Riviera Beach Real Estate Attorney

The Andrew M. Schwartz Legal Team represents property owners, investors, landlords, business owners, and families in Riviera Beach and throughout Palm Beach County and Broward County, handling real estate transactions and the disputes that grow out of them. A Riviera Beach real estate attorney is most often called in when something has gone wrong with a closing, a co-ownership arrangement, a lease, or a claim to title, and the person holding the property needs a clear answer about where they stand.

Riviera Beach sits on the Intracoastal Waterway just north of West Palm Beach, with a working port, waterfront parcels, older neighborhoods, and commercial corridors that have changed hands many times over the decades. That history shows up in the disputes we see: inherited houses owned by several relatives, investment properties shared by former business partners, contracts to buy or sell commercial land that one side no longer wants to honor, and chains of title with gaps nobody noticed until a sale was pending.

Most real estate problems have a clock running on them, and the clocks are shorter than people expect. A suit to force a seller to complete a deal has a one-year window. A claim on a written contract has five. How a case unfolds usually depends on which of those clocks applies and how quickly the owner moves, so the sections below walk through the typical stages of each kind of dispute.

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

The Andrew M. Andrew M. Schwartz, the firm’s founder, 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. Much of his career has centered on contract disputes, conflicts between co-owners, and the property fights that follow when business relationships break down.

Sundeep Nath, Senior Counsel, is 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 a file knows it well, and a client who calls gets someone who can speak to the case. The firm keeps a strict 24 hour return call policy when attorneys are in court, and it is experienced in mediation and arbitration as well as trial work, aiming for the resolution that fits a client’s goals and budget.

The firm’s results include a recent commercial real estate matter in Broward County. After a 5-day bench trial, the Circuit Court issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract, meaning the court ordered the deal completed rather than leaving the client with only a damages claim. That is the kind of case that turns on contract wording and the parties’ history, and it is the level of preparation we bring to every file. Many of our clients live out of state, including in New York, New Jersey, and Connecticut, and we handle the local court appearances so they do not have to travel for every hearing. A good share of our work also comes from referrals by other attorneys.

Real Estate Problems We Handle for Riviera Beach Property Owners

• Failed Closings and Purchase Contract Disputes: A buyer who cannot or will not close, a seller who receives a better offer, or a dispute over inspection and financing terms can leave a deposit in limbo. Specific performance, which asks the court to order the sale completed, must be pursued within one year, so delay can cost you the remedy.
• Partition of Co-Owned Property: When owners cannot agree to keep, sell, or divide a property, Florida courts can divide it physically or order a sale and split the proceeds. This is common with former business partners, siblings who inherited a house, and unmarried couples.
• Heirs Property: Land passed down among relatives without a clear agreement is treated differently from ordinary co-owned property. Florida’s heirs property rules can steer the case toward alternatives to a forced sale, which matters in long-held family neighborhoods.
• Quiet Title Actions: When someone else holds a deed or asserts a competing claim, a suit can cancel the cloud on title and establish who owns the land. The owner generally has to trace title back at least seven years before filing.
• Adverse Possession Claims: Florida allows ownership claims based on seven years of continuous possession under a claim of title, with specific filing and recording requirements. We advise both people asserting these claims and owners defending against them.
• Commercial Lease and Landlord-Tenant Matters: Notice deadlines for residential tenancies are short and strict, and mistakes in a notice can derail an eviction. Commercial leases turn more heavily on the written agreement itself.
• Co-Owner and Business Partner Property Disputes: When an LLC or partnership owns the real estate, a breakup of the owners becomes a property dispute too, involving buyouts, dissolution, and emergency relief to keep assets from being moved.
• Real Estate Transactions: We handle commercial and residential transactions on the front end, because contract language drafted carefully is often what keeps a later dispute from happening.

