Wellington Real Estate Litigation Attorney

Wellington property owners, investors, and landlords sometimes reach a point where a handshake, a contract, or a shared deed no longer settles anything and a judge has to. The Andrew M. Schwartz Legal Team handles business and real estate litigation for clients in Wellington, throughout Palm Beach County, and across Broward County, including failed closings, partition actions, title disputes, and fights between co-owners. If you are weighing whether to sue, defend, or negotiate, a Wellington real estate litigation attorney can tell you what the paperwork supports and what the calendar allows before a deadline decides for you.

Real estate disputes in this part of Palm Beach County tend to involve parcels with real money behind them: equestrian properties, investment homes, commercial space, and land held jointly by relatives or former business partners. The fights are usually not about whether a problem exists. They are about who owns what, who promised what, and what the contract says when it is read word for word.

Florida sets firm time limits on these claims, and some are shorter than people expect. A suit to compel a seller or buyer to close can be lost simply by waiting, so the first conversation with counsel is often about timing rather than strategy.

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

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida business and real estate disputes, serving Wellington and the rest of Palm Beach County along with Boca Raton, West Palm Beach, Fort Lauderdale, and Broward County. Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation. 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, business divorces, and conflicts among partners, LLC members, and shareholders, which is the same terrain many real estate cases sit on.

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 on a matter knows the file, and a strict 24 hour return call policy applies when someone is in court and cannot pick up. Many clients also live out of state, including New York, New Jersey, and Connecticut, and the firm handles the local court appearances so they do not have to travel for each hearing.

The results reflect the work. After a 5-day bench trial, a Broward County Circuit Court judge issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. That is the remedy a buyer or seller wants when money damages will not replace the property itself. The firm is also experienced in mediation and arbitration, and looks for the resolution that fits a client’s goals and budget rather than prolonging a case for its own sake.

The Kinds of Real Estate Disputes We Litigate

• Failed Closings and Purchase Contract Disputes: A buyer who will not close, a seller who walks away for a better offer, or a disagreement over deposits and contingencies. Remedies can include damages, return of a deposit, or an order compelling the sale to go forward.
• Partition Actions: When co-owners cannot agree on what to do with shared property, Florida courts can divide it or order it sold and split the proceeds. These cases arise among former business partners, siblings who inherited together, unmarried couples, and investors who want out.
• Heirs Property Cases: Property passed down among relatives and held in common is treated differently under a dedicated statute for partition actions. It adds protections for family cotenants before a forced sale can occur.
• Quiet Title Actions and Title Disputes: Competing ownership claims, clouds on title, or a conveyance that should never have been recorded. A quiet title suit asks the court to declare who actually owns the land.
• Commercial Lease and Landlord-Tenant Disputes: Unpaid rent, lease defaults, and termination fights, covering both commercial space and residential rentals.
• Co-Owner and Business Partner Property Fights: Real estate held through an LLC or partnership where members disagree about control, sale, or diverted funds.
• Emergency Injunctions: Temporary and permanent injunctions to stop a sale, a transfer, or the movement of assets while the case is pending.

What to Do Now If a Real Estate Dispute Is Brewing

Start by gathering the documents that actually govern the dispute: the signed contract and every amendment, the deed, closing statements, leases, emails and texts between the parties, and anything showing payments made or received. Judges decide these cases on paper, and the party with the cleaner file starts ahead. Do not rely on memory of what was promised.

Then look at the clock. A legal or equitable action on a written contract generally must be filed within five years, while a claim not based on a written instrument has four. A suit for specific performance carries a one-year period, which catches people off guard. Fraud claims run four years from discovery, with an outer limit of twelve years. Which deadline applies depends on exactly what you are claiming, so do not assume you have time.

Be careful about what you say and sign. Informal settlement emails, partial payments, or moving back into a disputed property can change the legal picture. If a landlord-tenant issue is involved, the notice rules are strict. For unpaid rent, a landlord must give a written demand and wait three days, not counting weekends and court-observed holidays, before terminating. For other violations that can be cured, the notice gives the tenant seven days. A defective notice can sink an eviction.

Where the case is filed matters. Disputes over $50,000 and above go to circuit court. For Wellington and the rest of Palm Beach County, that is the Fifteenth Judicial Circuit, while Broward County cases belong to the Seventeenth Judicial Circuit. Broward’s circuit also maintains a complex business division that handles dissolution of certain business entities and large business and construction litigation. Federal court in the Southern District of Florida, which holds court in West Palm Beach and Fort Lauderdale, is possible when federal jurisdiction exists. Smaller claims go to county court, with the smallest handled in small claims.

How a Partition or Title Case Moves Through the Court

Partition is handled in chancery under Chapter 64 of the Florida Statutes. The complaint must describe the land, name the owners and where they live, and state what share each holds. If the court orders partition, it appoints three commissioners to evaluate whether the property can be divided fairly. If they report that a division would prejudice the owners, the court can order a public sale to the highest bidder and divide the proceeds by ownership interest. A sale on credit requires at least one-third of the price paid down unless everyone agrees otherwise.

