Real estate transactions in Florida are governed by detailed contracts that outline the obligations of both the buyer and the seller. When one party fails to fulfill their end of the agreement, it results in a breach of contract. Whether you are dealing with a residential home in Orlando or a commercial property in Miami, understanding your legal rights is essential before moving forward with a claim. At Rocky Rinker Law, we help clients navigate these complex disputes. Here is what you need to know about the types of breaches, potential remedies, and the steps involved in a Florida real estate claim.

Florida Real Estate: Common Types of Real Estate Breaches

A breach of contract can occur in various ways throughout the life of a real estate transaction. For sellers, a common breach involves the failure to disclose known material defects about the property. Florida law requires sellers to be transparent about issues that are not readily observable but significantly affect the value of the home. Another frequent seller breach is the refusal to close after all contingencies have been met.

For buyers, the most common breach is the failure to secure financing within the agreed upon timeframe or simply backing out of the deal without a valid legal excuse. Buyers may also breach the contract by failing to provide the initial escrow deposit on time. Every contract has specific deadlines, and even a delay of twenty four hours can sometimes be considered a material breach depending on the language of the agreement.

Remedies for a Breach of Contract

When a breach occurs, the non breaching party has several legal paths they can pursue. The most common remedies in Florida real estate litigation include the following options.

First, there is specific performance. This is a unique legal remedy where the court orders the breaching party to actually complete the transaction. This is most often used by buyers against sellers because real estate is considered unique. If a seller tries to back out of a deal simply because they received a higher offer, a judge can force the sale to proceed as originally contracted.

Second, the parties may look to liquidated damages. Most Florida real estate contracts, such as the widely used FAR/BAR contract, include a clause regarding the earnest money deposit. If the buyer defaults, the seller is often entitled to keep the deposit as liquidated damages. This serves as compensation for the time the property was off the market.

Third, a party may seek compensatory damages. This involves suing for the actual financial loss suffered due to the breach. For example, if a buyer has to pay for a second inspection or incurs additional storage and moving costs because a seller failed to move out on time, those costs may be recoverable.

The Importance of Pre-Suit Requirements

Before you can file a formal lawsuit in a Florida court, you must ensure you have met the requirements set forth in your specific contract. Many Florida real estate agreements include a mandatory mediation clause. This means that the parties are required to meet with a neutral third party to try and resolve the dispute before a judge ever sees the case. Failing to attend mandatory mediation can result in the dismissal of your claim or the loss of your right to recover attorney fees.

Florida Real Estate: Why You Need Professional Legal Guidance

Real estate litigation is time sensitive and highly technical. Florida has a specific statute of limitations for filing breach of contract claims, and missing a deadline can permanently bar your right to recovery. Additionally, the language of the contract itself dictates which remedies are available. At Rocky Rinker, we provide the aggressive advocacy and meticulous attention to detail required to protect your investment. If you believe a breach of contract has occurred, contact our office today to discuss your options and ensure your interests are protected throughout the legal process.