Category: Real Estate Litigation

Lis pendens is Latin for “suit pending.” A lis pendens is an official notice of a pending lawsuit against a piece of real estate that is recorded in the public record. It puts the public on notice that a lawsuit has been filed against real estate or an interest in the real estate. A lis…

Slander of title is a lawsuit to obtain damages from a lien or claim that was wrongfully recorded against the title of real property. If a lien or claim is recorded against real property and it negatively affects the title to said property, then the owner of the real property may have a slander of…

If you enter a contract in Florida, but you are unable to perform your obligations under the contract, then you might be sued for breach of contract. If you are sued for breach of contract, the following defenses might help you defend against the lawsuit: Statute of limitations – Parties only have a certain amount…

Specific performance can be an available remedy to sellers in real estate transactions, but it is rare for a seller to be granted specific performance. Specific performance is only awarded by a court if money damages are an inadequate remedy. Specific performance defined – Specific performance is an equitable remedy that can be ordered by…

Specific performance is an equitable remedy that can be ordered by a court when a contract is breached. Specific performance forces the breaching party to perform the contract pursuant to the terms of the contract. Elements of specific performance: To defend against specific performance, the first step is to show that one or more of…

Specific performance is an equitable remedy that can be ordered by a court when a contract is breached. Specific performance forces the breaching party to perform the contract pursuant to the terms of the contract. In the context of real estate, a specific performance lawsuit is commonly the buyer forcing a breaching seller to sell…

Specific performance is a remedy more commonly used by buyers when sellers refuse to close on a real estate transaction. If a seller refuses to sell, the buyer might be able to file a specific performance lawsuit to force the seller to sell the property to the buyer. A buyer seeking specific performance in Florida…

There are two possible categories of remedies when a party breaches a real estate contract, equitable and monetary. An equitable remedy requires the breaching party to do something or refrain from doing something. A monetary remedy requires the breaching party to pay the other party monetary damages. Specific performance is an equitable remedy that can…