South Florida Real Estate Breach of Contract Claims: Common Causes and Your Legal Options
Real estate contracts in Boca Raton create legal obligations between the parties that sign them. Failing to follow through can have significant financial consequences.
Breach of contract claims arise in all types of South Florida real estate transactions, from residential purchases to commercial deals to development agreements. Our experienced Boca Raton real estate litigation lawyer explains what constitutes breach of contract and the legal remedies available.
What Constitutes a Breach of Contract in a South Florida Real Estate Transaction?
Under Florida, breach of contract is when one party fails to perform a material obligation under a valid agreement without a legally recognized excuse. Florida courts require the injured party to show that a valid contract existed, that the other party failed to perform, and that the failure caused measurable damages.
Common types of issues that can result in a South Florida breach of real estate contract claim include:
- A seller refusing to close after accepting a buyer’s offer and deposit.
- A buyer walking away from a contract without a valid contingency to justify the exit.
- Failure to disclose known material defects that affect the property’s value.
- A party missing a contractual deadline, such as a financing or inspection contingency date.
- Disputes over who bears responsibility for repairs identified during the inspection period.
- A seller conveying title with undisclosed liens, encumbrances, or title defects.
Under Section 725.01 of the Florida Statutes, Boca Raton real estate contracts must be in writing to be enforceable. Florida courts closely examine the specific contract language when evaluating breach-of-contract claims. Having a well-drafted agreement and thorough documentation gives you a stronger position from the start.
Legal Remedies For Breach of a South Florida Real Estate Contract
Florida law provides several remedies for those harmed by a breach of a real estate contract in Boca Raton, depending on the nature of the breach and what the injured party needs to make themselves whole. Options available include:
- Specific performance, which compels the breaching party to perform the agreed-upon transaction.
- Compensatory damages to cover financial losses directly caused by the breach.
- Return of the earnest money deposit, with potential additional damages depending on the contract terms.
- Consequential damages for losses flowing from the breach, such as carrying costs or lost income.
- Legal fees and court costs when the contract includes a prevailing-party fee provision.
Florida courts recognize that, in some cases, money damages are sufficient. In others, only specific performance will do.
Consult Our Experienced Boca Raton Real Estate Litigation Lawyer
A breach of contract in a Boca Raton real estate transaction can cost you significant amounts of money, whether you are a buyer, seller, investor, or developer. Our experienced Boca Raton real estate litigation lawyer helps clients throughout South Florida evaluate their claims, pursue damages, and protect their interests when transactions go wrong.
Contact Neuman Law, P.A., today and request a consultation to discuss your situation. We serve clients in Boca Raton, Palm Beach County, Martin County, Broward County, Miami-Dade County, Monroe County, and Hillsborough County.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0725/Sections/0725.01.html
flsenate.gov/Laws/Statutes/2024/Chapter686