South Florida Real Estate Litigation Attorney

A property dispute in Palm Beach or Broward County rarely stays confined to the property. A failed commercial closing ties up capital, a co-owner who will not sell freezes an inheritance, and a cloud on title can stop a refinance cold. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners, investors, and families throughout South Florida, and a South Florida real estate litigation attorney from the firm can step in at the point where negotiation has stalled and a court has to decide who holds what.

The cases that reach us tend to fall into a few recognizable shapes: a buyer or seller who will not perform a purchase and sale contract, co-owners who cannot agree to keep or sell a shared property, competing claims of ownership that need a judge’s ruling, and landlord-tenant conflicts that have moved past a letter. Each one runs on its own clock and its own statute, and choosing the wrong vehicle or missing the window can end a claim before it is heard.

The firm serves clients in Palm Beach County, Broward County, and across South Florida, including owners who live in New York, New Jersey, and Connecticut but hold property or business interests here.

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 Palm Beach County, Broward County, Boca Raton, West Palm Beach, and Fort Lauderdale. The firm’s lead litigator, Andrew M. Schwartz, has spent 37 years in litigation and has practiced in Florida since being admitted to The Florida Bar in 1989. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. His career has centered on complex contract disputes, which is the foundation of almost every real estate case: a purchase agreement, a lease, a loan document, or an operating agreement that someone says means something different from what the other side believes.

Sundeep Nath, Senior Counsel, is a Northwestern-trained litigator with years of experience in business and real estate cases in both state and federal courts. That matters when a dispute could be filed in either forum, or when a case that starts in one may be removed to the other.

The strongest recent proof of the firm’s work in this area is a commercial real estate contract case in Broward County. After a five-day bench trial, the Circuit Court issued a 32-page final judgment in May 2024 awarding the firm’s client specific performance of the contract, meaning the court ordered the deal to be carried out rather than simply awarding money. Specific performance is among the hardest remedies to win, because it asks a judge to compel a transaction, and it reflects the kind of detailed, record-driven trial preparation the firm brings to contract cases that turn on exact wording and the parties’ history of dealing.

The firm practices as a true legal team, so 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 attorneys are in court. Andrew Schwartz’s stated view is that clients often think they want the most aggressive lawyer available, when what they usually need is someone who acts as the situation requires and uses finesse when finesse will do. The firm is experienced in mediation and arbitration as well as courtroom litigation, and looks for the resolution that fits the client’s goals and budget. A significant part of the practice also comes from referrals by other attorneys, including out of state counsel whose clients have Florida property disputes; the firm handles the local court appearances so those clients do not have to travel for every hearing.

Types of Real Estate Disputes We Litigate Across South Florida

• Failed Closings and Purchase Contract Disputes: Buyers who cannot obtain what they contracted for and sellers who walk away after a better offer both end up here. Remedies range from damages to specific performance, which has its own one-year limitations period, so the choice of remedy affects how quickly you must file.
• Partition Actions: When co-owners cannot agree, any owner may ask the court to divide the property or order it sold and the proceeds split. Common among former business partners, siblings who inherited property, unmarried couples, and investors who want out.
• Heirs Property Disputes: Florida applies a separate statutory framework to jointly inherited property held among relatives, with added protections that slow forced sales and give other family members a chance to buy out the party seeking partition.
• Quiet Title and Title Disputes: Competing deeds, clouded chains of title, and claims by someone who is not the rightful owner can be resolved by a suit asking the court to determine ownership and cancel the competing claim.
• Adverse Possession Claims: Florida recognizes ownership by long possession, but the statutes impose seven years of continuous possession and strict procedural requirements, including a legal description and recording rules when a claim rests on a defective instrument.
• Commercial Lease Disputes: Default, rent calculations, personal guaranties, and wrongful termination claims between commercial landlords and tenants, often turning on the precise lease language.
• Residential Landlord and Tenant Matters: Nonpayment, lease violations, and tenancy terminations governed by Florida’s statutory notice rules, where a defective notice can derail an eviction.
• Real Estate Held Through Business Entities: Property owned inside an LLC or corporation, where a partner dispute over the company is really a fight over the real estate it holds, sometimes calling for injunctions or judicial dissolution.

What to Do Now if a Property Dispute Is Heading to Court

Start by assembling the paper. The signed contract, every amendment and addendum, the deed, closing statements, correspondence, texts and emails about the deal, and any notices sent or received form the backbone of a real estate case, because these disputes are decided on documents far more often than on recollection. Do not alter, discard, or “clean up” anything. If you have not signed anything yet and the other side has proposed terms, stop and have the language reviewed first.

