Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida
786-574-4943

Breach of contract brought against home buyer

A woman attempting to sell her home is filing suit against a prospective buyer who allegedly made more than one agreement with more than one seller. Florida real estate aficionados may recognize this as a potential breach of contract, which is precisely the suit being filed in this case. The suit is being handled in a county court local to both the plaintiff and the complainant. 

The suit, which was filed on Oct. 30, alleges that a signed agreement between the two parties guaranteed that the other woman was to buy her home, which closed on Aug. 11. The seller was later informed that the prospective buyer was no longer eligible for the loan she was using to purchase the property, and so the deal fell through. However, at the same time, the purchaser was apparently also in talks with another property, the loan for which she was approved.

Because the woman allegedly was under contract with two owners at the same time, this could constitute a breach of contract when she turned one home down. As a result, the complainant is seeking actual damages exceeding $300,000 as well as punitive damages and associated court costs. The case is still under review and has not yet been ruled upon.

Real estate law can be tricky, but in the case of this breach of contract suit, Florida residents can agree that the law is fairly clear-cut. If it can be proved that the purchaser walked out on one agreement to satisfy another, she could be held responsible for some or all of the damages sought by the complainant. How much of these damages might be rewarded is up to the presiding court once a ruling has been reached.

Source: madisonrecord.com, "Suit filed against prospective home buyer for alleged breach of sales contract", Nov. 21, 2014

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