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Breaches of Contract

There are many contracts created where one or the other party often has second thoughts after it has been finalized.

Unfortunately, the wording in most of these contractual agreements is solid enough that a breach of the contract results in negative consequences for the party that does so after having doubts. This could be buyers that decide they no longer want to buy the property, sellers have possible better offers elsewhere after the contract has been signed, or money becomes an issue for those interested.

Breach of Real Estate Contracts

Real estate disputes often arise because a party to the transaction has committed a breach of contract. A common dispute is when a seller wrongfully refuses to transfer title to the buyer or when either the buyer or seller has defaulted on a purchase agreement or other contract in connection to the real estate transaction. Unless otherwise limited by the legal document, there are four basic remedies available to the wronged party.

Money Damages

In UK, Turkey and Pakistan, a buyer who breaches a sales contract may be liable to the seller for monetary damages. This is usually calculated as the difference between the contracted price and the market value (minus any deposits or other monies the breaching buyer has already given to the seller). The seller may alternatively bring an action for specific performance (described below). However, specific performance is usually more effectively used by a wronged buyer than by a wronged seller, the reason being that a breaching buyer will simply claim that he cannot financially satisfy a judicial decree requiring him to purchase the subject property.

Termination of the Contract

In some cases, the best remedy to seek is termination of the contract. This usually involves the buyer being refunded his or her deposit as well as expenses incurred during the failed transaction such as attorney fees, survey fees, title inspection fees and other costs of examination.

Specific Performance of the Contract

An action requesting specific performance involves a party asking the court to force the opposing party to perform their contractual obligations. A judge ruling that the seller MUST sell the house to the buyer is an example of specific performance being used as a remedy.

Liquidated Damages

Parties to a contract may want to agree in advance as to the amount that will be owed by a breaching party. This amount will be set forth in the contract and will not be disputed if a breach occurs. These are called liquidated damages. However, in order for liquidated damages to be enforceable, they cannot act as a form of punishment against the breaching party. Additionally, liquidated damages will usually only be enforceable if it is determined that calculating actual damages for the particular breach at issue is difficult and the liquidated damages are reasonable under the circumstances. An example of liquidated damages can be found in a standard residential sales contract that states that if the buyer fails to perform his/her obligations under the contract, the seller is entitled to keep the deposit.

Have an Experienced Real Estate Attorney

It is important to have an experienced attorney, capable of formulating a winning strategy to handle your breach of contract case. Breach of contract cases are filled with obstacles. We will work with you, side-by-side, to help ensure you receive proper compensation from the wrongdoing of a buyer or seller.

Our Breach of Real Estate Contracts Lawyers serve in the UK, Turkey and Pakistan.

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Meet Our Team

Rockstars of HAS Properties

Sajid Mahmoud CEO

A little about me: I am a London native, licensed to sell real estate since 1998. My business is built on the referrals of past clients and colleagues from other cities. I would happily provide you with a list of references who would be willing to tell you about their experiences working with me. I work with sellers and buyers in all price ranges – I have now been in the business so long that I am selling houses to (and for) children of clients! I have substantive experience in the oldest established neighborhoods of UK, Turkey and Pakistan cities and also in the newer developments of the suburbs.
Clients say that my strengths are my knowledge of construction and quality, my use of thorough data and analysis in valuation, my patience during extended buying periods, and that I don’t apply pressure. I don not shy away from pointing out the shortcomings of a property or a neighborhood, and I regularly refer back to your stated goals to keep the process focused and efficient. It is rare that I don’t develop a friendship with my clients during our time together.

Samatha Grymes Realtor

As a London native and Realtor, I decided to embark on my journey to serve my clients in the Residential Real Estate realm. My ultimate goal is to make every client a client for life. My background in communication provides me with a solid foundation to be able to listen to my client’s needs. This allows me to tailor my approach in order to provide the best possible outcome for my clients. Whether you are buying, selling or investing, I am eager to advise.

As my client, you will be provided an incomparable level of personal attention and constant communication. I have an integrated network of affiliated licensed professionals such as home inspectors, mortgage lenders and transaction specialists who deliver any assistance my clients may need during the process. I value the level of trust my clients have in me and have their best interest above all else.

Justin McDaniel Realtor

A UK native, Justin McDaniel understands the value of hard work and perseverance. Growing up in London as the son of a realtor, Justin was taught that to be successful he would need to put into life what he wanted to get out of it. With this life lesson internalized at an early age, Justin would find success in almost every endeavor he embarked upon in his adult life.

Though real estate was not his first career, Justin found success in both the freight industry as well as on the golf course as a sales professional and professional golfer, respectively. While the career in the freight industry taught him how to be a keen negotiator, the golf course taught him how to focus on his goals and never lose sight of them. With these skills he would enter the real estate industry with a bang, successfully closing over £3 million pounds in sales within his first year.

Now a veteran realtor, Justin’s momentum in the industry continues to grow. As an London resident for the past 16 years, along with his prior careers and a reputation for professionalism and integrity, Justin has developed a wide network of both clients and business partners. This network, combined with his passion for sales, has proven to be the catalyst to his initial and continued success in the industry.

Understanding that his clients count on him throughout the entire process of buying or selling a home, Justin makes it a point to be available for them. In fact, many of his clients rave about his availability, pleased that he is able to accommodate tough schedules and last-minute requests. This, coupled with his excellent negotiation skills, remarkable patience, and in-depth knowledge of the local real estate market, has set him apart from others in the industry. Focusing primarily on residential sales in the tri-cities and north central San Antonio areas, Justin’s clients look to him for expert guidance when navigating the highly competitive UK housing market.

Janet Key Realtor

I graduated from the University of Cambridge with a BS in Economics. I was Licensed to sell real estate in 1983 I began working in field. I was the number one McMASKER agent in the Aberdeen in 1990 and 1991. The Governor at the time, Ann Richards, recognized my contribution in helping jump start the economic recovery of the region. To date, I have over 1200 sales with approximately 850 of those in HAS Properties.

I believe that there is no substitute for HONESTY, INTEGRITY, KNOWLEDGE and PERSEVERANCE. My motto is “Do it right the first time”.

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