Service Overview
Focused legal support for breach of agreement of purchase and sale
An Agreement of Purchase and Sale is one of the most important documents in a real estate transaction. When either side fails to complete the deal, the dispute can escalate quickly and expose the parties to significant financial loss.
Our office assists clients with litigation arising from a breached APS, including failed closings, deposit disputes, and claims for damages or other remedies. Whether you are a buyer seeking compensation or a seller trying to recover losses from a defaulting purchaser, timing and strategy matter.
Common ways an APS may be breached
These disputes often involve:
- Failure to close on the scheduled closing date
- Deposit disputes after the transaction collapses
- Misrepresentation about an important fact affecting the property
- Failure to satisfy or properly deal with a key condition of the agreement
Remedies for buyers and sellers
Depending on the facts, a seller may seek to keep the deposit and recover losses tied to a lower resale price or carrying costs. A buyer may seek the return of the deposit, damages for the loss of the bargain, or in limited cases, specific performance where the property is truly unique.
Because market conditions, mitigation issues, and closing documents can all affect the claim, these matters should be assessed quickly. Our office helps clients understand their rights and the practical next steps when a real estate deal falls apart.