Whether you are buying or selling a residential or commercial property, you will sign a real estate agreement that lays out all the terms and conditions that each party must fulfill in order for the deal to close. Real estate contracts include purchase prices, closing dates, the date the buyer will take possession, what appliances or other items will be included or not included in the sale and more. But sometimes people don’t follow through on their contractual obligations. When one party does not fulfill the terms they agreed to, they are in breach of contract, and the non-breaching party may be able to take legal action against them.
If you are party to a real estate contract or a lease agreement and the terms have been violated, our experienced real estate breach of contract attorney can advise you of your rights. Carlos M. Amor is a skillful real estate lawyer and contracts attorney who is also a licensed real estate broker. He is well-informed about breach of contract in Florida in real estate matters. And if you have been accused of breach of contract, he can defend your interests. To arrange a consultation, call attorney Amor at (954) 453-7200. For our clients’ convenience, we offer free consultations, by phone, via video meeting or in person.
What is a Breach of Contract in Real Estate?
A breach of contract happens when one party to a real estate agreement does not complete their end of the bargain. There are both non-material and material breaches. A non-material breach is a minor breach of contract terms that does not threaten the entire purchase or sale. A material breach is a significant failure that can result in the non-breaching party’s canceling the deal and filing a lawsuit for damages.
For example, when a residential or commercial property buyer cannot obtain financing before closing or a seller cannot convey clear title to a property, these are breach of contract cases that may result in agreements being canceled and in subsequent legal action. Other breach of contract claims can be related to violations of easement agreements, how leased commercial property can be used or developed, option to purchase agreements, right of first refusal contracts, and landlord-tenant agreements, as other examples.
Essentially, when a property-related contract has been signed by both parties and one party does not follow through on their responsibilities under the contract, it may result in a material breach of contract claim.
Real estate contracts, especially in cases of commercial property, can be extremely detailed and complex. It is always to your benefit when entering into a purchase, sale or other contract to have the agreement prepared by a knowledgeable Florida attorney who understands the state’s contract laws. Reach out to Plantation attorney Carlos M. Amor when you need a contract prepared or reviewed or you need assistance in a breach of contract case.
How Do You Handle Breach of Contract?
If you are the wronged party in a material breach of contract situation, you are probably wondering what you can do about it. Typically to be successful in a breach of contract claim, there are several things that must be proven. They include the following:
- That you had entered into a valid contract according to the law
- That you were upholding or had upheld your part of the agreement
- That the conditions allowed the breaching party to uphold their end of the contract
- That the failure of the other party to adhere to the terms amounted to a substantial or material violation of the contract
- That your losses were directly caused by the breach of contract.
Because proving liability in these cases can be very complicated, the first thing you should do is contact a breach of contract attorney who is highly skilled in handling real estate agreements. Attorney Carlos M. Amor has extensive background in real estate law and contract drafting and can advise you about possible legal remedies based upon your situation. You can speak to him by calling attorney Amor at (954) 453-7200 to arrange a free consultation. For the convenience of clients, free consultations are offered by phone, via video meeting or in person.
What Are the Remedies for Breach of Contract?
Real estate contracts often have verbiage describing monetary remedies in case of a breach. Monetary remedies in real estate breach of contract cases could include the seller’s retaining the earnest money deposit put down by the buyer when the buyer did not fulfill the terms of the contract. Or if there was no such language in a contract, the wronged party may ask for money damages in a lawsuit.
Another potential remedy in a real estate breach of contract case is called specific performance. In this remedy, the court could order the breaching party to make good on their obligation to the other party. One example of specific performance is if a judge orders a seller who is trying to renege on selling a property to make good on their contractual obligation and transfer ownership.
Every breach of contract case is different. What remedy may apply to your situation depends upon whether you were buying or selling property, whether you are a landlord or tenant bringing a claim, or other circumstances involved.