What To Do When a Property Dispute Lands on Your Desk

Start by gathering paper before you start arguing. Pull the signed contract and every amendment, the deed, any title insurance policy, the closing statement, texts and emails with the other side, and records of money paid for taxes, insurance, repairs, and mortgage payments. In co-ownership fights, proof of who paid what often drives the outcome, so keep every receipt. Resist the urge to send an angry message or change the locks; statements made in the heat of the moment tend to resurface in court.

Next, identify which deadline governs your problem. Florida gives five years to sue on a contract founded on a written instrument and four years on an oral or implied one. A claim to rescind a contract has four years. Fraud claims run four years from discovery, with an outer cap of twelve years. Specific performance has the shortest window at one year. An action to recover real property generally requires that the claimant or a predecessor was in possession within seven years before filing. If your situation might fit more than one theory, we look at all of them, because the shortest clock may be the one that matters most.

Most substantial real estate cases in this area are filed in the Circuit Court of the Fifteenth Judicial Circuit, which sits in and for Palm Beach County, because county courts are limited to claims up to a threshold set by statute and circuit courts take the larger disputes. If the property or the opposing party is in Broward County, the case may belong in the Circuit Court of the Seventeenth Judicial Circuit, which also has a complex business division for larger business and construction disputes. A quiet title suit can be filed in any county where any part of the land sits. Federal court becomes an option when the parties are from different states and the amount at stake qualifies, and the Southern District of Florida holds court in West Palm Beach and Fort Lauderdale.

Expect these cases to move in stages: a demand or notice, a complaint, a response, written discovery and depositions, mediation, and then trial if the case does not settle. Many do resolve at mediation once documents are exchanged and each side sees the other’s evidence. If assets or the property itself are at risk of being sold, encumbered, or stripped, an early motion for a temporary injunction can freeze things in place while the case proceeds, and that is worth raising at the first consultation rather than months in.

How Partition and Quiet Title Cases Actually Play Out

A partition case begins with a complaint that describes the land, names each owner, and states what share each holds. The court enters a judgment of partition and appoints three commissioners, chosen by the court unless the parties agree on them. If the commissioners report that the land cannot be fairly divided, the court can order it sold at public auction and divide the proceeds by ownership share. A sale can sometimes be made on credit for good cause, but at least one-third of the purchase money must be paid at the outset unless everyone consents otherwise. For a single house on a standard lot, a forced sale is the realistic outcome, which is why negotiated buyouts between owners are so common.

Heirs property gets different treatment. If relatives inherited land as tenants in common without a binding agreement, and at least one qualifying condition applies, such as relatives holding twenty percent or more of the interests, the court must apply the Uniform Partition of Heirs Property Act unless all cotenants agree otherwise. Under that framework, a division in kind is not ordered unless the court is satisfied the appointed commissioners weighed the statutory factors and found that dividing the land would prejudice the owners as a group. For families holding property across generations, that framework often protects the relative who wants to keep the land.

Quiet title cases work differently. They are filed in chancery, the court’s equity side, and the plaintiff must show a chain of title reaching back at least seven years unless the court orders otherwise. Where the claim rests on a fraudulent attempted conveyance, Florida’s summary procedure statute lets the court move the case up on its calendar. Adverse possession adds its own requirements: seven years of continuous possession, and for claims under color of title, recording of the underlying instrument. The claimant must also file a return with a full legal description of the land. Because these cases involve technical proof, a gap in the record can sink an otherwise sympathetic claim.

Frequently Asked Questions About Riviera Beach Real Estate Disputes

When should I hire a real estate attorney instead of handling a dispute myself?

Hire one as soon as money, title, or possession is contested. A lawyer can often stop a problem from becoming a lawsuit, and if a suit is unavoidable, early involvement protects deadlines and evidence. Waiting until the other side files can cost you leverage.

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

For a contract founded on a written instrument, five years. For an oral or implied contract, four. If you want the court to order the sale completed rather than award damages, that specific performance claim must be brought within one year, so it is the one that most often gets lost to delay.

