Lauderdale, Boca Raton, West Palm Beach, and the surrounding communities of Broward and Palm Beach Counties. The firm represents business owners, investors, and families in disputes over contracts, co-owned property, and title, and it works with clients from New York, New Jersey, and Connecticut who own real estate or business interests in South Florida. Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of business and real estate experience in both state and federal courts.

Real results matter more than claims about effort. After a five-day bench trial, a Broward County Circuit Court judge issued a 32-page final judgment on May 15, 2024, awarding our client specific performance of a commercial real estate contract. Specific performance, meaning a court order requiring the other side to complete the sale, is one of the harder remedies to win, and it depends on a trial record built carefully from the first filing.

The firm practices as a true legal team, so everyone working on your file knows it and can answer when you call. We keep a strict 24 hour return call policy, handle local court appearances for out of state owners, and are experienced in mediation and arbitration as well as the courtroom. Many property disputes settle on better terms than a verdict would give, and we look for the resolution that fits your goals and your budget. A significant part of our practice also comes from referrals by other attorneys, including lawyers outside Florida whose clients hold property here.

Real Estate Disputes We Litigate for Pompano Beach Owners and Investors

• Failed Closings and Purchase Contract Disputes: Buyers who want to force a closing and sellers who want to keep a deposit both depend on the exact contract terms, inspection and financing deadlines, and what each side did before the deal collapsed. Specific performance has its own one-year filing period.
• Partition Actions: When co-owners cannot agree, Florida’s partition statutes allow a court to divide the property or order it sold and split the proceeds. These cases involve former business partners, siblings who inherited a property, unmarried couples, and investors who want out.
• Heirs Property: Property held in common among relatives is subject to a separate set of partition rules that add protections for the other cotenants before a forced sale can occur.
• Quiet Title and Title Disputes: A quiet title case asks the court to cancel a competing claim, remove a cloud on title, or settle who owns the land. It can be filed in any county where part of the land sits, and the plaintiff generally must trace title back at least seven years.
• Adverse Possession and Boundary Claims: A claimant who has possessed land for seven years may assert ownership, but the statute demands specific proof, and claims under color of title depend on a recorded instrument.
• Commercial Lease and Landlord-Tenant Disputes: Nonpayment, lease defaults, early termination, and possession actions raise notice requirements that must be followed precisely, or the case can be lost on procedure.
• Co-Owner Disputes Inside an LLC or Corporation: When property is held through an entity, the fight often becomes a business divorce involving deadlock, misused funds, or judicial dissolution.
• Emergency Injunctions: When a property is about to be sold, encumbered, or stripped of value mid-dispute, we seek temporary or permanent injunctive relief to hold the status quo.

Deadlines, Documents, and Courts: What to Do When a Property Dispute Surfaces

Start with the clock. A claim on a written contract carries a five-year limitations period, while an oral or implied contract claim has four years. A suit to rescind a contract also has four years. Fraud claims run four years from discovery, capped at twelve. Specific performance is the outlier: the statute gives only one year, so a buyer hoping to compel a sale cannot afford to wait while negotiating. A negligence claim, such as one against a professional involved in the transaction, now has a two-year period for causes of action that accrued after March 24, 2023. If you are unsure which period applies, assume the shortest and act accordingly.

Next, gather the paper. That means the purchase contract and every amendment, the deed and any title commitment, closing statements, emails and texts with the other side, notices sent or received, proof of payments and deposits, and any operating or shareholder agreement if an entity owns the property. Do not sign anything, record anything, or agree to anything orally with the other party before a lawyer has read the file. Partial performance and casual messages are often used later as evidence of what was agreed.

If you are a landlord or tenant, notice rules control. A tenant who fails to pay rent has three days, excluding Saturdays, Sundays, and court-observed legal holidays, after a written demand before the landlord can terminate. For curable non-rent violations the notice gives seven days to fix the problem, and for violations that cannot be cured a landlord may serve a seven-day notice to vacate. Accepting partial rent does not waive the landlord’s right to terminate, but it does require specific handling, such as a written receipt, a new notice, or placing the money in the court registry. Errors in these steps are a common reason possession cases stall.

Where the case is filed matters too. A Pompano Beach property sits in Broward County, whose civil cases are heard in the Seventeenth Judicial Circuit, with the main civil divisions in Fort Lauderdale and regional courthouses in Deerfield Beach, Hollywood, and Plantation. Claims above the county court ceiling go to circuit court, while smaller disputes can be heard in county court and claims up to the small claims limit follow a simpler track. Large business and construction disputes and certain entity dissolutions can be directed to Broward’s complex business divisions under the circuit’s administrative order, which requires a specific form to be e-filed at the outset. Federal court in Fort Lauderdale is an option only when federal jurisdiction exists. A quiet title or partition suit can be filed wherever the land lies, so the property’s location, not the parties’ residences, usually decides the forum. We also appear in the Fifteenth Judicial Circuit in Palm Beach County when a dispute crosses the county line.

How Partition and Quiet Title Cases Actually Unfold

A partition case begins with a complaint that describes the land, names each owner and their residence, and states what share each holds. Partition actions are heard in equity. If the court finds the owners are entitled to partition, it appoints three commissioners, chosen by the parties if they agree, to decide whether the property can be divided fairly. For a single condominium unit or a house on one lot, they will often report that division would prejudice the owners, and the court may then order a public sale, with proceeds split in proportion to each owner’s interest. Court-ordered sales on credit are possible for good cause, but at least one-third of the purchase price must be paid down unless all parties consent otherwise.

