West Palm Beach Real Estate Attorney

Real estate disputes in Palm Beach County are heard in the Fifteenth Judicial Circuit, which sits in West Palm Beach, and where a case gets filed, how the claim is pleaded, and which statute controls can decide whether an owner keeps a property, sells it, or loses a contract right altogether. The Andrew M. Schwartz Legal Team handles commercial and residential real estate transactions and litigation for owners, investors, landlords, tenants, and families throughout West Palm Beach, Palm Beach County, and Broward County. If you are searching for a West Palm Beach real estate attorney, the first thing worth knowing is that most of these matters fall into two groups: deals that go wrong at or before closing, and ownership arrangements that break down after the deal is done.

The deal-side disputes tend to involve a purchase and sale contract where one party will not perform, a buyer or seller who walks away, or a closing that collapses over financing, title, or inspection terms. The ownership-side disputes are different in character. They involve former business partners who hold a building together, siblings who inherited a house, unmarried couples whose names are both on a deed, and investors who want out of a shared property. Florida law gives these owners specific tools, including partition, quiet title, and injunctive relief, and each has its own deadlines and procedure. Getting the right tool, filed in the right court, within the right time window, is most of the work.

Why Choose the Andrew M. Schwartz Legal Team for West Palm Beach Real Estate Disputes

The Andrew M. The firm handles real estate transactions and litigation alongside business disputes, partnership and member conflicts, injunctions, and outside general counsel work, which matters because real estate problems rarely arrive without a business or family relationship attached. Clients include business owners, investors, and families, along with owners from New York, New Jersey, and Connecticut who hold South Florida property and rely on the firm to handle local court appearances so they do not have to travel for every hearing.

Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation. He holds an undergraduate degree from Emory University (1986) and a law degree from the University of Miami (1989). His career has centered on complex contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders, which is the same skill set a failed commercial closing or a deadlocked co-ownership 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.

Real estate contract work is where the firm has recent, concrete results. 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. Specific performance, an order compelling the other side to complete the sale, is among the hardest remedies to obtain and demands careful preparation of the contract record and the parties’ dealings. The firm works as a true legal team, so everyone on a file knows it, calls are returned within 24 hours when the lawyers are in court, and the attorneys are experienced in mediation and arbitration as well as trial, looking for the resolution that fits the client’s goals and budget.

Real Estate Problems That Reach a West Palm Beach Attorney

• Failed Closings and Purchase Contract Disputes: A buyer who will not close, a seller who accepts a better offer, or a dispute over deposits, contingencies, and default remedies. Depending on the claim, the remedy may be damages, cancellation of the contract, or an order forcing the sale to go through.
• Partition of Co-Owned Property: When owners cannot agree, a Florida court can divide the property or, if division is impractical, order it sold and split the proceeds. Common parties are former business partners, heirs, unmarried couples, and investors leaving a shared deal.
• Heirs Property: Land held in common by relatives who inherited it is treated differently from an ordinary co-ownership. Florida’s heirs property statutes add protections that change how a partition case proceeds.
• Quiet Title and Title Disputes: Competing ownership claims, a cloud on title, a questionable conveyance, or an owner who needs to be removed from title to a property they no longer control.
• Commercial Lease Disputes: Defaults, interpretation of lease terms, and disagreements between landlords and commercial tenants over what the document actually requires.
• Residential Landlord and Tenant Matters: Nonpayment of rent, lease violations, and terminations, all governed by notice requirements that must be followed precisely before a landlord can file.
• Property Held Through a Business Entity: Real estate owned by an LLC or corporation whose members are deadlocked, where a partner is diverting rents or sale proceeds, or where the entity itself may need to be dissolved.
• Emergency Injunctions to Protect Property: Court orders that stop a sale, transfer, or dissipation of assets while the underlying dispute is being decided.

What to Do When a Property Dispute Is Already Underway

Start by gathering the documents that define the rights at issue: the contract, any amendments, the deed, the operating or shareholder agreement if an entity holds the property, the lease, and every email or text that shows what the parties agreed to and when. Contract disputes in Florida often turn on the exact wording of the agreement and the history of dealings, so a complete, organized file is worth more than a long narrative. Stop making informal side arrangements and avoid signing anything new, including extensions or releases, until a lawyer has read it.

Deadlines deserve attention early because several are short. A claim on a written contract has a five-year limitations period, while a contract claim that is not founded on a written instrument has four years. A fraud claim runs four years from discovery, with an outer limit of 12 years. The one that catches buyers and sellers off guard is specific performance: an action seeking that remedy has just one year. If your goal is to force a sale to close rather than to collect damages, waiting to see whether the other side comes around can cost you the remedy. A claim to recover real property is also barred unless the plaintiff or a predecessor was in possession within the prior seven years.

