FLORIDA REAL ESTATE LITIGATION

Serving Ormond Beach, Palm Coast, Flagler County, and Volusia County
Real Estate Litigation | Breach of Contract | Probate & Trust Real Estate Disputes

Breach of Real Estate Sales and Loan Agreements in Florida

Disputes involving breach of Florida real estate contracts are increasingly common in Ormond Beach and Palm Coast. Whether the issue involves a failed residential closing, a commercial real estate dispute, an earnest money deposit conflict, or construction loan litigation, Florida courts strictly enforce written agreements.

Florida Statute of Frauds – Written Real Estate Contracts Required

Under Florida Statute § 725.01, contracts for the sale of land must be in writing and signed by the party against whom enforcement is sought. Essential terms must include identification of the parties, description of the property, consideration, and material obligations.

The Florida Supreme Court in DK Arena, Inc. v. EB Acquisitions I, LLC, 112 So. 3d 85 (Fla. 2013), confirmed that promissory estoppel cannot be used to avoid the Statute of Frauds in real estate disputes.

Earnest Money Deposit & Liquidated Damages Litigation

Earnest money deposit disputes frequently arise in Ormond Beach and Palm Coast real estate transactions. Florida courts evaluate whether a liquidated damages clause reasonably approximates anticipated damages and whether it preserves mutuality of remedies.

In Lefemine v. Baron, 573 So. 2d 326 (Fla. 1991), the Florida Supreme Court held that a clause allowing a seller to retain a deposit or sue for additional damages was an unenforceable penalty because it destroyed mutuality.

Specific Performance Lawsuits in Ormond Beach and Palm Coast

Because real property is considered unique, buyers may pursue specific performance to compel transfer of property. To prevail, a plaintiff must prove a valid enforceable contract, readiness and ability to perform, and lack of an adequate remedy at law.

Construction Loan and Commercial Real Estate Litigation

Developers and borrowers in Palm Coast and Ormond Beach may assert claims involving breach of construction loan agreements, wrongful refusal to fund draws, or mismanagement of loan proceeds. These disputes often involve complex commercial litigation strategy.

Statute of Limitations for Florida Real Estate Contract Claims

Actions founded on a written contract generally carry a five-year statute of limitations under Florida Statute § 95.11(2)(b). Rescission claims typically have a four-year limitation, and specific performance actions may be subject to shorter statutory periods.

Schedule a Confidential Real Estate Litigation Consultation

If you are involved in a breach of real estate contract dispute in Ormond Beach, Palm Coast, Flagler County, or Volusia County, early legal evaluation is critical. Our firm handles residential real estate litigation, commercial property disputes, probate-related real estate conflicts, and trust litigation involving real property.  T:  877-667-1211.