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  1. #1
    Join Date
    Sep 2013
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    2

    Default Can a Seller Sue and Demand Damages Beyong Earnest Money

    My question involves real estate located in the State of: Florida

    Hi Everyone,
    I am new to this forum and trying to find any case law in Florida where a court has awarded more than earnest money deposit to the seller where the buyer failed to close.
    Any help and opinion will be highly appreciated.
    AS

  2. #2
    Join Date
    Jan 2006
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    38,343

    Default Re: Can a Seller Sue and Demand Damages Beyong Earnest Money

    You can chase case law if you wish but the simple answer is; yes, they can. A court can award all damages proven by a seller up to any limit that might be in any pertinent contract.

    That is a very big question you have put forth though.

  3. #3
    Join Date
    Oct 2006
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    15,185

    Default Re: Can a Seller Sue and Demand Damages Beyong Earnest Money

    Quote Quoting jk
    View Post
    You can chase case law if you wish but the simple answer is; yes, they can. A court can award all damages proven by a seller up to any limit that might be in any pertinent contract.

    That is a very big question you have put forth though.
    In other words, the contract matters and somebody needs to review the actual contract to give an accurate response.

  4. #4
    Join Date
    Sep 2013
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    Default Re: Can a Seller Sue and Demand Damages Beyong Earnest Money

    Thank you both for your opinions.
    AS

  5. #5
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    Default Re: Can a Seller Sue and Demand Damages Beyong Earnest Money

    In addition to the contract, which might define rights and remedies, it's a question of what damages can be proved. If you agree to buy property for $650,000, and after you back out the seller cannot find another buyer who will pay more than $500,000 (as might have happened to a seller around the time of the housing market collapse), you could conceivably be pursued for the difference.

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