Landlords and tenants face their own notice rules. For unpaid residential rent, the landlord must deliver a written demand, and the tenant has three days, not counting weekends and court-observed holidays, to pay or vacate before the landlord may terminate. For other lease violations that can be corrected, the notice must give seven days to cure. For violations that cannot be cured, such as intentional destruction of property, the landlord may deliver a seven-day notice to vacate without a cure period. Accepting partial rent after posting the notice does not waive the landlord’s right to proceed, but the landlord must handle that payment correctly by issuing a receipt, depositing it in the court registry, or serving a new notice. Mistakes in these notices are a common reason an eviction case gets dismissed and restarted.

Where a case is filed depends on the amount and the type of claim. Palm Beach County disputes are heard by the Fifteenth Judicial Circuit, and the main courthouse in West Palm Beach houses both circuit civil and county civil court. County court handles claims up to a set dollar ceiling, small claims sit below that, and larger disputes go to circuit court. Partition, quiet title, injunctions, and entity dissolution cases belong in circuit court, which sits in chancery for these matters. Properties in southern Palm Beach County and in Broward County may call for filing in the Seventeenth Judicial Circuit, and a quiet title action may be brought in any county where part of the land lies. Federal court in West Palm Beach or Fort Lauderdale becomes relevant when the parties are from different states and the amount in controversy qualifies, which is not unusual when an out-of-state investor owns South Florida property. If you are outside Florida, tell your attorney early, because the firm can coordinate local filings and hearings on your behalf.

Partition, Quiet Title, and Co-Ownership Breakdowns

Florida partition law is found in Chapter 64, and every partition action is brought in chancery. The complaint must describe the land, name the owners and where they live, state the share each holds, and include whatever else the court needs to sort out the parties’ rights. If the court enters a judgment of partition, it appoints three commissioners, chosen by the court unless the parties agree on them, to determine whether the land can be divided fairly. When the commissioners report that division would prejudice the owners and the court agrees, the property can be sold at public auction and the proceeds divided according to each owner’s interest. If the court allows a sale on credit for good cause, at least one-third of the purchase money must be paid down unless every party consents otherwise.

Heirs property is a distinct category with its own set of rules. Real property held as tenants in common with no binding agreement on partition, where at least one owner acquired title from a relative and further conditions are met, such as relatives holding twenty percent or more of the interests, is partitioned under the Uniform Partition of Heirs Property Act. In those cases a partition in kind is not entered unless the court is satisfied the commissioners considered the statutory factors and found that dividing the land physically would prejudice the owners as a group. That structure exists to keep family land from being forced to auction at the first demand, and it shapes strategy for both the owner who wants out and the owner who wants to stay.

Quiet title actions arise under Chapter 65. A court can determine title where someone claims legal or equitable ownership of land, and where two or more people claim to own the same land under a common title. A plaintiff may also ask the court to cancel a conveyance or other evidence of title that clouds ownership when a person who is not the rightful owner holds it or asserts a claim. Unless the court orders otherwise, the plaintiff must trace title back at least seven years before filing. A quiet title case based on an allegedly fraudulent attempted conveyance can proceed under summary procedure, and the court must advance it on the calendar. Adverse possession claims follow a separate path: seven years of continuous possession, with color of title requiring that the instrument be recorded in the county, and without color of title requiring a return filed with the property appraiser that includes a full legal description.

When the property is held by an entity, the dispute may also be a business dissolution case. Under Florida’s LLC statute, a member or manager may seek judicial dissolution when the company’s activities cannot reasonably be carried on under its operating agreement, when controlling members have acted or are expected to act illegally or fraudulently, when assets are being misappropriated or wasted, or when deadlocked members cannot break the impasse and irreparable injury to the company is threatened or occurring. The court may appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member’s interest. Where the operating agreement contains a deadlock sale provision that is initiated before the court finds deadlock, that provision generally governs in place of a dissolution order. For corporations, shareholders have similar remedies, and the corporation or other shareholders may elect to buy out a petitioning shareholder at fair value, an election that is irrevocable unless the court finds it equitable to modify it.

West Palm Beach Real Estate Attorney FAQs

What does a real estate litigation attorney do that a closing attorney does not?

A closing attorney handles the paperwork of a transaction that both sides intend to complete. A litigation attorney steps in when the deal or the ownership relationship has broken down, whether that means enforcing or defending a contract, filing for partition or quiet title, or seeking an emergency injunction. The firm handles both transactions and litigation, which helps when a deal is drafted with an eye toward the disputes that might follow.

