When there is a breach of contract, the non-breaching party typically sues for monetary damages. Provided the 'relevant business risk was not foreseeable at the inception of the agreement and could not have been the subject of an express contractual agreement,' a defendant may assert the defense of impossibility of performance in a breach of contract action." Id The Case of Our Savior Lutheran Church v. Tom Jones Enterprises, Inc. Heres an example of specific performance litigation in action here in Florida. As an equitable remedy, a defendant can also defend against an award of specific performance if they can demonstrate serious unfairness, undue hardship or unreasonable prejudicial delay. These articles are for informational purposes only and should not be relied upon as legal advice. Brown v. Dorby, 311 So.2d 159 (Fla. 2d DCA 1075); See Also Lasseter v. Dauer, 211 So.2d 584 (Fla. 3d DCA 1968). Cox v. La Pota, 76 So.2d 662 (Fla. 1955). All of this makes the specific performance remedy difficult to enforce when the agreement to sell real estate is an oral contract. The trial court held that the option to take as is was timely exercised. Closing never occurred and the buyer sued the seller for specific performance to force the seller to close on the sale of the land. Avery v. Marine Bank & Trust Co., 216 So.2d 251 (Fla. 2d DCA 1968). Address is 4 Linwood Drive, Fort Walton Beach, Florida. Brendan A. Sweeney, Esq., is an AV Preeminent Martindale Rated Attorney, that has been recognized as a Florida Super Lawyer in 2019, Florida Legal Elite in 2019, and as a Florida Super Lawyer Rising Star in 2018, 2017, 2016, 2015, and 2014. We are in the Tampa Bay area of Florida and can serve clients throughout the state, nationwide, and even abroad. When a party to a contract fails to perform their contractual obligations, the injured party has a right to file a lawsuit for breach of contract. The ERA realtor agent is using typical sales pressure points to close the deal. Specific performance is a form of remedy recognized in every state, as well as under federal law; however there are nuances in how specific performance must be asked for and proven, as well as when it will be legally awarded, which depends on specific state statutes and case law. Florida Specific Performance in Real Estate Agreements. Its business, just business, in many of these scenarios. An example of specific performance may play out, as mentioned, in a real estate contract where a seller refuses to close on the transaction. An affirmative defense does not contest the primary claims or facts (for example . As discussed previously, force majeure clauses may address parties' obligations under such circumstances. 2020), a buyer entered into a land sale contract with a seller. In an earlier article, I talked about the election of remedies doctrine. Top Defenses to Breach of Contract in Florida Specific performanceis a method of remedy recognized in every state, as well as under federal law. Ranking NFL's top 10 defenses for 2021: Hail to the Football Team, with The Allegro at Boynton Beach, L.L.C. Supreme Court: Fla. Dept of Health v. Florigrown, LLC, 317 So.3d 1101, 1110 (Fla. 2021); Gainesville Women Care, LLC v. State of Fla. 210 So.3d 1243, 1258 (Fla. 2017); Liberty Counsel v. Fla. Bar Bd. However, temporary injunctive relief may be granted without the posting of a bond in the following situations: 1) injunctions entered on the pleading of a municipality or the state or any officer, agency, or political subdivision thereof; or 2) injunctions issued solely to prevent physical injury or abuse of a natural person. Id. March 1, 2022); Chanel, Inc. v. exquisite527620 Store, 2021 WL 6135077, *3 (S.D. 3d 1009, 1011 (Fla. 5th DCA 2020); Dickerson v. Senior Home Care, Inc., 181 So.3d 1228, 1229 (Fla. 5th DCA Dec. 18, 2015). ", "Sweeney is incredibly effective and aggressive when necessary. hbbd``b`@ H0k _$ { ( The trial court entered a final judgment ordering specific performance of the contract; the church appealed that decision. You should consult a licensed professional attorney for individual advice regarding your own situation. 9. A decree of specific performance is an equitable remedy granted at the discretion of a trial court. hb```f``e ,7>wu j03C1C7`C$ ]@gT0 ' Specific performance is an equitable remedy that, under Florida law, is effectively the same as, and synonymous with, injunctive relief. In addition, Florida law excuses performance of a contract, if performance is either impossible or the contract purpose has become commercially frustrated.5 For either of these defenses to apply, the performance must be more than difficult or burdensome.6 Further, these defenses will not apply if the impossibility or frustration of purpose was New Orleans Saints. Most defenses to a breach of contract claim are referred to as "affirmative defenses." As a legal matter, this means that the party raising the defense (the person sued for breach of contract) has the burden of proving the defense, if the dispute goes to trial. 5 However, the performance must be more than difficult or burdensome.6 The defense of impossibility of performance refers to the occurrence of an event that is However, its important to understand that specific performance is not necessarily available for every contract dispute. 2 Defenses to Claim for Temporary Injunction (1) Fla. R. Civ. Even assuming that the evidence established a period longer than six months, the option was never effectively exercised. Oct 6, 2022); Melendez v. Secretary, Florida Dept of Corrections, 2022 WL 1124753, *9 (11th Cir. With a Contractual Right, Tortious Interference: 3. Florida's Statute of Frauds- Performance of Non-Written/Oral Contracts Specific Performance and Florida Contract Law Each of the parties to this Agreement will be entitled to enforce this Agreement, specifically, to recover damages by reason of any breach of this Agreement, and to exercise all . Specific performance is a form of remedy recognized in every state, as well as under federal law; however there are nuances in how specific performance must be asked for and proven, as well as when it will be legally awarded, which depends on specific state statutes and case law.
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