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Remedies available to both Buyers & Sellers First, wait for the due date and after the non performance by the other party sue him for damages. Second, sue immediately without waiting for the actual non performance of the terms of the contract.
The most common material breach by buyers in real estate contracts is failing to follow through with a closing and not actually paying for and taking possession of the property as agreed to in the contract. When a buyer breaches a real estate contract, the seller may be entitled to monetary damages.
Remedies available to both seller and buyerSuit for repudiation of contract before date or anticipatory breach.Interest by way of damages and special damages.
The Buyer forfeits the deposit (paid on exchange) and this is kept by the Seller together with any accrued interest. the Seller can resell the property (and any contents included in the original contract) and claim damages from the Buyer.
The standard conditions provide that if the buyer fails to complete after a notice to complete has been served, the seller may rescind the contract, and, if the seller does so, it may forfeit and keep the deposit and accrued interest.