Tamarac Real Estate Attorney

A closing that falls apart, a co-owner who will not sell, a tenant who stopped paying, a deed that does not match what everyone thought they owned: real estate problems in Tamarac tend to arrive with money already on the line. The Andrew M. Schwartz Legal Team handles real estate transactions and litigation for owners, investors, landlords, and families in Tamarac and across Broward County and Palm Beach County, and works as a Tamarac real estate attorney when a deal or a shared property turns contentious.

Tamarac is mostly a community of condominiums, townhomes, and single-family homes, along with rental units and small commercial parcels along its main corridors. That mix produces a particular set of disputes: contracts that die at the closing table, inherited homes held by several siblings, investors who bought together and now disagree, and title questions that surface only when someone tries to sell.

The decisions you make early, such as whether to sue, send a notice, negotiate, or wait, often matter more than anything that happens later. Some Florida deadlines are measured in a single year, and others in days. The sections below walk through the problems we see and the choices that come with them.

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

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Tamarac, Fort Lauderdale, Boca Raton, West Palm Beach, and the rest of Broward and Palm Beach Counties. Andrew M. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. His work centers on complex contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders, which is exactly the terrain where real estate fights over shared ownership tend to land.

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 team: everyone on a matter knows the file, and calls are returned within 24 hours when we are in court and cannot pick up.

Real results matter in this field. After a five-day bench trial in Broward County Circuit Court, the firm’s client received a 32-page final judgment granting specific performance of a commercial real estate contract, meaning the court ordered the deal to be carried out rather than leaving the client with only money damages. That kind of outcome depends on careful attention to contract wording and the history between the parties, which is how we prepare every case.

We also practice mediation and arbitration, and we look for the resolution that fits your goals and budget rather than stretching a case out. Many of our clients live in New York, New Jersey, or Connecticut and own property here; we handle the local court appearances so they do not have to travel for every hearing. Other attorneys also refer real estate matters to us, and we keep referring counsel informed throughout.

Real Estate Problems That Bring Tamarac Owners to Court

• Failed Closings and Purchase Contract Disputes: A buyer who walks away, a seller who accepts a better offer, or a financing or inspection dispute can all end in litigation. Remedies include damages, return of deposits, or an order compelling the sale.
• Partition of Co-Owned Property: When owners cannot agree, Florida’s partition statutes let a court divide the property or order it sold and the proceeds shared. This comes up among siblings, former partners, unmarried couples, and co-investors.
• Heirs Property: Homes passed down among relatives as tenants in common get special treatment under Florida’s Uniform Partition of Heirs Property Act, which adds protections before a forced sale.
• Quiet Title and Cloud on Title: Competing ownership claims, a bad conveyance, or a stray recorded instrument can be cleared through a quiet title action in circuit court.
• Landlord and Tenant Disputes: Nonpayment, lease violations, and wrongful terminations in residential and commercial rentals, governed by strict statutory notice rules.
• Business Partners Who Own Real Estate Together: When an LLC or partnership holds the property, the property fight and the business fight become one case.
• Missing Funds and Diverted Proceeds: A co-owner or manager who collects rent or sale proceeds and cannot account for them may face claims for an accounting and breach of fiduciary duty.
• Emergency Relief: When a property is about to be sold, encumbered, or damaged, a temporary injunction can freeze the situation while the case proceeds.

What to Do Now If a Real Estate Dispute Is Underway

Start by gathering the paper. Pull the purchase contract, any amendments, the deed, the operating or partnership agreement if an entity owns the property, leases, text and email threads with the other side, and records of every payment. In real estate cases, the documents usually decide the outcome, and the wording of one clause can control the whole case.

Next, identify your deadline. Florida sets different limitation periods for different claims. A claim founded on a written contract generally has five years, while an oral or implied contract claim has four. An action seeking specific performance has just one year, which catches people who assume they have time to wait and see. Rescission and fraud claims have their own four-year periods, and fraud runs from discovery with an outer cap of twelve years. Because the clock depends on the claim, identifying the right one early is worth real effort.

Be careful about what you say and sign. Do not agree to extensions, releases, or “quick fixes” in writing without review. If you are a landlord, do not improvise a notice. A nonpayment notice requires a three-day demand, excluding weekends and court holidays, and getting the form or delivery wrong can sink the entire eviction. Accepting partial rent can also create trouble unless you handle it the way the statute directs. For non-rent violations, the notice and cure periods are different again, with seven-day windows in many situations.

If assets could disappear, act fast. Where a co-owner is about to sell, borrow against, or strip a property, emergency injunctive relief may be available, but only if you move before the damage is done.

On the court side, disputes over amounts above the county court ceiling are heard in Broward County Circuit Court, part of the Seventeenth Judicial Circuit, which sits in Fort Lauderdale and uses regional courthouses in Deerfield Beach, Hollywood, and Plantation. Properties in Palm Beach County fall under the Fifteenth Judicial Circuit. A quiet title complaint may be filed in any county where part of the land sits. The Seventeenth Circuit also has complex business divisions for larger commercial matters, and federal cases can go to the Southern District of Florida, which holds court in Fort Lauderdale and West Palm Beach. We help you choose the right forum before you file.

