In most breach of contract cases, the correct remedy for any wrongdoing by the defendant is an award of money damages reflecting the extent of the economic losses that the plaintiff proved. In some circumstances, though, when a case revolves around a parcel of property, it may be true that the only way for that victim of breach to be what the law calls “made whole” (meaning fully compensated) is by an order of specific performance, which means forcing the owner to transfer the property to the plaintiff who was harmed by the breach. Whether the recovery you need is an award of money damages or an award of specific performance, make sure you have the adept legal representation your case needs by retaining a skilled South Florida real estate attorney.
So, what does it take to get specific performance – or to keep your opponent from getting specific performance – in Florida? A recent contract dispute case from Miami offers a good illustration.
In 2008, a developer group purchased a property in the financial district. Within that 2008 sales contract, the buyer and the seller included a provision creating an option for the seller to repurchase the property. In 2015, after the seller unsuccessfully sought to exercise that option, it sued for breach of contract.