Riviera Beach Real Estate Transactions Attorney

The Andrew M. Schwartz Legal Team represents buyers, sellers, investors, landlords, and co-owners whose property deals in Riviera Beach and across Palm Beach County and Broward County have stalled, soured, or gone to court. A Riviera Beach real estate transactions attorney earns their keep when a contract is signed but the closing is not, when a title problem surfaces after the deposit is paid, or when a partner on the other side decides the deal no longer suits them.

Riviera Beach has a mix that produces its own kind of transaction work: waterfront and marina-adjacent parcels near the Intracoastal, commercial and industrial property tied to the port area, older residential lots that have passed through families, and investor-owned rental stock. Each of these brings different pressure points. A waterfront buyer is thinking about survey lines and access rights. An industrial buyer is thinking about use restrictions and timing. A family selling an inherited house is often discovering for the first time that title is not as clean as everyone assumed.

Most real estate disputes are decided long before anyone files a complaint, in the wording of the contract and in what each side did or failed to do in the weeks after signing. That is where we focus: getting the transaction right on the front end, and, when a deal breaks, knowing precisely what the paper allows.

Why Choose the Andrew M. Schwartz Legal Team for Riviera Beach Real Estate Matters

The Andrew M. Schwartz Legal Team is a South Florida business and real estate litigation firm that serves clients in Riviera Beach, West Palm Beach, Boca Raton, Fort Lauderdale, and throughout Palm Beach County and Broward County. Founder Andrew M. He earned his undergraduate degree at Emory University in 1986 and his law degree at 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, meaning everyone working on a matter knows the file and can answer when a client calls. There is a strict 24 hour return call policy when we are in court or otherwise unavailable, and scheduled conference calls can be arranged around your calendar.

For a real estate client, litigation experience changes how a transaction is handled. Contracts written by someone who has tried contract disputes tend to close the gaps that cause trouble later. The firm’s recent record reflects that: after a five-day bench trial in Broward County, the Circuit Court issued a 32-page final judgment in May 2024 awarding our client specific performance of a commercial real estate contract. Forcing a seller to close is a demanding remedy, and it depends on the contract language and on how the buyer conducted itself throughout.

We also take referrals from other attorneys, including out of state lawyers whose clients own Florida property and Florida lawyers who do not handle real estate litigation. Clients from New York, New Jersey, and Connecticut with property or business interests in South Florida can rely on us for the local court appearances so they do not have to travel for every hearing. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and we look for the result that fits the client’s goals and budget.

Where Riviera Beach Real Estate Transactions Go Wrong

• Failed Closings and Contract Breaches: A buyer cannot close, a seller walks away for a higher offer, or a financing contingency is argued over. These cases turn on the contract’s deadlines, default provisions, and deposit terms, and on whether the party seeking to enforce was itself ready, willing, and able to close.
• Specific Performance Claims: Because each parcel is treated as unique, a buyer may ask the court to compel the sale rather than accept damages. Florida sets a one-year limitations period for specific performance actions, so waiting to see whether the other side relents can forfeit the remedy.
• Title Defects and Quiet Title Actions: Competing claims, an old conveyance that was never cleaned up, or a recorded instrument that clouds ownership can stop a sale cold. A quiet title action in circuit court asks the judge to determine who owns the land and cancel the cloud, and the plaintiff generally must trace title back at least seven years.
• Partition of Co-Owned Property: Former business partners, siblings who inherited a Riviera Beach house, unmarried couples, and investors who want out of a shared deal can ask the court to divide the property or order it sold and split the proceeds. Inherited property held among relatives may fall under special heirs property rules that change how a forced sale is handled.
• Commercial Lease and Landlord-Tenant Disputes: Unpaid rent, lease defaults, and terminations on commercial and residential rental property. Residential nonpayment starts with a written three-day demand, excluding weekends and court holidays, and the form of the notice matters.
• Adverse Possession and Boundary Claims: Someone has used land for years, fenced it, or claims it as their own. A claim without color of title requires seven years of actual, continuous, exclusive possession under a claim of title, plus a return filed with the property appraiser.
• Co-Investor and Partner Disputes Over Property: When property is held through an LLC or partnership and the owners deadlock, the real estate becomes the center of a business divorce, sometimes requiring injunctive relief to stop a sale or transfer while the case is pending.