Next, identify the deadlines that apply to your claim, because they differ sharply. A claim on a written contract carries a five-year period, while an oral or implied contract claim has four years, a rescission claim four, and a fraud claim four years from discovery with an outer cap of twelve. A suit for specific performance has a one-year period, which surprises many owners who assume they have the full contract window. Negligence-based claims, including some professional malpractice theories against inspectors or other professionals, now carry two years for causes of action arising after March 2023. Because the period can depend on which remedy you pursue, waiting to “see how it plays out” can quietly forfeit the strongest option.

Where the dispute is urgent, such as a threatened sale, a transfer of assets, or a co-owner about to encumber the property, the right move may be emergency injunctive relief rather than a standard lawsuit. Courts can act quickly to preserve a property or funds while the underlying claim is decided, but only if the request is supported by evidence and filed before the harm is complete.

Where the case is filed depends on the property and the amount at stake. Disputes above the county court ceiling belong in circuit court, and real property cases such as partition and quiet title are equitable actions heard there. In Palm Beach County, the Fifteenth Judicial Circuit hears these matters, with the main civil courthouse in West Palm Beach and additional courthouses serving other parts of the county. In Broward County, the Seventeenth Judicial Circuit handles them, with its central courthouse in Fort Lauderdale and regional courthouses in Deerfield Beach, Hollywood, and Plantation. Broward also maintains a complex business division for large business and construction litigation, and a case may be filed directly into it only through the procedure set by administrative order. A quiet title complaint may be filed in any county where part of the land sits, which can matter for properties spanning a county line. Federal claims or diversity cases may belong in the Southern District of Florida, which holds court in Fort Lauderdale and West Palm Beach.

The most common mistake owners make is acting unilaterally: changing locks, withholding rent, refusing to close, or accepting partial payments without understanding the consequences. In a nonpayment eviction, for example, a landlord who accepts partial rent after serving the three-day notice must follow specific steps or serve a fresh notice, and a tenant who stops paying without following the statutory process can lose protections. Talk to counsel before the first irreversible step, not after.

Partition, Quiet Title, and the Remedies Behind Them

Partition and quiet title are the two statutory actions that most often decide who ends up with a South Florida property, and they work very differently.

A partition action is brought in the equity side of the circuit court. The complaint must describe the land, name the owners and where they live, and state what share each holds. If the court enters a judgment of partition, it appoints three commissioners, chosen by the court unless the parties agree on them, to examine whether the property can be divided fairly. If the commissioners report that division would prejudice the owners, the court may order the property sold at public auction and the proceeds divided in proportion to each owner’s interest. The court can allow a sale on credit for good cause, but at least one-third of the purchase price must be paid at the outset unless everyone consents otherwise.

Heirs property changes the analysis. In those cases the court cannot simply order a sale. Partition in kind is permitted only after commissioners weigh the statutory factors and find that dividing the land would prejudice the cotenants as a group. For families holding inherited South Florida real estate, which is often valuable and often contested, this framework can be the difference between keeping a property and being forced to liquidate it.

A quiet title action addresses a different problem: a competing claim to ownership. The court has authority to determine title where two or more people claim the same land, and to cancel a conveyance or other instrument held by someone who is not the rightful owner. The plaintiff generally must trace title back at least seven years before filing, unless the court orders otherwise. Where the claim rests on an alleged fraudulent attempted conveyance, the statute provides for summary procedure and calendar priority, which can speed resolution. Possession matters in the background as well: a suit to recover real property is barred unless the plaintiff or a predecessor was in possession within seven years before filing.

When the property sits inside a company, the dispute often surfaces as a business divorce. A court may dissolve an LLC on a member’s petition on grounds that include management deadlock with threatened irreparable injury, misappropriation or waste of assets, or illegal or fraudulent conduct by those in control. Before dissolving, the court can appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member. Operating agreements sometimes contain deadlock sale provisions that, if properly initiated first, can take priority over a judicial dissolution order. For corporations, shareholders have a parallel track, and the corporation or other shareholders may elect to buy out a petitioning shareholder at fair value, with a 60-day window to agree on price and terms before the court steps in.

Real Estate Litigation Questions Owners Ask

What does a real estate litigation attorney actually do?

A real estate litigator handles disputes over property ownership, contracts to buy or sell, leases, and co-ownership, representing clients in negotiation, mediation, arbitration, and court. The work includes evaluating claims against the written agreements, selecting the right cause of action, seeking emergency relief when assets are at risk, and trying the case if it does not settle.

