Failing to fulfill one’s duties in a real estate contract may result in costly and time-consuming disputes. If the parties involved in the agreement cannot find an alternative to resolve the issue out of court, Florida law has specific provisions to determine the outcome of each case.
In this article, you will discover the remedies for real estate disputes in Florida.
Remedies for Real Estate Disputes in Florida – Full Walkthrough
Real estate disputes often arise from the failure of one of the parties involved in an agreement to satisfy the terms and conditions outlined in the contract. Depending on the severity of the breach and other elements assessed by courts, the injured party may be entitled to different remedies.
Damages
One of the most common remedies for real estate disputes in court is awarded through legal damages.
A Florida court usually awards general or compensatory damages to put the injured party in the position it would have been in if the breach of contract did not occur. If the injured party suffered a loss indirectly caused by the breach of contract, it is possible to seek special damages.
It is rare to find real estate litigations that result in special damages, as most disputes are resolved through general or compensatory damages. When the contract specifies the amount to be paid in case a breach occurs, the injured party may receive liquidated damages.
Specific Performance
Florida courts may also compel the breaching party in a real estate litigation to perform specific legal contractual obligations. This remedy is referred to as “specific performance,” which is considered an equitable remedy.
This solution is mostly applied in cases where simply refunding the injured party would not provide sufficient compensation. Before opting for this route in court, a plaintiff must consider the value of the contract and the reason that led the other party to breach the contract.
For example, asking a court to request specific performance in a case where the defendant is physically unable to perform accordingly would be useless.
Restitution
The purpose of restitution is to refund the injured party for the harm suffered from the breach of the real estate contract. This solution is generally applied in cases where the contract is unenforceable or features impracticable terms.
It is vital to differentiate the concept of restitution from compensation. While compensatory damages are calculated based on the loss of the injured party, restitution is calculated based on the defendant’s gains from the breach of the real estate contract.
Rescission
Depending on the severity of the case, a Florida court may order the rescission of contract. In such cases, this equitable remedy allows the injured party to cancel the real estate contract. It is also possible to seek a consensual contract rescission if both parties involved agree to do so. This solution is often applied in cases involving fraud, counterfeiting, and other torts.
Protect Your Rights in Florida Real Estate Disputes – Immediately Seek Expert Legal Guidance
A well-versed advisor in Florida real estate and contract law, Attorney Romy B. Jurado willingly wants to help protect your interests. Contact us today by calling (305) 921-0976 or emailing [email protected] to find a cost-effective solution for your case.