If the property qualifies as heirs property, a different procedure applies. Where the co-owners hold as tenants in common, at least one acquired title from a relative, and a statutory condition such as relatives holding twenty percent or more of the interests is met, the court must follow the heirs property rules unless every cotenant agrees otherwise. A partition in kind is entered only if commissioners weigh the statutory factors and conclude that dividing the land would prejudice the cotenants as a group. These rules give family owners real leverage against a buyout-by-sale, and they change the strategy for both sides.

Quiet title cases turn on the quality of the title chain. The plaintiff must show a legal or equitable claim and trace title back at least seven years unless the court orders otherwise. Where the cloud comes from a fraudulent attempted conveyance, Florida law allows summary procedure and directs the court to advance the case on its calendar. Adverse possession adds another layer. Without color of title, a 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 instrument the claim rests on must be recorded in the county where the property sits. Many of these cases are won or lost on the recorded documents, not on testimony.

When the real estate is held by an LLC or corporation, the dispute may shift to entity law. A court can dissolve an LLC when members are deadlocked and the company faces irreparable injury, when assets are being misappropriated or wasted, or when it is not reasonably practicable to operate under the operating agreement. The court may appoint a receiver or custodian after a hearing or order a buyout of the petitioning member. For corporations, shareholders who petition for dissolution may find the corporation or other shareholders electing to buy them out at fair value, and a deadlock sale clause in the governing agreement can displace dissolution altogether.

Questions Pompano Beach Property Owners Ask Us

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

A claim founded on a written contract has a five-year limitations period. A claim on an oral or implied agreement has four years. Specific performance, which asks the court to compel completion of the sale, is subject to a one-year period, so buyers pursuing that remedy should move quickly.

Can I force a co-owner to sell a house or building we own together?

Generally, yes. Florida law lets a co-owner ask the court for partition, which divides the property or orders it sold with the proceeds split by ownership share. The court’s decision depends on whether a fair division is practical and, for family property, whether the heirs property rules apply.

What is heirs property, and why does it matter in a partition case?

It is property held as tenants in common where no binding agreement governs partition, at least one owner got title from a relative, and another statutory condition is met, such as relatives holding twenty percent or more of the interests. If it qualifies, a separate procedure applies that makes a forced sale harder to obtain.

What does a quiet title action accomplish?

It asks the court to determine who owns the property and to cancel a competing deed, lien, or claim that clouds title. The case can be filed in any county where part of the land sits, and the plaintiff must generally trace title back seven years.

Can I win a property by occupying it for seven years?

Possibly, but not automatically. Adverse possession requires actual, continuous possession under a claim of title, and the claimant must follow statutory filing steps, including a return that gives the property appraiser a legal description. Claims under color of title also depend on the instrument having been recorded in the right county.

Which court would hear my Pompano Beach real estate case?

Disputes over property in Broward County are typically filed in the Seventeenth Judicial Circuit. Claims above the county court limit go to circuit court, while smaller amounts can be heard in county court or small claims. Some larger business and construction cases can be assigned to Broward’s complex business divisions.

My co-owner is draining the property’s income. Can a court stop it?

It can. We seek accountings, recovery of funds, and breach of fiduciary duty claims, and in urgent cases we ask for temporary injunctive relief to prevent assets from being moved or spent while the case is pending. Speed and documentation of the diverted funds matter here.

Does a landlord waive its rights by accepting partial rent?

No. Accepting partial rent does not waive the right to terminate or sue, but the landlord has to handle it properly by issuing a receipt stating the amount and balance due, placing the money in the court registry when filing, or serving a new three-day notice reflecting what is still owed.

I live in New York or New Jersey. Do I have to travel for every hearing?

No. We regularly represent clients who live out of state and own property here. We handle the local court appearances and keep you informed at each stage, so you can participate without traveling for every proceeding.

Is it worth litigating, or should I try mediation first?

It depends on the dispute. Many property cases resolve through negotiation or mediation, particularly when the parties will still share ownership or have an ongoing relationship. We pursue the route most likely to meet your goals efficiently, and we prepare for trial in parallel so you are not negotiating from weakness.

Can a judgment I win be enforced years later?

Yes. An action on a judgment of a Florida court of record may be brought within twenty years, which gives a judgment creditor a long window to collect.

Real Estate Litigation Across Pompano Beach and Broward County

Our work for Pompano Beach property owners extends across Broward County: Lighthouse Point, Deerfield Beach, Hillsboro Beach, Lauderdale-by-the-Sea, Oakland Park, Wilton Manors, Fort Lauderdale, Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Sunrise, Plantation, Davie, Hollywood, and Hallandale Beach. From the commercial corridors and waterfront parcels near the coast to multifamily buildings and inherited homes inland, we represent owners whose disputes require a court’s intervention.

We also serve clients across Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, and the surrounding communities, as well as clients from New York, New Jersey, and Connecticut who hold real estate or business interests in South Florida. If your dispute involves property in more than one county, or an entity with owners in more than one state, we can coordinate the case through the appropriate Florida courts.

Speak With a Pompano Beach Real Estate Litigation Lawyer

Real estate disputes reward early, careful action. Whether you are trying to force a closing, break up a shared ownership, clear title, or stop a co-owner from moving assets, the Andrew M. Schwartz Legal Team can review your documents, identify the deadlines that apply, and recommend the path most likely to reach your goal. Call to speak with a Pompano Beach real estate litigation lawyer about your case, and we will tell you plainly what the options look like.