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

For a claim founded on a written contract, Florida allows five years. An oral or implied contract claim has four years, and an action to rescind a contract has four. Fraud claims run four years from discovery, with a twelve-year outer limit. Because periods differ by claim, the safest approach is to have the timeline reviewed as soon as a dispute arises.

Is the deadline shorter if I want the court to force the sale to go through?

Yes. An action for specific performance carries a one-year limitations period, far shorter than the five-year window for a damages claim on the same written contract. Owners who want the deal completed rather than compensated should not assume they have years to decide.

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

Often, yes. Any co-owner may ask the court for partition, and if the property cannot fairly be divided the court may order a sale and split the proceeds. Heirs property receives additional protection, including a process that gives other cotenants a chance to buy the requesting owner’s interest before a sale is ordered.

What is the difference between partition and quiet title?

Partition separates the interests of people who agree they co-own a property but cannot agree what to do with it. Quiet title resolves who owns the property in the first place when claims compete or a recorded instrument clouds ownership. The two can overlap, and some disputes require both.

My business partner and I own real estate through an LLC. Can we still use partition?

Not directly, because the company owns the property rather than the individuals. The dispute typically proceeds through the LLC’s governing documents and, if necessary, a judicial dissolution proceeding or a buyout of one member’s interest. The operating agreement may also contain a deadlock sale mechanism that controls the outcome.

Can I stop a co-owner or partner from selling or mortgaging property while we litigate?

In appropriate cases, yes. Courts can issue temporary injunctions to preserve property and funds while a dispute is pending, and in a dissolution proceeding the court may appoint a receiver or custodian after notice and a hearing. These remedies depend on a prompt, well-supported request.

How long does a real estate case take in Palm Beach or Broward County?

It varies with the complexity of the claim, whether the facts are disputed, and how the court manages the case. Palm Beach assigns civil cases to differentiated tracks, and Broward has a complex business division for larger matters. Simple partitions with cooperative owners can resolve faster than contested title disputes or cases that go to a bench trial.

Does adverse possession really let someone claim my land?

It can, but the requirements are demanding. The claimant generally needs seven years of actual, continuous, exclusive possession under a claim of title, plus compliance with filing and legal-description requirements. If someone is occupying part of your property without permission, address it early rather than letting the years accumulate.

I live in New York and own property in South Florida. Do I need to travel for the case?

Generally not for every hearing. The firm regularly represents clients from New York, New Jersey, and Connecticut, handling local court appearances and keeping out of state clients informed at each stage, including through scheduled conference calls.

Do all real estate disputes have to be tried in court?

No. Many resolve through negotiation, mediation, or arbitration, and the firm is experienced in each. Where a contract requires arbitration or mediation first, that process may be mandatory, and even when it is not, a negotiated outcome can save considerable time and expense.

Is it worth hiring a lawyer for a smaller property dispute?

Often, because the cost of a misstep is not tied to the dispute’s size. A defective eviction notice, a missed limitations period, or an improperly framed claim can cost more than the dispute itself. A short review of the documents can tell you whether the claim justifies litigation or whether a negotiated solution makes more sense.

Serving Real Estate Litigation Clients Across Palm Beach and Broward Counties

Our work for property owners begins in Palm Beach County, where we represent clients from Boca Raton and Delray Beach through Boynton Beach, Lake Worth Beach, and West Palm Beach, and north into Palm Beach Gardens, Jupiter, Royal Palm Beach, and Wellington. We also serve owners in the western communities of the county, including Belle Glade, for disputes ranging from inherited parcels to commercial holdings.

In Broward County, we serve clients in Fort Lauderdale, Pompano Beach, Deerfield Beach, Coral Springs, Parkland, Plantation, Sunrise, Davie, Hollywood, and Pembroke Pines, as well as neighboring communities across the county. Whether the property is a waterfront residence, a commercial building, an investment parcel, or a family home passed down through generations, the same questions of ownership, performance, and control arise.

Throughout South Florida, we also represent owners who live elsewhere, including clients from New York, New Jersey, and Connecticut, and we work alongside referring attorneys whose clients have Florida real estate disputes.

Speak With a South Florida Real Estate Litigation Lawyer

When a contract has failed, a co-owner has dug in, or a claim to your property has surfaced, the options narrow as the deadlines approach. The Andrew M. Schwartz Legal Team can review your documents, explain which remedies are realistic, and tell you candidly whether the path forward is negotiation, mediation, or a courtroom. Contact our South Florida real estate litigation lawyer team today to discuss your dispute and the timeline that applies to it.