What is specific performance, and can it apply to a house or commercial building?

Specific performance is a court order requiring a party to carry out a contract, which courts treat as especially appropriate for real property because each parcel is unique. We secured such a judgment for a client in a commercial real estate matter after a bench trial.

Can one co-owner force the sale of a property we own together?

Generally yes. A co-owner can file a partition action, and if the property cannot be divided fairly, the court can order it sold and the proceeds shared according to ownership interests. Other owners can sometimes negotiate a buyout to avoid an auction.

What is a quiet title action and who files one?

It is a suit asking the court to determine who owns land and to remove competing claims, including a deed or other document that clouds title. Owners file when a sale or refinance is blocked, when someone records a false claim, or when old ownership gaps surface.

My family inherited a house together and one sibling wants to sell. What are my options?

If you own as tenants in common and there is no binding agreement, the property may qualify as heirs property under Florida’s partition act for heirs property. That can give relatives who want to keep the home more time and options than an ordinary partition would, including opportunities to buy out the seller.

Can someone take my property by living on it for seven years?

It is possible but difficult. The claimant must show actual, continuous possession under a claim of title for seven years, and must meet specific filing and, in some cases, recording requirements. Owners who monitor their property and act when they discover someone occupying it are far better protected.

How long does a real estate lawsuit usually take in Palm Beach County?

It depends on the issues, the number of parties, and how contested the facts are. Straightforward matters can resolve in months through negotiation or mediation, while cases that go to trial take considerably longer. Emergency motions for injunctive relief can be heard much sooner than the case itself.

I live in New York and own property in Riviera Beach with a former partner. Do I have to travel for hearings?

Generally not for routine matters. We handle the local court appearances and keep you informed, and many conferences can be set by phone at times that work for everyone. We regularly represent clients from New York, New Jersey, and Connecticut with South Florida property.

What notice does a landlord have to give before ending a Florida residential tenancy?

For unpaid rent, the landlord must deliver written demand for payment or possession, and the tenant has 3 days, excluding weekends and court-observed holidays, before the lease can be terminated. For other violations that can be cured, the notice must give 7 days to fix the problem. For violations that cannot be cured, a 7-day notice to vacate applies. Accepting partial rent after a notice does not waive the landlord’s rights, but it triggers specific requirements about how it is handled.

Can a business partner dispute turn into a problem with our real estate?

Often, yes. If an LLC or partnership owns the property, a deadlock or misconduct among owners can lead to judicial dissolution, a court-appointed receiver or custodian, or a buyout of one owner’s interest. Courts can also issue injunctions to preserve assets while the case is pending.

Do I need a lawyer for a smaller property dispute?

County courts handle claims up to a statutory limit, and small claims handle lower amounts, but title and ownership questions often carry value well beyond the dollar figure on a demand letter. A short consultation can tell you whether the claim is worth pursuing and in which court.

Serving Real Estate Clients Across Riviera Beach and South Florida

We represent property owners in Riviera Beach and the surrounding Palm Beach County communities, including West Palm Beach, Palm Beach Gardens, Lake Park, North Palm Beach, Juno Beach, Jupiter, Royal Palm Beach, Wellington, Lake Worth Beach, Boynton Beach, Delray Beach, Boca Raton, and Belle Glade. Our work extends south into Broward County, where we serve clients in Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Plantation, and Hollywood.

Whether the property is a waterfront parcel, a commercial building, a rental, or a family home passed down through generations, we handle the transaction or dispute from the first contract review through trial where necessary. We also serve clients from New York, New Jersey, and Connecticut who hold real estate or business interests anywhere in South Florida.

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

If a closing has collapsed, a co-owner is pushing for a sale, a deed looks wrong, or a lease dispute is escalating, a conversation with a Riviera Beach real estate lawyer at the Andrew M. Schwartz Legal Team can tell you which options remain and how much time you have. Call to schedule a consultation, and we will look at your documents and give you a candid view of the best path forward.