Partition, Quiet Title, and Co-Ownership Fights in Detail

Partition is the usual exit for co-owners who are stuck. In Florida, all partition actions are brought in circuit court, and the complaint must describe the land, identify the owners and where they live, and state each owner’s share. If the court orders partition, it appoints three commissioners, chosen by agreement of the parties or by the court. If they report that the land cannot be divided without prejudice to the owners, the court may order a public sale 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 consents otherwise.

Inherited property is treated differently. Where co-owners hold as tenants in common, at least one acquired title from a relative, and further statutory conditions are met (for example, twenty percent or more of the interests held by relatives), the property may qualify as heirs property. Once that finding is made, the court must follow the heirs property procedures unless all cotenants agree otherwise, and partition in kind is favored unless commissioners find it would prejudice the owners as a group.

Quiet title actions solve a different problem. The statute allows a person claiming legal or equitable title to ask the court to determine ownership and remove a cloud created by a conveyance or other claim. A plaintiff generally must trace title back at least seven years unless the court orders otherwise. Claims based on an attempted fraudulent conveyance can proceed on a summary basis.

Adverse possession deserves a mention because it surfaces in boundary and neglected-parcel disputes. Without color of title, the claimant needs seven years of continuous possession under a claim of title, plus a proper filing with the property appraiser that includes a full legal description. With color of title, the instrument must be recorded in the county where the land sits.

When an LLC or corporation owns the property, dissolution law comes into play. An LLC member can seek judicial dissolution on grounds including deadlock with irreparable injury, misappropriated or wasted assets, or conduct that makes it impractical to operate under the operating agreement. For corporations, shareholders can seek dissolution on specified grounds, and the corporation or other shareholders may elect to buy out the petitioner at fair value. Courts can appoint a receiver or custodian after a hearing, and an operating agreement’s own deadlock sale clause may take priority if it is triggered before the court finds deadlock.

Questions Tamarac Property Owners Ask About Real Estate Litigation

When do I need a real estate attorney instead of just a title company?

A title company handles the mechanics of a closing. Once someone breaches, refuses to close, or disputes ownership, you need counsel who can enforce rights in court and advise you on remedies and deadlines.

Can a court force a seller to complete a sale?

Yes. Specific performance is an available remedy in real estate contract cases, and the firm has obtained a final judgment granting it after a bench trial. The action carries a short one-year limitation period, so do not delay.

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

For a written contract, five years. For an oral or implied one, four. Specific performance is one year, and rescission is four. Which period applies depends on how the claim is framed.

My sibling and I inherited a house and cannot agree. What are my options?

You can negotiate a buyout, sell together, or file a partition action. If the home qualifies as heirs property, the court must follow additional protective procedures before ordering a sale.

Will a partition action always end in a forced sale?

No. A court can divide land physically when that is practical. A sale is typically ordered when commissioners conclude that division would harm the owners, and heirs property carries a preference for dividing in kind.

What does a quiet title action accomplish?

It results in a judgment determining who owns the property and removing competing claims from the record, which makes the title marketable again.

How many days does a Florida landlord have to give a tenant to pay before eviction?

For unpaid rent, the written demand gives the tenant three days, not counting weekends or court-observed holidays. For incurable lease violations, a seven-day notice to vacate may apply. For curable violations, the notice must give seven days to fix the problem.

If I accept partial rent, do I lose my right to evict?

Not automatically. Accepting partial rent does not waive the right to terminate, but you must handle it correctly, by giving a receipt with the date, amount, and balance due, placing the funds in the court registry, or serving a new three-day notice.

My business partner and I co-own a building through an LLC and are deadlocked. What can I do?

Check the operating agreement first for a buyout or deadlock sale provision. If none works, Florida law allows a member to petition for judicial dissolution when deadlock threatens irreparable harm, and a court may order a buyout instead.

I live in New Jersey and own a condo in Tamarac. Do I have to come to court?

Not for every hearing. We regularly represent out-of-state owners, handle the local appearances, and keep you updated by phone and email. Scheduled conference calls can be arranged around your calendar.

Do real estate disputes have to be tried in front of a judge?

No. Many resolve through negotiation, mediation, or arbitration, and we are experienced with all of them. We pursue the route most likely to meet your goals at reasonable cost.

Is it worth hiring a lawyer for a smaller dispute?

Often, yes, if the property or deposit is significant relative to the cost. A short consultation can tell you which claim fits and whether the amount justifies filing in county court or circuit court.

Serving Real Estate Clients From Tamarac Across Broward and Palm Beach Counties

We represent owners and investors in Tamarac and the surrounding Broward County communities of Sunrise, Lauderhill, Plantation, Coconut Creek, North Lauderdale, Margate, Coral Springs, Oakland Park, Lauderdale Lakes, Pompano Beach, Deerfield Beach, Davie, and Fort Lauderdale. Our reach continues north into Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Lake Worth, West Palm Beach, and Palm Beach Gardens.

Property disputes do not follow city lines, and an owner in Tamarac may have a co-investor in Boca Raton or an heir living in another state. We also work with clients from New York, New Jersey, and Connecticut who hold real estate or business interests in South Florida.

Talk With a Tamarac Real Estate Lawyer About Your Dispute

If a closing has collapsed, a co-owner is blocking a sale, or a title problem is holding up your property, a conversation with a Tamarac real estate lawyer at the Andrew M. Schwartz Legal Team can clarify your options and your deadlines before they pass. Call to schedule a consultation, and we will review the documents, identify the claims that fit, and recommend a practical path forward.