Legal Question in Real Estate Law in Florida

Breach of Contract & Legal Recourse?

Listed home with agent. Agent did not advertise home as stated. Showed home to 1 person he did not personally know. He makes offer, we agree to low offer w/as is contract. He puts his wife as buyer. He sets closing date, my spouse and I both give 2 wks notice at work and send our children ahead to relatives so they can be in school. After this is done, and we are not working, he puts of closing because of contract issues ( he didn't put in disclosure about him and his wife ). We talked with bank, they said everything was good, just waiting on underwriters to send back contract. We placed offer on home where we are moving. Then agent puts closing off by 2 days, says they didn't have money for closing. Gets money, sets new closing date, calls at 9:30pm to say they weren't approved for loan. Calls back in morning , says they were approved, but there are repair issues the bank wants addressed. We went with an as is contract and accepted $33,000 less than appraisal so we would not have to make any repairs. Now the mortgage is due on home, we will be losing money placed on home we made offer on, we are out of work, separated from our children, we are at a complete loss.

Thank you in advance for your time


Asked on 3/02/07, 10:15 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Breach of Contract & Legal Recourse?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The best advice anyone can give you now is to immediately meet with a qualified real estate attorney to review the terms of your lease and provide you with an accurate assessment of your situation. Without reading the contract, anyone will simply be guessing what your rights and/or remedies might be.

Scott R. Jay, Esq.

Read more
Answered on 3/02/07, 5:23 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida