A breach of real estate contract in Florida occurs when one party fails to fulfill their obligations under a signed purchase agreement. If title issues are involved, a quiet title action may also be necessary. Whether you are a buyer, seller, or real estate attorney Fort Lauderdale client, a broken real estate deal can cost you significantly — in time, money, and opportunity. Florida law provides clear remedies for the non-breaching party, including specific performance, damages, and contract rescission. Hughes Real Estate Law represents buyers, sellers, and developers throughout Broward County in breach of real estate contract disputes across South Florida.
Co-owners facing a breach may also need to consider a partition action if jointly owned property is involved.
What Constitutes a Breach of Real Estate Contract in Florida?
A breach of real estate contract in Florida occurs when a party fails to perform a material obligation under the agreement. Common examples include:
- Seller refuses to close — backing out after all contingencies have been satisfied
- Buyer fails to close — unable or unwilling to obtain financing or complete the purchase
- Failure to disclose defects — seller conceals known material defects
- Title problems — seller cannot deliver clear, marketable title at closing
- Breach of representations — misrepresentation about property condition, zoning, or permits
- Missing deadlines — failure to meet inspection, financing, or closing date requirements
Not every dispute is a breach. Disputes over minor issues that do not go to the heart of the agreement may not rise to the level of a legal breach of contract. A Fort Lauderdale real estate litigation attorney can evaluate your specific contract and facts.
Remedies for Breach of Real Estate Contract in Florida
Florida law provides several remedies when a real estate contract is breached. The right remedy depends on which party breached and what the contract says.
Specific Performance
Specific performance is a court order requiring the breaching party to complete the transaction. This remedy is common in real estate cases because every property is considered unique. If a seller refuses to close, a Florida court can order them to transfer title. According to the Florida Bar, specific performance is one of the most powerful tools available to buyers in a seller breach.
Monetary Damages
The non-breaching party can seek compensatory damages — the financial losses caused by the breach. These may include:
- Difference between the contract price and fair market value
- Costs of finding a replacement property or buyer
- Carrying costs incurred during the delay
- Inspection, appraisal, and due diligence costs wasted
Liquidated Damages / Earnest Money
Most Florida real estate contracts include a liquidated damages clause. If the buyer defaults, the seller typically retains the earnest money deposit as their sole remedy — unless the contract allows for additional claims. If the seller defaults, the buyer is usually entitled to a full refund of the deposit plus any other damages the contract permits.
Rescission
Rescission cancels the contract and restores both parties to their original positions. This remedy is available when the breach is material or when there has been fraud or misrepresentation. Any earnest money paid must be returned to the buyer.
Seller’s Failure to Disclose — A Common Breach in Florida
Florida law requires sellers to disclose all known material defects that are not readily observable by the buyer. Failure to disclose is one of the most common forms of breach of real estate contract in Florida. Under Florida Statutes § 689.261, sellers must also disclose if the property is located in a special flood hazard area. Concealing a known defect can result in both contract and tort liability.
If you purchased a property and later discovered undisclosed defects, you may have a claim even after closing. Our construction defect attorney team works alongside breach of contract cases where hidden defects are the central issue.
What to Do If a Real Estate Contract Is Breached
If you believe the other party has breached your Florida real estate contract, take these steps immediately:
- Review your contract — Identify the specific obligations breached and any cure periods or notice requirements.
- Send written notice — Many contracts require formal notice of default before legal action can begin.
- Preserve your evidence — Save all communications, emails, inspection reports, and financial records.
- Do not sign anything — Do not agree to amendments or extensions without consulting an attorney.
- Contact a real estate attorney — Time is critical. Delays can affect your remedies.
The Florida Realtors standard purchase contract is the most commonly breached agreement in South Florida real estate transactions. The Broward County circuit court handles most real estate contract disputes in the Fort Lauderdale area. Our team handles quiet title and partition action matters that often arise alongside breach of contract disputes.
Breach of Real Estate Contract FAQ
| Question | Answer |
|---|---|
| How long do I have to sue for breach of real estate contract in Florida? | Florida has a 5-year statute of limitations for written contract claims under Florida Statutes § 95.11. |
| Can a seller back out of a signed contract in Florida? | Generally no. Once a contract is fully executed, backing out without legal basis is a breach. Sellers may face specific performance suits or damage claims. |
| What if the buyer just changes their mind? | The seller typically keeps the earnest money deposit. Additional damages may be available if the contract allows it. |
| Can I get my earnest money back if the seller breaches? | Yes. A breaching seller must return the earnest money plus any additional damages allowed under the contract. |
| Do I need an attorney for a real estate breach of contract dispute? | Strongly recommended. Real estate contracts are complex and remedies vary significantly based on contract language and facts. |
Hughes Real Estate Law Is Ready to Fight for You
A breach of real estate contract in Florida demands swift, decisive action. Hughes Real Estate Law protects buyers, sellers, and investors when real estate deals go wrong. Call (954) 256-5125 or visit our contact page to schedule your consultation today.
About Hughes Real Estate Law
Hughes Real Estate Law is a Fort Lauderdale real estate litigation and transactions firm serving Broward County and South Florida. Attorney Joseph Hughes handles breach of real estate contract disputes, quiet title actions, partition actions, construction defect claims, and all aspects of Florida real estate law. Located at 1141 SE 2nd Ave, Fort Lauderdale, FL 33316.