Heirs property gets different treatment. Under the Uniform Partition of Heirs Property Act, which applies to cases filed after its effective date, property held in common by relatives is partitioned under Part II unless every cotenant agrees otherwise. One qualifying condition is that twenty percent or more of the interests are held by relatives. A court will not enter a partition in kind unless commissioners have weighed the statutory factors and found that dividing the land would prejudice the cotenants as a group.

Quiet title actions proceed under Chapter 65. A plaintiff must generally trace title back at least seven years before filing, unless the court orders otherwise, and the suit can be filed in any county where part of the land sits. Where a fraudulent conveyance is alleged, a summary procedure is available and the court is directed to advance the case on its calendar. Separately, adverse possession in Florida requires seven years of continuous, exclusive possession under a claim of title, with added recording requirements when it rests on a written instrument. Anyone claiming it must file a return with a full legal description of the land.

Most of these cases are decided by a judge, not a jury, because they sound in equity. That is why preparation centers on documents, witnesses, and the precise wording of the agreement rather than on theatrics.

Wellington Real Estate Litigation Questions, Answered

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

For a claim founded on a written contract, the general period is five years. Claims not based on a written instrument, such as oral or implied agreements, generally have four years. Specific performance is the outlier at one year, so the remedy you want shapes your deadline.

What is specific performance, and when can I get it?

It is a court order requiring a party to carry out the contract rather than pay damages. It is most useful in real estate because each parcel is considered unique. The firm obtained a 32-page final judgment granting this remedy on a commercial contract after a 5-day bench trial in Broward County.

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

Often, yes. A co-owner can ask a Florida court for partition, either dividing the property or ordering a sale and splitting the proceeds. Whether a sale is ordered depends on whether the property can reasonably be divided and on any binding agreement among the owners.

What happens if the property was inherited by several relatives?

It may qualify as heirs property, which is governed by a separate set of partition rules designed to protect family owners. The court must follow those procedures unless all cotenants agree in writing to something else.

What is a quiet title action?

It is a lawsuit asking the court to determine who owns property and to remove competing claims or cancel a defective conveyance. It is used when there is a cloud on title, such as a forged or disputed deed.

Do I need to prove ownership going back a certain number of years?

Plaintiffs in a quiet title suit generally must trace title for at least seven years before filing unless the court orders otherwise. Gathering that chain of title early saves time.

Can a court freeze a property while we fight over it?

Yes. Courts can issue temporary and permanent injunctions to stop a sale, transfer, or spending of assets while the case is pending. The firm regularly seeks early and emergency relief when waiting for a final judgment would cause harm.

My co-owner is my former business partner. Is this a real estate case or a business case?

Often both. A property dispute between partners can turn on an operating agreement, fiduciary duties, or diverted company funds. Handling the real estate and the business claims together avoids contradictory positions.

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

That depends on what is at stake and what the contract says about attorney’s fees. Even a short consultation can tell you whether a claim is worth bringing, and the firm looks for resolutions that match the value of the dispute rather than drawing out litigation.

I live in New York or New Jersey. Can I handle this without coming to Florida?

In most cases, yes. The firm regularly represents clients from New York, New Jersey, and Connecticut with Florida real estate. It handles the court appearances locally and keeps you informed by phone at each stage, and it accepts referrals from other attorneys whose clients have Florida disputes.

Do these disputes always go to trial?

No. Many resolve through negotiation, mediation, or arbitration. The firm’s attorneys are experienced in each, and the right path depends on the contract, the evidence, and what the client wants out of the property.

Real Estate Litigation Representation Across Wellington and South Florida

The firm works with property owners in Wellington and nearby Palm Beach County communities including Royal Palm Beach, Loxahatchee Groves, Lake Worth, Greenacres, Boynton Beach, Delray Beach, Boca Raton, Palm Beach Gardens, Jupiter, and West Palm Beach. Disputes involving horse properties, rental homes, vacant land, and commercial space come from across this region, and many involve owners who live elsewhere.

Representation extends into Broward County, including Fort Lauderdale and neighboring communities, where the firm handles cases in the Seventeenth Judicial Circuit. Clients from New York, New Jersey, and Connecticut who hold interests in South Florida property are served just as readily, with local appearances handled on their behalf.

Speak With a Wellington Real Estate Litigation Lawyer

If you are facing a failed closing, a partition, a title problem, or a falling-out with a co-owner, the Andrew M. Schwartz Legal Team can review your documents and tell you where you stand. A Wellington real estate litigation lawyer who knows the deadlines and the courts can help you decide whether to negotiate, mediate, or file suit.

Call the Andrew M. Schwartz Legal Team to schedule a consultation. We answer the phone, and when we cannot, we return your call within 24 hours.