Breach of Real Estate Contract by Seller in Fort Lauderdale, FL

Are you a home buyer in Fort Lauderdale facing difficulties due to a seller not fulfilling their obligations under a real estate contract? Understanding your rights and taking appropriate action after a breach of contract is a no-brainer. Real estate transactions are significant investments, and any breach by the seller can lead to financial and emotional distress. Trusted Real Estate Attorney Joseph Hughes is available to assist if you have questions.

Understanding Breach of Real Estate Contract by Seller

A breach of contract occurs when one party fails to meet the terms agreed upon in a binding agreement. In real estate transactions, this can happen when a seller does not fulfill their contractual obligations, such as:

  • Failing to provide clear title to the property
  • Not completing agreed-upon repairs
  • Withdrawing the property from sale after accepting an offer
  • Delaying closing without a valid reason

The repercussions of a breach can be severe, causing delays, additional costs, and potentially losing the opportunity to purchase the property. Knowing how to handle a breach of real estate contract is crucial.

Legal Recourse for Seller Breach Of Contract

When a seller breaches a real estate contract, the buyer has several legal remedies available. These include:

1. Specific Performance

Specific performance is a legal remedy where the court orders the seller to complete the sale. This remedy is commonly sought in real estate transactions because each property is unique, making monetary compensation inadequate in many cases.

2. Monetary Damages

Buyers can seek financial compensation for losses incurred due to the breach. This can include expenses like additional moving costs, rent, mortgage interest rate increases, and legal fees.

3. Rescission

Rescission allows the buyer to cancel the contract and return both parties to their original positions before the agreement. This can be an appropriate remedy if continuing with the transaction is no longer viable or desirable.

4. Filing a Lis Pendens

Filing a lis pendens can prevent the seller from transferring the property to another buyer while the dispute is being resolved. This notice ensures that any prospective buyer is aware of the ongoing litigation regarding the property.

Relevant Florida Laws For Seller Breach Of Contract

Florida law provides specific protections and obligations for real estate transactions. Some relevant statutes and regulations include:

Steps to Take When Facing a Breach of Real Estate Contract by Seller

If you encounter a breach of contract, acting promptly is necessary. Here are some steps to consider:

  1. Document everything: Keep detailed records of all communications, agreements, and expenses.
  2. Review the contract: Understand your rights and obligations as stated in the agreement.
  3. Notify the seller: Inform the seller in writing about the breach and your intention to pursue legal remedies if not resolved.
  4. Seek legal advice: Consult with a real estate litigation lawyer to explore your options and understand the best course of action.

Seller Breach of Contract Local Resources

If you are involved in a real estate dispute in Fort Lauderdale or Broward County, several local resources may be helpful:

Resource Contact Information
Broward County Clerk of Courts http://www.browardclerk.org/ | (954) 831-6565
Fort Lauderdale Building Services https://www.fortlauderdale.gov/departments/sustainable-development/building-services | (954) 828-6320
Florida Department of Business & Professional Regulation (DBPR) http://www.myfloridalicense.com/dbpr/ | (850) 487-1395

Seller Breach of Contract FAQs

Question Answer
What constitutes a breach of real estate contract by the seller? A breach occurs when the seller fails to meet their obligations under the contract, such as failing to deliver a clear title or withdrawing from the sale.
What is the best remedy for a breach of contract? The best remedy varies by case but can include specific performance, monetary damages, rescission, or filing a lis pendens.
How long do I have to take legal action? In Florida, the statute of limitations generally provides up to five years to file a lawsuit related to a breach of contract.

Contact Joseph Hughes for Legal Assistance

Dealing with a breach of real estate contract can be overwhelming. If you are in Fort Lauderdale or Broward County and require experienced legal representation, reach out to Joseph Hughes at Hughes Real Estate Law. Our team is committed to helping you resolve your real estate disputes effectively.

Address: 1141 SE 2nd Ave, Fort Lauderdale, FL 33316

Phone: (954) 256-5125