Weston Business Attorney

Most business owners who call a lawyer in the middle of a dispute want one of three things: to keep the company running, to get out of it on fair terms, or to stop money and property from disappearing while the argument plays out. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners, investors, and families, and a Weston business attorney from our firm works on exactly those problems for clients in Weston, Broward County, and the surrounding parts of South Florida.

Weston companies tend to be closely held: a family-run professional practice, an LLC owned by two or three partners, a real estate holding entity, a consulting or import business started by friends. When the owners stop agreeing, there is rarely a boardroom full of independent directors to settle it. The operating agreement, the shareholder agreement, and the paper trail of who did what are what a court will look at, and the first decisions you make about them often shape the whole case.

Weston Business Disputes Our Firm Handles

The matters below are the ones that most often bring Broward County business owners to a litigation firm. Each one turns on documents, deadlines, and the conduct of the people involved.

• Business Divorce and Deadlocked Owners: Two 50 percent members who cannot agree on a decision can freeze a company. Florida’s LLC statute allows a member to seek judicial dissolution when managers or members are deadlocked, cannot break the deadlock, and the company is suffering or threatened with irreparable injury. Many operating agreements also contain a buy-sell or deadlock sale provision, and whether that clause has been triggered can change the court’s role entirely.
• Minority Owner and Shareholder Claims: Corporate shareholders can ask a court to dissolve a corporation on statutory grounds, and the corporation or other shareholders can respond by electing to buy the petitioner’s shares at fair value. Valuation becomes the central fight in these cases.
• Breach of Fiduciary Duty and Misappropriation: Managers and controlling members owe duties to the company and its other owners. Self-dealing, diverted receivables, personal expenses run through the company, and unexplained cash gaps support claims for an accounting and recovery of funds. Florida’s LLC statute also recognizes waste or misappropriation of assets as a ground for dissolution.
• Contract Litigation: Purchase agreements, commercial leases, loan documents, construction contracts, and vendor agreements. These cases are decided on the language of the document and the parties’ course of dealing.
• Partition of Jointly Owned Property: Former partners, siblings, and unmarried co-owners who hold real estate together can ask a court to divide the property or order it sold. Florida treats these as chancery actions, with court-appointed commissioners reporting on whether the property can fairly be divided.
• Quiet Title and Competing Ownership Claims: When a recorded conveyance, a cloud on title, or an adverse claim blocks a sale or refinance, a quiet title action asks the court to settle who owns the land. It may be filed in any county where part of the property lies.
• Failed Closings and Specific Performance: When a seller will not close on a signed commercial or residential contract, the buyer may seek a court order compelling the sale. That remedy carries a short filing window.
• Commercial Landlord and Tenant Disputes: Lease defaults, termination notices, and possession fights affect both sides’ operating plans immediately.
• Family Business Conflicts: Siblings who inherited a company, parents and children with different visions, and in-laws who share ownership face questions of control and compensation that are as personal as they are financial.

Why Choose the Andrew M. Schwartz Legal Team for Weston Business Litigation

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in the most difficult business and real estate disputes in South Florida, serving clients in Weston and throughout Broward County and Palm Beach County, along with Fort Lauderdale, West Palm Beach, and Boca Raton. Founder Andrew M. Schwartz has spent 37 years in litigation and has practiced in Florida since being admitted to The Florida Bar in 1989. 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.

Andrew is joined by Senior Counsel Sundeep Nath, a Northwestern-trained litigator with years of experience in business and real estate cases in both state and federal courts. That matters in South Florida, where a dispute can end up in a Broward circuit court or the federal Southern District depending on the parties and claims.

The firm practices as a true legal team: everyone working on a matter knows the file, so when you call, you reach someone who can answer. We keep a strict 24 hour return call policy when we are in court or otherwise unavailable. We are also experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that fits a client’s goals and budget rather than prolonging a case for its own sake.

Results in court matter more than descriptions of effort. After a 5-day bench trial in Broward County Circuit Court, the firm obtained a 32-page final judgment awarding our client specific performance of a commercial real estate contract. That is the kind of document-driven, trial-ready work that business and real estate disputes demand.

