★★★★★
“We utilize them for all of our real estate and construction related legal needs. I would highly recommend them to anyone.”
Poseidon Builders
Real Estate Litigation • Contract Disputes
St. Augustine Real Estate Contract Dispute Attorneys
Failed Closings. Buyer & Seller Defaults. Deposits. Specific Performance. Contract Remedies.
When a Florida real estate contract breaks down, the contract language, deadlines, notices, contingencies and conduct of the parties can determine what happens next. St. Johns Law Group represents buyers, sellers, investors, landlords, tenants and businesses in real estate contract disputes throughout Northeast Florida.
Our attorneys evaluate the agreement, preserve available remedies and pursue resolution through negotiation, mediation, litigation, trial or appeal when appropriate.
✓Real estate and litigation capabilities within one full-service firm
✓Buyer, seller, deposit, closing and contract-enforcement disputes
✓Trial-ready representation when negotiated resolution is not enough
Contract Problem or Contract Preparation?
This Page Is for Disputes After a Deal Starts to Break Down
If you need help drafting, reviewing, negotiating or amending a contract before a dispute develops, use our separate Real Estate Contracts & Amendments page. This page focuses on defaults, failed closings, enforcement, deposits and remedies.
Common Real Estate Contract Disputes
When a Florida Real Estate Deal Breaks Down
Real estate contract disputes often turn on precise language, deadlines, notice provisions, contingencies, escrow terms and the reason a transaction did not close.
Failed Closing
Buyer & Seller Defaults
Claims involving a buyer refusing to close, a seller backing out, missed performance obligations or disputes over whether a default occurred.
Deposit & Closing Disputes → EscrowEarnest Money & Deposit Disputes
Disputes over whether the buyer, seller or another party is entitled to the deposit after termination or a failed closing.
Deposit Disputes →
Enforcement
Specific Performance
In appropriate circumstances, a party may seek a court order requiring performance of a real estate contract rather than only money damages.
Termination
DisclosureCancellation & Rescission
Disputes over contractual termination rights, rescission, return of deposits and restoration of the parties after a transaction breaks down.
Seller Disclosure & Hidden Defect Claims
Claims involving alleged nondisclosure, misrepresentation, “As-Is” contracts and material property defects.
Hidden Defect Claims → Commercial PropertyLease & Commercial Contract Conflicts
Commercial lease defaults, CAM charges, build-out obligations, renewal rights, termination provisions and other commercial contract disputes.
Commercial Leasing →
What Should You Do First?
Preserve the Contract, Deadlines, Notices & Transaction Record
A real estate dispute can become harder to resolve if documents are lost, deadlines pass or a party signs a release without understanding its effect.
- Preserve the signed contract, addenda and amendments
- Save emails, texts and written communications
- Keep inspection, appraisal, financing and title documents
- Identify cancellation, notice and closing deadlines
- Do not assume an escrow deposit can be released automatically
- Do not sign a release, termination or settlement without understanding the consequences
When Closing Does Not Go as PlannedContract • Deposit • Default • Remedies
Potential Contract Remedies
What Remedies May Be Available?
The available remedy depends on the contract language, the breach, the property, the evidence and the particular circumstances. Not every remedy is available in every case.
Specific PerformanceA request for a court to require completion of the transaction when the legal requirements are satisfied.
Monetary DamagesPotential compensation for losses legally recoverable under the contract and applicable law.
RescissionIn appropriate circumstances, cancellation of the transaction and restoration of the parties to their prior positions.
Deposit Recovery or RetentionDetermining whether earnest money should be returned, released or retained under the agreement.
Declaratory ReliefA judicial determination concerning rights and obligations under a contract or disputed property interest.
Injunctive ReliefTemporary or permanent relief intended to prevent specified conduct while rights are being determined.
How SJLG Approaches Contract Disputes
From Contract Analysis to Resolution
Real estate contract disputes should be evaluated around the governing agreement and the client's practical objective—not around litigation for its own sake.
1
Analyze the Contract
Review the executed agreement, addenda, amendments, notices, escrow provisions, contingencies and available remedies.
2
Protect the Record
Identify deadlines, preserve evidence and address immediate risks involving escrow, title, closing or property rights.
3
Pursue Resolution
Evaluate negotiation, demand, mediation or other practical options based on the dispute and client objectives.
4
Litigate When Needed
When resolution is not achievable, pursue or defend claims through litigation, trial and appellate review when appropriate.
Real Estate & Litigation Attorneys
A Team Built for Real Estate Contract Disputes
Contract disputes benefit from attorneys who understand both the underlying real estate transaction and the litigation process that follows when the deal breaks down.
Real Estate • Development • Litigation
Douglas N. Burnett
Real estate, commercial property, development and complex civil litigation.
View Attorney Profile →
HOA • Condominium • Property Litigation
Hillary E. Mesa
Association law, covenant enforcement, ownership issues and property disputes involving HOA and condominium communities.
View Attorney Profile →
Property • Construction • Litigation
Shaun C. Saliba
Property, contract and construction disputes, including trial and appellate matters.
View Attorney Profile →
Litigation • Appeals • Contract Disputes
Alex Nunchuck
Civil and commercial litigation, contract disputes and appellate representation.
