Legal Question in Real Estate Law in Florida

Seller of Home

We had a buyer for Our home and had contract another one to buy. The day before closing the Real Estate said the buyers couldn't get a decent mortgage rate. I thought a person needed a firm Mortgage within 10 days of signing contract. Anyway the Broker(boss) of Real Estate bought Our home. I asked about the original people's Escrow Money. She said they got it back. Doesn't sound right to us. Anyway the Broker came up with just enough money to allow us to purchase the Home we had contract. That was the 15th of Sept. Because of Hurricanes She stated She couldn't get Insurance. So the Insurance is still in Our name. Also She was to tranfer the electric to herself. She didn't. We had a good deal of money that was to come to us. She said She would settle everything that following Monday(20th) Or for sure Tuesday(21st) Well we are still waiting! Of course Hurricane Jeanne came so now She has to wait til Insurance writes policy. We are losing money due us from Our Home Insurance from the Home She bought, as well as electric bill and no interest on the money due us. We think this whole deal doesn't add up. Is there a possibilty We can Sue for breach of contract from original people and also The Real Estate?


Asked on 9/28/04, 10:43 am

3 Answers from Attorneys
Scott W Barger Barger Law Offices

Re: Seller of Home

Multiple causes of action.

You may wish to speak with FREC (FL Real Estate Commission), as to seemingly unethical treatment by your broker.

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Answered on 9/28/04, 10:26 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Seller of Home

The information you have provided is confusing, but I think I understand what is going on here, and you should consult with an attorney as you may have multiple claims (breach of contract against original buyer and fraud-based claims against broker). I would need to review all of the contracts and other papers relating to your deals to give you a better idea of what rights and possible remedies you may have that may put some money in your pocket. If you are interested, please call my office at 305-424-0236.

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Answered on 9/28/04, 11:04 am
Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: Seller of Home

Any claim you may have will depend on the specific language of your purchase agreement with the original owners and any oral/written agreement with the broker.

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Answered on 9/28/04, 12:24 pm


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