A significant part of our practice comes from referrals by other attorneys, including out of state lawyers whose clients have Florida disputes and Florida lawyers who do not handle business litigation. We also represent clients from New York, New Jersey, and Connecticut who own businesses or property here, and we handle the local court appearances so they do not have to travel for every hearing. For companies that want a lawyer before trouble starts, our outside general counsel program covers contract, compliance, and operational questions, and the firm can serve as the company’s registered agent.

Decisions to Make in the First Weeks of a Weston Business Dispute

The early choices in an ownership fight carry more weight than most people expect, so it helps to know what is actually on the table.

Start with the documents. Gather the operating agreement or shareholder agreement, any amendments, the articles filed with the state, financial statements, bank records, tax returns, capital contribution records, and the emails or texts that show how the owners really behaved. Many agreements already answer questions like how a departing owner is bought out, whether a deadlock triggers a sale mechanism, and whether disputes must go to mediation or arbitration first. If the agreement contains a deadlock sale provision and it is initiated before a court finds the statutory deadlock ground, that provision can displace a judicial dissolution order or a court-ordered buyout. Whether to invoke it, or to hold back, is a strategic call to make with counsel before anyone sends an angry email.

Next, decide whether the goal is to stay or to leave. A court asked to dissolve an LLC can, on a showing of sufficient merit, appoint a receiver or custodian or order a buyout of the petitioning member’s interest. In a corporate dissolution case, the company or the other shareholders can elect to purchase the petitioner’s shares at fair value, and if the parties agree on value and terms within 60 days after the first election, the court enters an order on those terms. An election to purchase is irrevocable unless the court finds it equitable to set it aside. Choosing between dissolution and a buyout is not a formality; it determines who ends up with the company.

If money is leaving the business, speed matters. Courts can issue injunctions and take steps to preserve assets while a case is pending, and a receiver or custodian can be appointed after notice and a hearing. Do not move funds yourself, lock out your partner, or change account access without advice. Self-help can hand the other side a claim.

Watch the filing deadlines. A claim on a written contract carries a five-year limitations period in Florida, while oral or implied contract claims have four years. A fraud claim runs four years from discovery, with an outer limit of 12 years. Rescission is four years. Negligence is two years for causes of action that accrued after the March 2023 amendment, and professional malpractice claims also carry two years from discovery. Specific performance is the short one: one year. If you are a buyer whose seller has refused to close, that clock should be on your calendar from the day of the breach.

On venue, Weston sits in Broward County, which is in the Seventeenth Judicial Circuit. Claims above the county court limit are heard in circuit court, and the Seventeenth Circuit operates a complex business division that handles matters such as dissolution of certain business entities and large business and construction litigation. A case may be filed directly into that division only in the manner set out in the circuit’s administrative order. Federal cases are heard by the Southern District of Florida, which holds court in Fort Lauderdale and West Palm Beach, among other places. Where your case belongs depends on the amount at stake, the parties’ citizenship, and the claims pleaded.

Finally, avoid the common mistakes: signing a buyout term sheet without a valuation, destroying or “cleaning up” records, speaking with the other owner’s counsel without your own, and waiting on a deadline because settlement talks seem promising. A tolling agreement, not optimism, is what protects a claim during negotiation.

Partition, Title, and Landlord Issues That Overlap With Ownership Fights

Business disputes in Weston often spill into real estate. A partner who contributed a building to the venture, siblings who inherited a commercial unit, or investors who bought property through a shared entity may find the company dispute and the property dispute are the same fight.

In a partition case, Florida’s statute requires the complaint to describe the land, name the owners and where they live, and state each owner’s share. After a judgment of partition, the court appoints three commissioners, chosen by the court unless the parties agree. If the commissioners report the land cannot be divided without prejudice to the owners, the court may order a public sale to the highest bidder and divide the proceeds by ownership share. A sale on credit is possible for good cause, but at least one-third of the price must be paid down unless everyone agrees otherwise. Where the property was inherited and relatives hold at least 20 percent of the interests, the Uniform Partition of Heirs Property Act can apply, and it adds protections, including commissioner review of statutory factors before a court will approve a partition in kind.

Quiet title actions require the plaintiff to trace title for at least seven years before filing, unless the court orders otherwise. Adverse possession claims, by contrast, generally require seven years of actual, continuous, exclusive possession, with additional requirements such as recording an instrument for color-of-title claims or filing a return with the property appraiser for claims without color of title.