View Attorney Profile →
Property • Business • Litigation
Eric D. Whitcher
Property and business matters, ownership disputes, litigation and asset-protection planning.
View Attorney Profile →
Real Estate • Contracts • Leasing
Megan Burnett Drysdale
Transactional real estate, contract review, amendments and leasing matters that often inform contract-dispute analysis.
View Attorney Profile →
Related Real Estate Disputes
Contract Disputes Often Connect to Other Property Claims
The contract-dispute page should remain focused. More specialized issues are addressed in the related SJLG real estate litigation pages below.
Real Estate Client Reviews
What Clients Say About SJLG Real Estate Counsel
Selected reviews involving real estate, property acquisitions, construction-related legal needs and complex property matters.
★★★★★
“This group has represented me for the last 8 years with start up companies, property acquisitions, land investments, building constructions, tenant agreements, and more.”
John Thousand
★★★★★
“Doug and his team were great! They were knowledgeable and responsive. Their expertise and attention to detail made a complex process much easier to navigate.”
Megan VidalClient Review
Florida Real Estate Contract Dispute FAQs
Common Questions About Failed Deals & Contract Remedies
What happens if a buyer backs out of a Florida real estate contract?
The consequences depend on the contract, applicable contingencies, the reason for termination and whether the buyer complied with required notice and timing provisions. Potential issues include return or retention of the deposit, damages or other contract remedies.
What happens if a seller refuses to close?
A buyer may have contractual and legal remedies depending on the circumstances. Those remedies can include damages or, in appropriate cases, a request for specific performance.
Who receives the earnest money deposit after a deal falls through?
That depends on the contract, the reason for termination and whether the parties agree to release the funds. When the parties disagree, the escrow holder may be unable to release the deposit without further direction or legal process.
What is specific performance in a real estate dispute?
Specific performance is an equitable remedy that may be sought in appropriate circumstances to require a party to perform contractual obligations, such as completing a real estate transaction.
Can an “As-Is” contract prevent every seller disclosure claim?
No. “As-Is” language does not necessarily eliminate every potential disclosure or misrepresentation issue. The facts, contract language and applicable Florida law must be evaluated.
Can a real estate contract dispute be resolved without a lawsuit?
Yes. Depending on the circumstances, disputes may be resolved through negotiation, demand, mediation or settlement. Litigation may be necessary when the parties cannot reach an acceptable resolution.
Should I sign a cancellation or release before speaking with an attorney?
A cancellation, release or escrow-disbursement authorization can affect contractual rights. Consider obtaining legal advice before signing a document that may waive claims or determine who receives the deposit.
Do you also draft and review real estate contracts?
Yes. SJLG handles transactional contract drafting, review and amendments through its separate Real Estate Contracts & Amendments practice page. This page is intentionally focused on disputes and remedies.
Northeast Florida Real Estate Litigation
Areas We Serve
St. Johns Law Group is based in St. Augustine and represents real estate contract-dispute clients throughout Northeast Florida.
St. Augustine & St. Johns County
St. Augustine • St. Augustine Beach • Ponte Vedra • Ponte Vedra Beach • Nocatee • Palm Valley • Vilano Beach • World Golf Village • SilverLeaf • St. Johns
Jacksonville & Duval County
Jacksonville • Jacksonville Beach • Neptune Beach • Atlantic Beach • Mandarin • San Marco • Southside • Baymeadows
Flagler County
Palm Coast • Flagler Beach • Bunnell • Marineland and surrounding residential, commercial and investment-property markets.
Other Northeast Florida Communities
Green Cove Springs • Fleming Island • Orange Park • Fernandina Beach • Nassau County • Palatka • Putnam County and other Florida communities as appropriate for the matter.
Recent Real Estate Insights
Florida Real Estate Law Articles
Recent SJLG resources addressing contracts, closings, deposits, deeds, property rights and real estate disputes.
St. Johns Law GroupDeposit Disputes
Florida Real Estate Deposit Disputes
Earnest money, failed closings, escrow and contract termination disputes.
Read Resource →St. Johns Law GroupReal Estate Contracts
Florida Real Estate Contracts & Amendments
Drafting, review, addenda and contract amendments before a dispute develops.
Read Resource →St. Johns Law GroupProperty Disputes
Florida Hidden Defect & Disclosure Claims
Seller disclosure obligations, alleged concealment and Johnson v. Davis claims.
Read Resource →
Real Estate Contract Dispute Consultation
Talk With a St. Augustine Real Estate Contract Dispute Attorney
If a purchase agreement, deposit, closing, disclosure issue or other real estate contract has developed into a dispute, tell us what happened and provide the key contract documents and deadlines.
Phone(904) 495-0400
Emailinfo@sjlawgroup.com
St. Augustine Office104 Sea Grove Main Street
St. Augustine, Florida 32080
St. Augustine, Florida 32080
Dedicated & Responsive®
Request a Consultation
Tell Us About the Contract Dispute
Provide your contact information and a short description of the transaction, dispute and any important deadlines. Our team will follow up regarding next steps.
Submission of this form does not create an attorney-client relationship. Do not send confidential or sensitive information until an attorney-client relationship has been established.