How These Cases Typically Unfold

A real estate dispute usually starts with a letter, not a lawsuit. One side asserts a default, demands performance, or claims the deposit; the other side disputes it. At this stage the most valuable thing a lawyer does is read the contract carefully: the closing date, any time-is-of-the-essence language, inspection and financing contingencies, the notice provisions, and the remedies clause. Many disputes are resolved here, through negotiation or a short extension, because both sides see what the paper actually says.

When that fails, the case moves to court. Disputes over land, title, partition, and specific performance are heard in circuit court, which for Riviera Beach means the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County. For property or parties in Broward, the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County hears the case, and that circuit also has complex business divisions for larger commercial matters. Federal court is possible when diversity or federal questions are involved, through the Southern District of Florida, which holds court in West Palm Beach and Fort Lauderdale.

Early in a contested case, the question is often whether something must happen immediately. A seller threatening to convey the property to someone else, or a co-owner about to record a lien, may call for emergency injunctive relief to hold the status quo. Many cases then move through discovery and mediation, where a large share settle. Those that do not go to a bench trial, which is how real estate cases in equity are commonly decided. The case that produced our 32-page judgment in Broward County ran that course.

What to Do Right Now If a Riviera Beach Property Deal Is Falling Apart

Start by stopping the informal back-and-forth. Texts and emails conceding a delay, offering a new price, or suggesting you might walk can alter the legal picture. Before you send another message about the deal, gather the signed contract, every amendment, the earnest money records, the title commitment, any survey, and the full correspondence trail. Those documents will decide most of what happens next.

Next, identify your clock. Florida generally allows five years to sue on a written contract, four years for oral or implied contracts, and four years to rescind, while an action for specific performance must be brought within one year. Fraud claims run four years from discovery, subject to an outer limit of twelve years. A claim to recover real property is barred unless the claimant or a predecessor held possession within seven years. If a professional such as a closing agent or surveyor contributed to the loss, a malpractice claim carries its own two-year period that runs from discovery. These deadlines apply to different claims on the same facts, which is one reason to have the file reviewed early.

If the issue is a landlord-tenant problem, follow the statutory notice requirements exactly. For unpaid residential rent, the landlord’s written demand gives the tenant three days, excluding Saturdays, Sundays, and court holidays, to pay or leave. Accepting partial rent after the notice does not waive the right to terminate, but it must be handled correctly, through a receipt stating the amount and the new balance, a deposit of the money into the court registry, or a fresh notice. For other curable violations, the notice must give seven days to cure; for noncurable ones, the landlord can give a seven-day notice to vacate.

For court filings, circuit civil matters in Palm Beach County are handled through the Clerk at the main courthouse in West Palm Beach, with branch courthouses serving North County, South County in Delray Beach, and the western communities. Disputes up to the county court limit go to county civil court; larger ones belong in circuit court. Do not assume where your case belongs; choosing the wrong court costs time. And do not record documents, change locks, or take possession of disputed property without advice, since a self-help step can turn a strong claim into a defense.

Partition, Title, and Co-Ownership Disputes in Detail

Co-ownership is where Riviera Beach real estate disputes often get personal. A partition action is brought in chancery. The complaint must describe the land, name the owners and where they live, and state each owner’s share. If the property can be divided fairly, the court may appoint three commissioners to divide it. If it cannot be divided without prejudice to the owners, the court may order it sold at public auction and divide the proceeds by ownership interest. A sale on credit is possible for good cause, but at least one-third of the price must be paid down unless everyone agrees otherwise.

Inherited property gets different treatment. Under Florida’s Uniform Partition of Heirs Property Act, real property held as tenants in common, where at least one owner took title from a relative and certain further conditions are met, including that twenty percent or more of the interests are held by relatives, is partitioned under special rules. These can give other cotenants a chance to buy out the party seeking partition, and a partition in kind is not ordered unless the commissioners considered the statutory factors. Families who assume a forced sale is automatic are often surprised.

Quiet title cases solve a different problem. A person holding a deed or other evidence of title who is not the rightful owner can cloud a property so that it cannot be sold or financed. A quiet title complaint may be filed in any county where any part of the land lies, and where the claim rests on an allegedly fraudulent conveyance, the statute provides a summary procedure and priority on the court’s calendar.

Frequently Asked Questions About Riviera Beach Real Estate Transactions

What does a real estate transactions attorney actually do in Riviera Beach?

