endstream endobj startxref Answers to questions can be compared across many jurisdictions (see Breach of Contract Defenses: State Q&A Tool). 2020); Swain v. Junior, 961 F.3d 1276, 1284-85 (11th Cir. "Brendan knows his stuff, totally helped me with my real estate fraud questions and helped me move the process forward, very honest and will come back to him always!!!! The invaluable online tool for litigation and transactional attorneys. Specific Performance - Florida Litigation Guide It also covers procedural and equitable defenses specific to breach of contract. We strongly prefer to not close on the contract. PDF Florida - Force Majeure Law - Watt Tieder First, the appellate court held that the plaintiffs remedies seeking breach of contract and specific performance were factually consistent since they were based on the same underlying factual transaction. Breach of Contract Defenses: Florida | Practical Law - Westlaw Thus, the court may deny this remedy even when the terms of the contract are unambiguous, and the remedy is available. (10) In addition to satisfaction of prima facie elements, Florida courts must also consider the following in determining whether to grant injunctive relief: (a) the nature of the interest to be protected, (b) the relative adequacy to the plaintiff of injunction and of other remedies, (c) any unreasonable delay by the plaintiff in bringing suit, (d) any related misconduct on the part of the plaintiff, (e) the relative hardship likely to result to defendant if an injunction is granted and to plaintiff if it is denied, (f) the interests of third persons and of the public, and (g) the practicability of framing and enforcing the order or judgment. Miami, FL 33133, 2221 Camino del Rio South Though, this remedy is only available to the buyer if the seller does indeed hold proper title to the property to convey. PDF Remedies for Real Property Disputes in Florida - Pronto Marketing Most real estate lawyers, like Larry Tolchinsky, offer a free initial consultation (over the phone or in person, whichever you prefer) to answer your questions. For Florida purposes, specific performance pursues the specific enforcement of transferring ownership of the subject property as contracted for in the underlying sales contract. [The buyer] argues that it was ready, willing, and able to perform under the contract, first, because [the ultimate principals of the members of the buyer limited liability company] could command credit from a bank in excess of $5 million and, second, because [the principals] each had over $5 million in cash.
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