Each contract is different and likely has a provision that defines what constitutes a default. The contract may provide for a time for seller to cure a default, usually a specified number of days. The contract for your specific transaction should be carefully reviewed to determine what constitutes a default.
Some general examples of a seller default in Florida real estate contracts include the following:
• Not providing completed disclosures on time.
• Not disclosing that condominium special assessments exist or are pending.
• Not providing a mortgage payoff for seller’s mortgage on the property.
• Not signing closing documents in time for closing.
• Not allowing access to the property for inspections or appraisals.
• Not making agreed upon repairs.
• Not disclosing a material fact about the property that the seller knows about that affects the value of the property and cannot be readily observed by the buyer.
• Not using reasonable diligence to clear title issues, liens, permit issues, or code enforcement violations in time for closing.
If the seller in your real estate transaction is not fulfilling the seller’s obligations under the contract, you should contact a real estate attorney immediately.