Bernhard Law Firm Wins Specific Performance of Design District Sale

This week Bernhard Law Firm obtained a judgment to specifically perform closing of a Design District real estate sale that had been held up for three years. The sellers also covered the firm’s attorney’s fees and costs for having withheld sale (Florida Bar disclaimer: results may not be typical. You may not have as beneficial a result, or same or similar results). If you have questions related to specific performance or breach of a real estate contract, please contact Bernhard Law Firm at 786-871-3349, abernhard@bernhardlawfirm.com, www.bernhardlawfirm.com.

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Design District
“Palm Court” Photo provided by management (Feb 2016), via https://www.tripadvisor.com/Attraction_Review-g34438-d267232-Reviews-Miami_Design_District-Miami_Florida.html#photos;aggregationId=&albumid=101&filter=7&ff=172916376

According to the allegations of in the lawsuit, the buyer contracted with sellers in June 2015 for purchase of real estate in the highly coveted Design District, now designated historical property. The sellers drafted a contract providing that upon delivery of a deposit, the sellers would enter closing to transfer clear title to the property. All agreed and signed. The buyer transferred the deposit and readied the full purchase price for exchange of the deed, but the sellers refused to close. The buyer completed all conditions precedent to the sale. After the buyer’s repeated requests for sellers to properly close, the sellers stopped communication. Bernhard Law Firm thus sought enforcement of the sales contract or damages for lost investment, and for declaration that the sellers expressly waived their rights so that the sale could close and clear title could transfer. This week, the Court entered a long-awaited judgment ordering the sellers to close before the end of the year, while also paying the buyer’s attorney’s fees spent in litigating the matter.

If you have questions related to specific performance or breach of a real estate contract, please contact Bernhard Law Firm at 786-871-3349, abernhard@bernhardlawfirm.com, www.bernhardlawfirm.com.

Bernhard Law Firm

 

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