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Suing Seller for Breach of Contract Real Estate in Fort Lauderdale

Suing Seller for Breach of Contract Real Estate in Fort Lauderdale, FL

If you’re a homebuyer in Fort Lauderdale, FL, dealing with the breach of contract by a seller, it can be incredibly frustrating and stressful. Real estate transactions are significant financial commitments, and when a seller fails to honor their contract, the consequences can be severe. Understanding the process of suing a seller for breach of contract in real estate and the specific requirements within Broward County is essential to protecting your rights and investment.

Understanding Breach of Contract in Real Estate

In real estate transactions, a breach of contract occurs when one party fails to perform any term of the contract without a legitimate legal excuse. Common examples include failing to disclose property defects, not providing clear title, or not completing agreed-upon repairs.

Relevant Laws and Legal Grounds

Breach of contract lawsuits in Florida fall under contract law. Florida Statute 95.11 outlines the statute of limitations for filing a lawsuit, giving you five years to bring a case for a written contract breach. For specific details, refer to the Florida Statutes.

Steps in Suing for Breach of Contract

Certain steps need to be followed to ensure a successful lawsuit:

Review the Contract: Ensure you have all the necessary documents.
Identify the Breach: Clearly outline how the seller has failed to meet the contract terms.
Attempt Resolution: Mediation or arbitration might resolve the dispute without going to court.
File a Lawsuit: Draft a complaint and file it with the relevant court in Broward County.
Prepare for Court: Gather evidence and prepare your case for trial.

Common Breaches in Real Estate Contracts

Failure to Transfer Clear Title: The seller doesn’t provide a clear title.
Non-Disclosure of Defects: The seller fails to disclose known property issues.
Missed Deadlines: Seller fails to meet contractual deadlines.

Potential Remedies and Damages

If you win your case, you could be awarded several types of remedies or damages:

Compensatory Damages: Monetary compensation for losses incurred.
Specific Performance: Court order requiring the seller to fulfill the terms of the contract.
Rescission: Termination of the contract, returning both parties to their pre-contract positions.
Punitive Damages: In rare cases, additional compensation to punish the seller.

Importance of Hiring a Litigation Lawyer

Hiring an experienced litigation lawyer is crucial. They can help navigate the legal complexities, gather necessary evidence, and represent you in court. Joseph Hughes, a seasoned real estate litigation lawyer in Fort Lauderdale, offers professional services tailored to real estate disputes, ensuring your case is handled with expertise and care.

Frequently Asked Questions

Question	Answer
What is the first step in suing a seller for breach of contract?	Review the contract and identify the specific breach terms.
Can I resolve a breach of contract without going to court?	Yes, mediation or arbitration may resolve the dispute amicably.
What types of damages can I recover in a breach of contract case?	Compensatory damages, specific performance, rescission, and in some cases, punitive damages.
How long do I have to file a lawsuit for breach of contract in Florida?	You have five years from the date of the breach to file a lawsuit.

Local Resources

Resource	Contact Information
Broward County Clerk of Courts	Broward Clerk of Courts
Florida Statutes Online	Florida Statutes
Florida Department of Business & Professional Regulation	DBPR

Contact Joseph Hughes for Legal Assistance

For those in Fort Lauderdale and Broward County facing real estate litigation, Joseph Hughes offers the experience and local expertise needed to handle breach of contract cases effectively. With in-depth knowledge of Florida’s real estate laws, you can trust Joseph Hughes to guide you through every step of the legal process, securing the best possible outcome for your situation. Reach out today at (954) 256-5125 or visit Hughes Real Estate Law for more information.