South Florida Real Estate Transactions Attorney

A real estate deal in Palm Beach or Broward County usually involves a lot of money riding on a few documents, and the problems tend to surface at the worst moment: a week before closing, after a deposit is at risk, or years later when a co-owner or neighbor claims something you thought was settled. The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Palm Beach County, Broward County, and clients from New York, New Jersey, and Connecticut who hold property here, and it handles the transactional side of real estate with a litigator’s eye for where deals break down.

That perspective matters when you are looking for a South Florida real estate transactions attorney. A contract that reads fine on signing day can look very different after a failed closing, a title surprise, or a dispute over what the seller promised. Lawyers who spend their careers in courtrooms read purchase agreements differently, because they have seen which clauses get fought over and which ones hold up.

Whether you are buying an investment property with partners, selling commercial space, signing a lease, or inheriting a share of a building with siblings, the choices made at the front end of the transaction decide how much trouble you can have at the back end. The sections below cover the kinds of transactions that tend to go wrong, what to do when they do, and how Florida’s deadlines and courts shape your options.

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

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s most difficult business and real estate disputes, with clients throughout Boca Raton, West Palm Beach, Fort Lauderdale, and the rest of Palm Beach and Broward Counties. 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 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 contract disputes, which is exactly the skill set a real estate transaction demands.

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. The firm works as a true legal team, so everyone handling your file knows it, and a strict 24 hour return call policy applies when the attorneys are in court or otherwise unavailable.

The firm’s results show up in real estate cases. After a 5-day bench trial in Broward County Circuit Court, the court issued a 32-page final judgment in May of 2024 awarding the firm’s client specific performance of a commercial real estate contract. That outcome is a good illustration of why careful drafting and a litigation-ready mindset go together. The firm also handles real estate transactions and litigation for commercial and residential clients, including failed closings, purchase and sale contract disputes, and landlord and tenant matters, and many clients come to the firm through referrals from other attorneys.

Where South Florida Real Estate Transactions Tend to Go Wrong

• Purchase and Sale Contract Disputes: Disagreements over inspection rights, financing contingencies, deposit forfeiture, and whether a party was truly ready, willing, and able to close are the most common triggers for litigation in both residential and commercial deals.
• Failed Closings: A buyer who cannot fund, a seller who gets a better offer, or a lender who pulls out can leave the other side holding carrying costs and lost opportunities, and the contract’s remedies clause often decides what recovery is realistic.
• Commercial Lease Negotiations and Defaults: Retail, office, and industrial leases in Palm Beach and Broward Counties often run for years, and disputes over rent escalations, operating expense pass-throughs, personal guarantees, and exclusivity can be as costly as a purchase gone wrong.
• Title Defects and Competing Ownership Claims: Liens, gaps in the chain of title, and conflicting claims to the same parcel may call for a quiet title action, which Florida courts hear in equity and which can be filed in any county where part of the land sits.
• Co-Owned Property and Partition: Former business partners, siblings who inherited a building together, unmarried couples, and investors who want out of a shared deal may need to ask a court to divide the property or order its sale.
• Landlord and Tenant Matters: Nonpayment notices, termination notices, and partial rent acceptance each carry technical requirements under Florida’s landlord-tenant statute, and a misstep can undermine an otherwise valid eviction.
• Entity-Owned Real Estate: When property sits inside an LLC or corporation and the owners fall out, the real estate problem becomes a business divorce problem, with deadlocked management, disputed valuations, and sometimes judicial dissolution.

What to Do When a Real Estate Deal Is Slipping Away

Start by pulling together the paper. That means the signed contract and every addendum, the inspection and survey reports, emails and texts with the other side and with brokers, proof of deposits, and any lender communications. In real estate disputes, the history of how the parties dealt with each other often matters as much as the clause being argued over, so do not delete anything and do not rely on memory for dates.

Then read the contract for notice and cure provisions before you send a single message. Many Florida purchase agreements require written notice of default and give the other side a set period to fix the problem. Skipping that step, or sending notice the wrong way, can hand the other party an argument that you are the one in breach. Avoid the temptation to walk away from the deal or announce that you are terminating until someone has checked whether you have the right to do so.

Deadlines deserve attention early. A claim on a written contract generally has a five-year limitations period, while a claim on an oral or implied agreement has four years. A fraud claim runs four years from discovery, capped at 12 years overall. An action seeking to rescind a contract has four years. The one that catches people off guard is specific performance, which carries a one-year period. If you want a court to force a seller to convey the property, as the firm’s client did in the commercial case above, waiting is a risk you cannot afford. Negligence claims, such as some claims against a surveyor or inspector, have a two-year period, and non-medical professional malpractice claims also carry two years, running from when the claim was or should have been discovered.