Commercial and residential landlord matters follow their own notice rules. For nonpayment under the residential statute, a landlord must deliver a written demand and wait three days, excluding Saturdays, Sundays, and court-observed legal holidays, before terminating; accepting partial rent does not waive the right to terminate but triggers specific steps. For curable non-rent violations, the notice must give seven days to correct, while incurable violations allow a seven-day notice to vacate. Commercial leases are governed largely by their own terms, which is why lease language matters so much.

Weston Business Attorney FAQs

What does a business attorney do in a dispute between co-owners?

We review the governing agreements, analyze claims and defenses, advise on whether to negotiate a buyout, pursue mediation or arbitration, or file suit, and seek emergency relief when assets are at risk. We also handle claims for an accounting and breach of fiduciary duty.

Can I force a partner out of my Florida LLC?

It depends on your operating agreement and the partner’s conduct. Many agreements contain buyout, expulsion, or dissociation clauses. Florida law also offers court remedies when a member’s conduct is illegal or fraudulent, assets are being misappropriated, or the company cannot practicably operate under its agreement.

What is the deadline to sue for breach of a written contract?

Five years under Florida law for claims founded on a written instrument. Oral or implied contract claims have four years. Different claims, such as specific performance, have much shorter windows.

How long do I have to sue to force a seller to close?

A specific performance action has a one-year limitations period in Florida. If a seller has refused to close, do not wait.

Can the court appoint someone to manage the company during a dispute?

Yes. In LLC and corporate dissolution proceedings, a court can appoint a receiver or custodian after notice to the parties and a hearing, and can issue injunctions to preserve assets.

What happens if the other owners offer to buy my shares?

In a corporate dissolution case, the corporation or other shareholders may elect to buy the petitioner’s shares at fair value. If the parties agree on value and terms within 60 days after the first election is filed, the court enters an order directing the purchase. If they cannot agree, valuation becomes part of the litigation.

Does my operating agreement override the court’s dissolution powers?

Partly. A properly initiated deadlock sale provision can apply in place of a judicial dissolution order or court-ordered buyout in a deadlock case. Other provisions, like arbitration clauses, may also control where and how the dispute proceeds.

Which court would hear a Weston business case?

Larger disputes are filed in the Broward County circuit court of the Seventeenth Judicial Circuit, which has a complex business division for certain matters. Smaller claims go to county court, and federal claims go to the Southern District of Florida.

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

Often yes, because early advice on the agreement and deadlines can prevent a small disagreement from becoming an expensive one. Mediation or a negotiated buyout may be the most cost-effective result, and we weigh fees against what is at stake.

My partner is in another state, or I live out of state. Does that change anything?

It can affect where the case is filed and whether it belongs in federal court, but it does not stop you from pursuing a Florida claim. We regularly represent New York, New Jersey, and Connecticut clients and handle local appearances for them.

Can co-owners of a property force a sale if one refuses?

Yes, through a partition action. The court may divide the property or, if division would prejudice the owners, order a sale and split the proceeds by ownership share.

Do all business disputes end up in court?

No. Many resolve through negotiation, mediation, or arbitration. We pursue the route most likely to reach your goals efficiently, and litigate when that is what protects you.

Serving Business Owners From Weston Across Broward and Palm Beach Counties

Our work for Weston clients extends across Broward County, from Weston and neighboring Davie, Plantation, Sunrise, and Pembroke Pines to Fort Lauderdale, Hollywood, Coral Springs, and Deerfield Beach. We also represent owners and investors in Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, and West Palm Beach. Because many of our clients live elsewhere, we also serve people in New York, New Jersey, and Connecticut whose business partners or co-owned real estate are here in South Florida. Whether the dispute involves a Weston LLC, a family company with property across the county line, or an investment shared with out of state partners, the team can handle the litigation locally.

Talk With a Weston Business Litigation Attorney

If your co-owner has stopped cooperating, money is missing, or a deal has fallen apart, a Weston business litigation attorney from the Andrew M. Schwartz Legal Team can review your agreements, explain your options, and tell you what the deadlines are. Call to schedule a consultation and bring the documents that show how the business was set up and how it has been run.