Breach Contract Legal With Realtor
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FAQ
Money damages are a popular remedy for a loss resulting from a real estate contract breach. The process for calculating money damages can vary, depending on the jurisdiction. However, the general rule is that the compensation should make the non-breaching party whole.
What is a Breach of Real Estate Contract? A breach of contract occurs when a party to a valid contract fails to fulfill their portion of the agreement.
If the contract doesn't contain liquidated damages language, you can sue the buyer for damages or for specific performance. In a suit for damages, you attempt to recover the amount of money that you lost as a result of the buyer's breach.
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.
Further, a breach of contract generally falls under one of two categories: Actual breach: When one party refuses to fully perform the terms of the contract. Anticipatory breach: When a party states in advance that they will not be delivering on the terms of the contract.
