Legal Question in Real Estate Law in Florida
Seller breach of sales contract
Contract provided for seller to make repairs prior to closing, but was unable to. Contract expired, and seller decided to sell as is, and return buyer deposit. Buyer wants to force sale from seller. Contract provides for dispute resolution through mediation and/or arbitration. Can buyer place lis pendens/injuction, or otherwise prevent seller from selling property (ps - property also in foreclosure).
3 Answers from Attorneys
Re: Seller breach of sales contract
Your rights to sue may be limited depending on how the parties handled the non-performance of the contract. If you opted not to purchase the property due to lack of repairs and now want to purchase at a discount because the property is in foreclosure, then you may not be able to and may have waived any rights to purchase the property upon accepting your deposit monies and seller's non-performance. Be careful when filing a lien, if you are doing it just to hold up a sale of the property without sufficient basis or justification to do so, the court may fine and sanction you.
Re: Seller breach of sales contract
Yes, the buyer may file suit to enforce the contract and together with the filing of the lawsuit file a lis pendens to put all others on notice of the claim relating to the property. The seller should consider doing the right thing before the problem explodes in seller's face and ends up costing the seller more money than seller can afford.
Re: Seller breach of sales contract
Yes. But you should 1. Act fast and 2. retain counsel.
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