Legal Question in Real Estate Law in Florida

Re: recorded mtg. over the sales price of contract

The previous replies should convince you to seek competent counsel now.

Re: recorded mtg. over the sales price of 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 you are instructed to stop here, and do not read any further.

I am not exactly sure what your question is....rather you seem to have made a statement.

If the seller refuses to proceed with the transaction, you will need to file suit for specific performance. A review of your Contract may indicate that the prevailing party in an action to enforce the terms of the Contract is entitled to an award of attorney's fees.

I strongly suggest that you meet with a real estate attorney to review the specifics of this situation and to obtain answers to direct questions you may have.

Scott R. Jay, Esq., 305-249-8000

Re: recorded mtg. over the sales price of contract

NOTE: This communication is not intended to be legal advice. Instead, it is intended solely as a general statement regarding legal principles. You should not rely on or take any action based on this communication without first presenting all relevant details to a competent attorney in your jurisdiction, receiving such attorney's individualized advice for you, and establishing an attorney-client relationship. By reading this "Response" to your question or comment, you agree that the opinion expressed herein and/or the information contained in this response is not intended to, nor does it, create any attorney-client relationship with the law firm of Gonzalez & Associates, P.A. or any of its attorneys, nor does it constitute legal advice to any person or entity reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree with the foregoing, then you are instructed to stop here, and do not read any further.

Your question or statement is confusing. Based on the information you have provided, I believe your problem involves the breach of a real estate contract by the seller. Your contract should set forth the remedies available in the event of a default, one of which should be specific performance. You should meet with a real estate lawyer experienced in real estate litigation regarding the immediate filing of a civil action for specific performance and the recording of a lis pendens putting the world on notice that you have a claim involving the property, which will impede the seller's ability to sell to a third party. Your contract probably provides for the recovery of attorneys' fees and costs for the prevailing party in any dispute or litigation arising from or relating to the contract. The seller is trying to play fast and lose, and the law appears to be on your side. Good luck.