We draft and review purchase and sale contracts, leases, and related documents, advise on title and closing issues, and step in when a deal breaks down. Because the firm also litigates, we handle failed closings, contract disputes, title problems, partition, and landlord-tenant matters when they turn contested.

Do I need a lawyer to buy or sell property in Florida?

Florida does not require one for every transaction, but contracts for commercial property, investment deals, inherited property, and sales among related parties carry enough risk that legal review before signing is worth the cost. Fixing a bad clause before closing is far cheaper than litigating it afterward.

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

For a claim founded on a written contract, Florida allows five years. A claim on an oral or implied contract has four years. A claim for specific performance, which asks the court to force the sale, must be brought within one year. Which period applies depends on how the claim is framed, so confirm before assuming you have time.

Can I force a seller to close on a property I contracted to buy?

Possibly. Courts treat land as unique and may order specific performance if the contract is enforceable and the buyer was ready, willing, and able to close. We obtained a final judgment awarding specific performance of a commercial real estate contract after a five-day bench trial. The outcome depends on the contract terms and the buyer’s own conduct.

What happens to my deposit if the deal falls through?

That is governed by the contract’s default and deposit provisions, along with any contingencies. If a financing or inspection contingency was properly exercised, the buyer may be entitled to the deposit back. If the buyer defaulted, the seller may be entitled to keep it. Disputed deposits are often held by an escrow agent until the parties agree or a court decides.

What is a quiet title action and when is it needed?

It is a lawsuit asking the court to determine who owns land and to cancel any conveyance or recorded claim that clouds the title. It is used when competing claims, a defective deed, or an unresolved interest prevents a sale or financing. The plaintiff generally must trace title back at least seven years.

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

Generally yes. A co-owner can ask the court for partition, and if the property cannot fairly be divided, the court may order it sold at public auction with proceeds split according to ownership interests. If the property was inherited among relatives, special heirs property protections may apply and can change the outcome.

Is a verbal agreement to sell real estate enforceable in Florida?

Contracts for the sale of land generally must be in writing to be enforced. Even where some claim survives on a different theory, such as an implied contract, the time limit and proof burden differ, and the case is much harder. Get the deal in a signed writing.

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

There is no fixed answer. The Fifteenth Circuit assigns civil cases to differentiated case management tracks, so timing depends on complexity. Simple matters can resolve in months; contested ones that go through discovery and a bench trial take considerably longer. Early mediation often shortens the path.

I live in New York and own property in Riviera Beach. Can you handle a dispute for me?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut with South Florida property and business interests. We handle the local court appearances and keep you informed so you are not traveling for every hearing.

Can an emergency injunction stop a property sale?

In appropriate cases, yes. When a co-owner or seller is about to transfer, encumber, or dissipate a property or its proceeds, a court can issue temporary injunctive relief to preserve the status quo while the dispute is decided. The court weighs the likelihood of success and the risk of irreparable harm, so the request must be supported by solid documentation.

Do all real estate disputes end up in court?

No. Many resolve through negotiation, mediation, or arbitration, particularly where the contract requires it. Our attorneys are experienced in mediation and arbitration as well as litigation, and we pursue the route most likely to achieve your goals efficiently.

Serving Real Estate Clients Across Riviera Beach and South Florida

We represent clients in Riviera Beach and the neighboring communities of Palm Beach Shores, Singer Island, Lake Park, North Palm Beach, and West Palm Beach. Our work extends throughout Palm Beach County, including Palm Beach Gardens, Jupiter, Juno Beach, Tequesta, Wellington, Royal Palm Beach, Lake Worth Beach, Greenacres, Boynton Beach, Delray Beach, and Boca Raton.

We also serve clients in Broward County, from Deerfield Beach and Pompano Beach to Fort Lauderdale, Hollywood, Plantation, and Coral Springs, where property disputes may be heard by the Seventeenth Judicial Circuit or the federal court in Fort Lauderdale. Investors, landlords, and co-owners from New York, New Jersey, and Connecticut with Florida holdings work with us as well, and we welcome referrals from other attorneys whose clients need local real estate counsel.

Speak With a Riviera Beach Real Estate Attorney Today

If a contract is in dispute, a closing has collapsed, a title problem is blocking a sale, or a co-owner is forcing the issue, speak with a Riviera Beach real estate attorney at the Andrew M. Schwartz Legal Team before you take another step. Bring the contract and whatever correspondence you have. We will tell you where you stand, what the deadlines are, and which path makes sense for your goals and budget. Call to schedule a consultation.