When you need the assistance of a breach of contract attorney for a real estate matter, reach out to Carlos M. Amor to schedule a consultation at (954) 453-7200. Attorney Amor offers free consults, by phone, via video meeting or in person.
Understanding Fraud and Breach of Contract
Our Breach of Contract Attorney Can Determine Whether Fraud Was an Element in Your Case
In some breach of contract cases, fraud may also be a factor. Basically, fraud is when a party to a real estate contract has no intention of fulfilling their obligation to the other party, even though they signed the contract. They may have actually induced the other party into entering into the contract for the purpose of defrauding them, which is known as “fraudulent inducement.” While fraud in breach of contract cases is not the norm, as most breach of contract cases involve parties who intended to deliver on their end of the bargain but could not for some reason, when it occurs it can be especially damaging.
For this reason, if fraud is found to be a factor in a breach of contract claim, it can result in a much higher damage award for wronged parties. When fraud is proven, it can allow for punitive damages to be awarded by the court in addition to other damages. Punitive damages are money damages that are meant to punish parties and to discourage the same behavior in the future.
If you have a reasonable belief that fraud was present in your breach of contract case, it can be to your benefit to prove it, because you will not only punish the guilty party but also get punitive monetary damages. But proving fraud in a breach of contract case is very difficult. You will have to show the court that the other party intentionally misled you about material facts specifically to defraud you. This isn’t easy, and there can be a fine line between contract fraud and breach of contract. Depending on the circumstances, the courts may rule that the two claims are duplicative and throw out the fraud claim.
Attorney Carlos M. Amor understands what may constitute fraud on breach of contract cases. Once he learns about all the facts of your situation and your goals, he will advise you about the best way to proceed in your case. We offer free consultations. Call us today to arrange a time to speak with us.
Florida Statute of Limitations for Breach of Contract Claims
Florida Statute § 95.11 sets the time limit for bringing breach of contract claims in real estate cases as four years from the time the contract was violated. If you believe you were wronged by a breach of contract, do not wait to speak with an attorney and take a chance on missing this deadline. However, even if you believe the statute of limitations may be coming up quickly or may even have passed in your case, you should still consider seeking the guidance of a Florida breach of contract attorney as there may be exceptions to the deadline based on all the unique factors involved.
Why You Need the Help of an Attorney in a Real Estate Contract Case
As you well know, real estate transactions involve very large sums of money. Buying a home or commercial property is one of the most significant investments you will ever make. A breach of contract can cost you substantially, whether you are a buyer or seller who was wronged. Before entering into a real estate deal, you should have the contract carefully reviewed by an attorney who will look out for your individual interests. Our contract drafting and contract review attorney drafts solid real estate contracts that stand up to legal challenges. If another party has already drafted the contract, Carlos M. Amor will carefully review it to make sure it effectively represents your needs and does not violate your legal rights. He can also explain every term and condition in your real estate contract to you to make sure you thoroughly understand your own responsibilities in fulfilling the contract, so you don’t find yourself accused of a breach. Whatever help you need with a real estate or lease contract, you can rely on attorney Amor for help.
Reach Out to an Experienced Breach of Contract Attorney
Plantation Real Estate Lawyer Carlos M. Amor Provides Free Consultations
If one side in a real estate agreement does not fulfill their part of the bargain, it can have serious consequences for the wronged party. When this has happened to you, you need the help of a lawyer to advise you about remedies you may have and to litigate on your behalf. Plantation Attorney Carlos M. Amor is both a skillful real estate lawyer with extensive contracts experience and a licensed real estate broker in Florida. He can represent your interests in contract disputes when the other party has not fulfilled their contractual obligations.
Additionally, real estate contracts are very complicated. As a contract review attorney, Attorney Amor can prepare your contract to ensure it is fair to you. He can also review previously prepared contracts to make sure that you understand all the terms and that they are in your interests, thus helping you avoid inadvertently breaching the contract yourself.
Call today at (954) 453-7200 today to arrange a consultation. Attorney Amor offers free consults, by phone, via video meeting or in person.