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Breach of Real Estate Contracts Overview

breach of real estate contract

In real estate, contract breaches can lead to disputes, often arising when one party fails to uphold their end of the deal. Common scenarios include a seller refusing to transfer title or a default on a purchase agreement. There are four main remedies available: 1) Money damages, where a breaching buyer may owe the seller the difference between the contract price and market value. 2) Termination of the contract, involving a deposit refund and covering transaction-related expenses. 3) Specific performance, where a court can compel the opposing party to fulfill the contract. 4) Liquidated damages, predetermined compensation for breaches, enforceable if reasonable. Having an experienced attorney is vital to navigate these complexities and secure proper compensation in breach of real estate contracts cases. Learn more: Breach of Real Estate Contracts

Can I Sue For Breach of Real Estate Contract?

Learn What To Do If A You are in Breach of Real Estate Contract by Seller

When a seller breaches a real estate contract, it can be a major inconvenience for the buyer. In some cases, the buyer may be able to sue the seller for specific performance, which is a court order that forces the seller to sell the property to the buyer. However, this can be a lengthy and expensive process. Learn more: Breach of Real Estate Contract By Seller

What Happens In a Real Estate Contract When a Seller Doesnt Want to Sell?

What Happens when a Seller Doesn’t Want to Sell while under a Pending Real Estate Contract?

What is the best way to protect yourself from a seller breach?

The best way to protect yourself from a seller breach is to have an experienced real estate attorney review the contract before you sign it. An attorney can help you understand the terms of the contract and identify any potential problems. You should also make sure that you have a good understanding of the financing process. Read More: What is the best way to protect yourself from a seller breach?

Addressing a Seller’s Breach of a Real Estate Contract

In the dynamic world of real estate, there may be situations where a seller decides not to proceed with a residential real estate contract, leading to a breach of the contract. This can occur due to various reasons, including seller’s remorse, personal circumstances, or difficulty finding a new place to live. In these cases, buyers must be aware of their options.

Learn More: Addressing a Seller’s Breach of a Real Estate Contract

Real Estate Contract: Seller’s Reluctance to Close

In real estate, when a seller backs out of a contract, it can raise questions for the buyer who expected the deal to close. While reasons for this change can vary, the consequences depend on the jurisdiction. In places like Florida, a seller’s death doesn’t automatically void the agreement. As for the buyer’s options, they can typically seek a refund of their deposit and potential compensation for expenses tied to the transaction, such as inspections, surveys, or relocation costs, even if they need to find another property. Learn More: Real Estate Contract: Seller’s Reluctance to Close

Real Estate Seller Disputes in Florida

Real estate seller disputes in Florida can arise for a variety of reasons, such as misrepresentations or fraud by the seller, disputes over the condition of the property, or disagreements regarding contract terms. These disputes can be complex and costly, and may require the assistance of an experienced real estate attorney to navigate.

At Oppenheim Law, our team of skilled real estate attorneys has extensive experience in handling a wide range of real estate disputes for sellers, including breach of contract claims, non-disclosure or misrepresentation issues, and disputes over title defects or encumbrances. We understand the nuances of Florida real estate law and can provide effective legal representation to help protect your rights and interests as a seller.

Learn more: Real Estate Seller Disputes in Florida

Understanding the Consequences of a Buyer’s Breach of a Real Estate Contract

When a buyer defaults on a real estate contract, sellers need to be aware of their options and potential remedies. Typically, sellers require a substantial deposit, often 5% to 10% of the purchase price, which can be claimed as liquidated damages if the buyer defaults, allowing the seller to retain it and sell the property to another buyer. However, contract terms and contingencies, such as financing, can impact the outcome, limiting the seller’s recourse primarily to the deposit. Therefore, it’s crucial for sellers to ensure their contract specifies an adequate deposit amount and assess the buyer’s ability to close.

Breach Of Real Estate Contract Remedies

Breach of Florida Commercial Lease by Tenant

A common breach by a tenant in a commercial lease is  failing to pay rent. In Florida, commercial landlords have the right to take legal action against tenants who fail to pay rent, including eviction proceedings.

Another common breach by a commercial tenant is  not operating their workplace within the terms of their commercial lease. Many commercial leases, for instance,  include clauses that dictate when a tenant’s business can be  open and operate. Depending upon the language in the commercial lease, landlords may have grounds to terminate the commercial tenant’s lease and  potentially seek damages. Learn more: Breach of Florida Commercial Lease by Tenant

Choosing a Commercial Real Estate Attorney in Florida

In Florida, it’s essential to have a skilled commercial real estate attorney when dealing with buying, selling, leasing, or developing commercial properties, and Oppenheim Law offers the expertise needed. Our commercial real estate attorneys have vast experience representing various clients, including buyers, sellers, landlords, tenants, developers, and lenders, across a wide range of real estate transactions such as contract negotiation, lease agreements, financing, title issue resolution, and due diligence review. Our tailored approach to each client’s unique needs helps ensure legal protection throughout the transaction. Moreover, we handle litigation matters like contract breaches, title disputes, and zoning conflicts when negotiation falls short, with a focus on cost-effective resolutions. Oppenheim Law is highly regarded in the Florida for our commitment to excellence and client satisfaction, making the commercial real estate process efficient and smooth. If you’re in search of a reliable commercial real estate attorney in Florida, Oppenheim Law stands out as the go-to choice for comprehensive transaction support. Learn more: Commercial Real Estate Attorneys

Contact an Experienced Real Estate Attorney

If you have been the victim of a buyer or seller breach, you should contact an experienced real estate attorney as soon as possible. An attorney can help you understand your legal options and protect your rights.

Contact Oppenheim Law

Oppenheim Law is a Florida law firm that specializes in real estate law. We have over 30 years of experience helping buyers and sellers protect their rights in real estate transactions. If you have been the victim of a seller or buyer breach, please contact us today to schedule a consultation.

Call us at 954-384-6114