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Buyers and sellers enter into real estate contracts when the former make offers with adequate consideration and the latter accept them. The contracts are legally binding and are enforceable under the law. Hence, there's a breach of the contract if one party doesn't fulfill its obligations.


Ways a Breach of Real Estate Agreement Can Happen


Parties can breach real estate agreements in these ways:


● A buyer doesn't get adequate financing before the transaction's closing date.

● A buyer doesn't sell their house before closing on the new property.

● The seller reneges on closing after signing the real estate contract.

● A buyer doesn't pay on time.

● The seller tries to modify contractual terms after an initial agreement.


There may also be material and non-material breaches. A material breach involves the breaching party's failure to act or actions substantially affecting the non-breaching party, denying them what they had bargained for in the arrangement. Meanwhile, a non-material happens when a real estate party violates minor or tangential terms of the real estate contract.

A material breach can also lead to termination, while a non-material breach often results in financial compensation or seeking specific performance.


Remedies for Breaches of Real Estate Contracts


A seller can seek these remedies if the buyer breaches the real estate contract:


● Keep the earnest money and terminate the contract.

● Bring an action against the buyer for specific performance.

● Sue for violation of the real estate contract.


A buyer can seek these remedies if the seller violates the real estate contract's terms:


● Seek financial compensation for the violation of the contract.

● Terminate the agreement as well as request the seller to return the deposit money.

● Pursue specific performance (forcing the seller to complete the transaction)


Legal Assistance for Breach of Real Estate Contracts


The Law Office of Andre Clark can help you if someone breaches a real estate contract. We are a professional and affordable law firm offering reliable legal services to clients across California. Our experienced attorneys can study your real estate contract, examine the other party's violations, as well as recommend the best course of action. Please book your free consultation to enjoy our satisfactory legal services.

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There are many different spheres in law. A typical legal system constitutes the criminal justice as well as civil litigation systems. Basically, this means that court proceedings constitute criminal proceedings and handle civil matters. That said, criminal and civil proceedings are distinct. As such, they are handled by different attorneys who specialize in specific areas. In this regard, understanding the basics of civil litigation as well as a civil litigation attorney's purpose is imperative. Essentially, this helps you navigate the legal system efficiently and, at the same time, avoid the conflicting as well as complex procedures involved. Here's a brief elucidation of what you need to know about civil litigation as well as the duties of a civil litigation attorney.


What is Civil Litigation?


Put simply, civil litigation is a term that denotes a legal dispute between two or more parties who are seeking monetary compensation or specific performance and does not entail any criminal accusations or sanctions.


What Does a Civil Litigation Attorney Do?


Generally speaking, a civil litigation attorney is a skilled person who handles civil litigation cases. However, legally speaking, they are trial lawyers or litigators who represent either a plaintiff or a defendant involved in a civil dispute.

Contrary to a criminal defense attorney where the defendant is up against the prosecution, the trial lawyer represents either party to a dispute in civil litigation. What's more, the dispute is decided on a balance of probability.


What Areas Does a Civil Litigation Attorney Handle?


Civil litigation law is also very broad. As such, most civil litigation attorneys have specific areas in which they specialize rather than attempt to handle all the areas. Some of these areas include:


● Product liability

● Personal Injury

● Workers compensation

● Divorce

● Construction liability

● Medical malpractice

● Real estate disputes


How Can a Civil Litigation Attorney Help?


When handling a civil dispute, a civil litigation attorney sets out to ensure that their client receives a favorable outcome in the legal dispute. To achieve this, the attorney:


● Interviews clients

● Files paperwork on behalf of the client

● Safeguards the rights of the client

● Conducts depositions

● Drafts motions

● Determine the best strategy for each case.


Need Help? Contact an Attorney


The law can sometimes be complex. As such, it may be challenging to understand the procedural and substantive law involved. For this reason, it is imperative to contact an attorney who will help shed more light on your case.

Contact us today for a free case evaluation.

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A contract is a legally enforceable agreement between two or more parties. It can only be deemed valid once the contract satisfies all the elements pertaining to a contract. However, a legal impasse often arises where one of the parties to the contract refuses to cooperate or when one part of the contract is unenforceable. If such a situation arises, it becomes imperative to take legal steps to enforce the actions. The following are some of the critical steps to take when it comes to enforcing a contract.


Enforcing a Minor Breach


A minor breach can impact the enforceability of a contract. In such a case, allow the other party to rectify the situation to address the breach. Essentially, this helps avoid using the courts as an avenue for resolving the problem.

Typically, the two parties will have to develop a solution to the problem and make the contract enforceable.


Enforcing a Material Breach


Contrary to a minor breach, a material breach occurs when one of the parties fails to complete performance within their part of the agreement. In such a case, the terms of the contract specify possible remedies available in the event of a breach.

Oftentimes, the contract provides for damages in the form of compensation awarded to the other party when a material breach occurs.


Enforcing a Contract with a Lawyer


The enforceability of a contract is determined by looking at the contract's language and the parties' actions. For example, if the contract envisions an illegal action, then that contract is generally unenforceable under the law. However, if the contract envisions legal action but one of the parties fails to perform their part due to complications, then this might constitute a breach.


In this case, an attorney can help the parties understand the contract's language and make amendments to ensure that the contract is legal and enforceable.

However, if enforcing a contract becomes challenging due to a material breach, the attorney may seek legal recourse in court. Effectively, the court will determine the main issue and address the enforceability of the contract.


Need Help? Contact an Attorney


Enforcing a contract is necessary in order to ensure that the parties perform their parts. However, it can become complicated where the contract's language is difficult to understand or where there is a material breach. For this reason, it is imperative to have a competent and qualified attorney by your side.


Essentially, an attorney will provide a breakdown of the contract's terms and help resolve any minor errors that may make the contract enforceable.

Contact us today for a free case evaluation.

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