Breach of Contract..

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Breach of Contract..

On 4/1/16 a contract was signed to sell business rent property where business
is located. Buyer paid deposit and had until 7/1/16 to pay balance of 5,000.
Buyer has been paying rent but hasn’t pay the balance of purchase. On 10/27/16
seller sent a ‘breach of contract notice’ to buyer as reminder of unpaid balance.
On the notice was said that buyer had until 11/20 to pay or will be on default,
therefore the contract was breached and buyer should have to leave premises
within 5 days. Buyer has not pay. What would be next step Florida.

Asked on November 21, 2016 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) The seller can keep the deposit--when a party to a contract breaches, the other side gets to keep the deposit.
2) The seller can sue the buyer for the profit (gross sale price less expenses) he or she would have made had the buyer not breached and the contract been fulfilled. The seller can file a lawsuit in county court for this.
3) IF and when the buyer stops paying rent, the seller can bring an eviction action in court to remove the buyer.


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