Where you file depends on the money and the subject. Circuit courts in Florida hear disputes above the county court ceiling, and real estate claims involving title, partition, or equitable relief are heard in circuit court regardless. Palm Beach County cases go to the Fifteenth Judicial Circuit, and Broward County cases go to the Seventeenth Judicial Circuit. Broward also has complex business divisions within its circuit court that handle certain large business and construction matters, and a case can be filed directly into one of them using the procedure the circuit has set out. Federal court in the Southern District of Florida, which sits in Fort Lauderdale and West Palm Beach among other places, may come into play when the parties are from different states and the amount in controversy meets federal requirements, which is common when out-of-state investors are involved.

Finally, if money or property is at risk of disappearing while the dispute plays out, ask early about injunctive relief. The firm regularly seeks temporary and permanent injunctions to keep assets from being moved or encumbered while a case is pending.

Quiet Title, Partition, and the Problems That Outlast the Closing

Some of the hardest real estate disputes are the ones that show up long after a deal has closed. A quiet title action under Florida’s chapter 65 lets someone who claims legal or equitable title ask a court to cancel a conveyance or other record evidence of title held by a person who is not the rightful owner, and it covers situations where two or more people claim the same land under a common title. 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 attempt to convey, the statute provides for summary procedure and calendar priority, which can speed things along.

Adverse possession is the other side of the same coin. Florida requires actual, continuous possession for seven years under a claim of title, and a claimant relying on color of title must have recorded the instrument supporting the claim. Someone who has used a strip of land or an abandoned parcel for years may assert rights, and an owner who ignores the situation can lose ground. Florida law also bars suits to recover real property unless the plaintiff or a predecessor was in possession within the previous seven years.

Partition is the remedy when co-owners cannot agree. All partition actions are heard in equity. The complaint has to describe the land, name the owners, and state what each holds. The court appoints three commissioners, who report on whether the property can be divided fairly. If it cannot, the court may order a public sale and divide the proceeds by ownership share, and when a sale is on credit, at least one-third of the price must be paid down unless all parties agree otherwise. Inherited property gets special treatment. Florida’s Uniform Partition of Heirs Property Act applies to qualifying property held among cotenants where at least one acquired title from a relative and certain other conditions are met, such as relatives holding 20 percent or more of the interests. In those cases, the court cannot simply order a partition in kind or a sale without working through the statute’s factors and protections.

When the property is held through a company, the exit may run through the entity. Under Florida’s LLC statute, a member or manager can seek judicial dissolution where owners are deadlocked and irreparable injury is threatened, where assets are being misappropriated or wasted, or where it is no longer reasonably practicable to operate under the operating agreement. Courts can appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member. Corporations have a parallel framework, including the right of the corporation or other shareholders to elect to buy out a petitioning shareholder at fair value. Operating agreements and shareholder agreements often contain their own deadlock-sale provisions, and those can displace the court-ordered route if they are properly invoked in time, which is one reason to read them before filing anything.

Landlord and Tenant Rules That Trip People Up

Florida’s residential landlord-tenant statute sets precise notice requirements, and getting them wrong can sink an eviction case before it begins. For unpaid rent, the landlord must deliver a written demand for payment or possession, and the tenant has three days, not counting Saturdays, Sundays, or court-observed legal holidays, to pay or leave. For other lease violations that can be fixed, the landlord’s notice must give the tenant seven days to cure, and it must say that the lease will be terminated if the problem is not corrected. Some violations cannot be cured, such as intentional destruction of property or a continued unreasonable disturbance after a warning, and in those cases the landlord can give a seven-day notice to vacate without a cure period.

Accepting partial rent after serving a nonpayment notice is a common trap. A landlord who takes part of the rent does not automatically waive the right to terminate, but the landlord must either give the tenant a written receipt stating the date and amount received, the agreed date for the balance, and the balance due, deposit the partial payment into the court registry when filing, or serve a new three-day notice for the reduced amount. Tenants have their own remedies too: if a landlord materially fails to meet its obligations and does not fix the problem within seven days of written notice, the tenant may terminate. A tenancy with no fixed term can be ended by written notice following the statute’s requirements. Commercial leases follow different rules and are driven mostly by what the lease itself says, which is why drafting and review before signing pay off.