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

A claim founded on a written contract has a five-year limitations period, and a claim on an oral or implied contract has four years. These periods were not changed by the 2023 reduction of the negligence deadline to two years. Because other claims tied to the same deal, such as fraud or rescission, have their own periods, it is worth having each theory evaluated rather than assuming one deadline governs everything.

Can a court force the other party to close on a sale?

Yes. Specific performance is an equitable remedy that orders a party to carry out the contract rather than pay damages. It is most often sought in transactions involving unique property. The limitations period for a specific performance action is one year, which is far shorter than the period for damages, so the choice of remedy should be made quickly.

Can one co-owner force the sale of a property in Florida?

A co-owner can ask the court for partition. If the property cannot be fairly divided, the court can order it sold and the proceeds distributed according to each owner’s share. The process involves commissioners appointed by the court, and the court has some discretion over the terms of sale, including whether a sale may be made on credit.

What is a quiet title action and when would I need one?

It is a lawsuit asking the court to determine who owns a piece of land and to remove competing claims from the record. It is used when there is a cloud on title, a disputed conveyance, an owner who needs to be separated from title, or competing claims under a common source of title. The plaintiff generally must trace title back at least seven years.

What is heirs property, and why does it matter if I inherited a house with siblings?

Heirs property is jointly inherited real estate held without a binding agreement among the owners about how partition will occur. When it qualifies, Florida requires the court to use the protective procedures of the Uniform Partition of Heirs Property Act, which makes a forced sale harder than in an ordinary partition case. It can change both the strategy and the likely outcome for owners on either side.

My business partner and I co-own a building through an LLC and we are deadlocked. Can the court step in?

Often, yes. A member or manager can petition for judicial dissolution where deadlock cannot be broken and irreparable harm to the company is threatened or occurring. The court can also appoint a receiver or custodian or order a buyout. Check your operating agreement first, because a deadlock sale provision that is properly initiated before the court’s finding may control the outcome.

Can I get a court order to stop a partner from selling or mortgaging a property while we litigate?

That is what temporary and emergency injunctions are for. A court can freeze a transfer or prevent assets from being spent or moved while the case is pending, though you must show the grounds for that relief. The firm regularly seeks early and emergency injunctive relief to protect company assets and real property.

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

It varies widely with the type of claim and how contested it is. Palm Beach County assigns civil cases to one of three tracks under a case management order, which affects the schedule. A negotiated resolution or mediation can shorten a case considerably, while a case that goes to a bench trial takes longer. Emergency injunction requests are heard on a much faster timeline than the underlying case.

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

Often it is, because the cost of a mistake in a notice, a deadline, or the choice of remedy can exceed the amount in dispute. The firm looks for the resolution that serves the client’s goals and budget rather than prolonging a case, and many disputes resolve through negotiation or mediation without a full trial.

I live in New York and own property in Palm Beach County. Do I need to travel for every hearing?

No. The firm represents clients from New York, New Jersey, and Connecticut and handles the local court appearances and proceedings, keeping clients informed at every stage.

Serving West Palm Beach Real Estate Clients Across Palm Beach and Broward Counties

Our work begins in West Palm Beach and extends through the surrounding communities of Palm Beach County, including Palm Beach, Lake Worth Beach, Lantana, Boynton Beach, Delray Beach, Boca Raton, Royal Palm Beach, Wellington, Palm Beach Gardens, Jupiter, North Palm Beach, Riviera Beach, Greenacres, and Belle Glade. Many of these communities carry heavy investment and second-home ownership, which is why co-ownership disputes, failed closings, and commercial lease conflicts are so common here.

We also represent owners and investors in Broward County, including Fort Lauderdale, Pompano Beach, Deerfield Beach, Coral Springs, Plantation, Hollywood, and the surrounding area, and we serve clients from New York, New Jersey, and Connecticut who hold South Florida real estate or business interests. Whether the property sits in a downtown West Palm Beach commercial building, a Boca Raton condominium, or a family parcel in Broward, we handle the court filings and appearances locally.

Speak With a West Palm Beach Real Estate Attorney Before the Deadline Passes

When a contract fails, a co-owner will not cooperate, or title to your property is in question, the limitations periods and notice rules start working against you quickly. The Andrew M. Schwartz Legal Team can review your documents, explain which remedies are available, and tell you honestly whether negotiation, mediation, or litigation is the better route. Call to schedule a consultation with a West Palm Beach real estate attorney who handles both the transaction and the dispute.