Legal Question in Real Estate Law in Florida
Failure to honor contract
We recently signed a contract to sell our home, the buyer added a stipulation for us to finish some work before closing, which we did. She then failed to put down her deposit as required and has avoided the realtors ever since. Do we have any legal recourse for her failure to follow through with the contract to buy without notifying us, or for the items we fixed for the home to be ready to buy as she requested?
1 Answer from Attorneys
Re: Failure to honor contract
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 Buyer has breached the contract unless she exercised some contingency which you did not mention. You are generally entitled to keep a portion of the deposit to be shared with the realtors as described in your contract. Penalties upon breach are clearly delineated in every standard contract in use in Florida.
If you are unsure of your rights, you should consult a real estate attorney who can review the contract and advise you accordingly.
Scott R. Jay, Esq.