When you choose attorney Marc Brown to advise and represent you, you’ll be placing the matter in the hands of a lawyer who has more than a decade of experience representing real estate buyers and sellers in the south Florida region. We do the necessary research, review the relevant documents, and find a way to resolve the matter – preferably through out-of-court negotiations, but we will take your case before a judge and advocate effectively on your behalf if the matter cannot be settled out-of-court. is Your Trusted South Florida Real Estate Litigation PartnerĪt the law firm Marc Brown, P.A., we offer a no-cost, no-obligation first legal consultation to real estate buyers and sellers who are dealing with a breach of contract. Discuss your options with our dedicated Fort Lauderdale attorney, Marc Brown, before you take any legal action. When a seller breaches the contract, the buyer can have his or her deposit returned and then either sue for damages or seek to force the sale of the property. If you’ve used the standard real estate contract form used by most realtors and approved by the State Bar of Florida, default is defined in the contract itself. If the seller contracted to make the sale and then backs out, you’ll need to scrutinize the contract carefully – with attorney Marc Brown’s help. While it is usually the buyer who has second thoughts about a real estate transaction, in some cases sellers decide that they don’t really want to sell the property. Can You Sue a Seller for Breach of Contract? If some issue is preventing your real estate sale from closing, should you try to enforce the sales contract – or rescind it and let the purchaser out of the transaction? Or should you simply keep the deposit and seek another buyer? Each remedy has its own legal consequences.įort Lauderdale real estate litigation attorney Marc Brown can explain the details and implications of your particular circumstances and help you determine which option is in your long-term best interests. What Happens When a Real Estate Contract is Breached? When a property buyer in Florida – or the seller of a property – breaches a real estate contract, the other party has several legal remedies available. Fort Lauderdale real estate attorney, Marc Brown can help you understand your obligations and your options. That’s one reason why you must read a real estate contract closely before you sign it. In most real estate contracts, the agreement itself spells out the seller’s options if the buyer defaults. When a buyer does not meet the obligations required by a real estate sales contract, what steps can the seller take?Your first step is to contact the Fort Lauderdale law firm of Marc Brown, P.A. Any discrepancies between Commission-approved forms and the forms made available by a third-party should immediately be brought to the attention of the third-party vendor.Here in South Florida, buyers breach real estate contracts frequently and in all kinds of ways. Licensees shall continue to be responsible to ensure that any third-party vendor forms used are the Commission-approved forms. Licensees are advised that third-party vendors may make Commission-approved forms available for use by real estate brokers.
The Division of Real Estate, on behalf of the Colorado Real Estate Commission, makes Commission-approved forms available to third-party vendors upon request. Other forms used by a broker shall not be prepared by a broker, unless otherwise permitted by law. If a real estate broker uses an attorney-prepared form as provided in Rule 7.1, such broker shall continue to be responsible to make all required disclosures to all parties under applicable laws, rules and regulations governing real estate brokers. If a real estate broker is a party to a transaction (e.g., listing contract, or a purchase and sale contract and broker is acting as a principal), such broker may engage counsel to prepare a form for the transaction so long as the form conspicuously states the form is not a Commission-approved form. Real estate brokers are required to use Commission approved contracts and forms as appropriate to a transaction or circumstance.
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