Real Estate Transactions Attorney FAQ for South Florida Buyers, Sellers, and Owners

When should I hire a lawyer for a real estate deal?

Before you sign. Contract terms on deposits, contingencies, default, and remedies are much easier to negotiate than to fix once a dispute starts. For commercial purchases, leases, and any deal involving co-owners or an entity, legal review at the front end is usually cheaper than litigation later.

What happens if the other side refuses to close?

Your options depend on the contract. You may be able to sue for damages, keep a deposit, or ask a court to order specific performance, meaning the court compels the sale. Specific performance has a one-year limitations period in Florida, so waiting to decide can cost you the remedy.

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

For a claim founded on a written contract, the period is five years. For an oral or implied contract it is four years, and for rescission it is four years. Fraud runs four years from discovery, with a 12-year outer limit. The shorter periods for specific performance and negligence-based claims make early action important.

Can a court force the sale of property I own with someone else?

Yes. Any co-owner can ask a Florida court for partition. If the property cannot be divided fairly, the court can order it sold and divide the proceeds by ownership share. Different rules apply to qualifying inherited property, which has added protections for the cotenants who want to keep it.

What is a quiet title action, and who files one?

It is a lawsuit asking the court to declare who owns land and to remove competing claims or cancel a conveyance that clouds title. Owners, buyers who discover a defect, and people separating themselves from title all use it. It can be filed in any county where part of the land is located.

If my partner and I own real estate through an LLC, can I force a sale?

Possibly. If the owners are deadlocked and the company is suffering irreparable injury, or if assets are being misused or wasted, a member can petition for judicial dissolution, and the court has tools such as a receiver, a custodian, or a buyout order. Your operating agreement may also contain a deadlock-sale mechanism that controls first.

I live in New York. Do I have to travel to Florida for hearings?

Not for every hearing. The firm regularly represents clients from New York, New Jersey, and Connecticut and handles the local court appearances while keeping you informed at each stage.

What if the seller lied about the property’s condition?

A fraud claim may be available, along with rescission of the contract in some cases. Fraud actions are measured from the date you discovered the problem, up to a 12-year cap, but you should preserve inspection reports, listing materials, and communications immediately.

Can a landlord accept part of the rent and still evict?

Yes, but the landlord has to follow the statute. Taking partial rent does not by itself waive the right to terminate, but the landlord must provide a proper written receipt, deposit the funds with the court when filing, or serve a new three-day notice reflecting the reduced amount.

Do real estate disputes always end up in court?

No. Many are resolved through negotiation, mediation, or arbitration, and the firm’s attorneys are experienced in all of them as well as courtroom litigation. The goal is the outcome that fits your objectives and budget, not a longer case for its own sake.

Do you work with other attorneys on real estate matters?

Yes. A significant part of the firm’s work comes through referrals from lawyers, including out-of-state attorneys whose clients have property disputes in Florida. Referring counsel stays informed throughout the matter.

Real Estate Transactions Counsel Across Palm Beach and Broward Counties

The firm’s real estate work reaches from Palm Beach County into Broward County. In Palm Beach County, clients come to us from Boca Raton, Delray Beach, Boynton Beach, Lake Worth, West Palm Beach, Palm Beach Gardens, Jupiter, Wellington, Royal Palm Beach, and Belle Glade. Those matters often run through the Fifteenth Judicial Circuit and its courthouses in West Palm Beach, Delray Beach, and elsewhere in the county.

In Broward County, we represent buyers, sellers, landlords, and investors in Fort Lauderdale, Pompano Beach, Deerfield Beach, Coral Springs, Parkland, Plantation, Hollywood, Davie, Weston, Sunrise, and Coconut Creek, with cases heard by the Seventeenth Judicial Circuit and, where the facts support it, the Southern District of Florida in Fort Lauderdale or West Palm Beach. We also serve property owners from New York, New Jersey, and Connecticut who hold real estate or business interests anywhere in South Florida and want local counsel who will handle the court work while they stay informed from afar.

Talk to a South Florida Real Estate Transactions Lawyer Today

Whether you are about to sign a contract, stuck in a deal that is coming apart, or sorting out a title or co-ownership problem that has been building for years, the Andrew M. Schwartz Legal Team can review your documents and tell you where you stand. Contact our South Florida real estate transactions lawyer team to schedule a consultation, and we will help you decide whether to negotiate, mediate, or file suit, based on what your goals and your budget actually call for.