Real Estate Contract Cases
Pepper Law, PLC is a Nashville, Tennessee law firm with years of experience handling cases involving real estate contracts and breach of real estate contracts. Our Nashville real estate contract lawyers handle real estate contract disputes in Nashville and throughout Tennessee.
Generally speaking, the types of money damages available in a breach of contract case involving a real estate contract are the same which are available in other breach of contract cases. A plaintiff in a breach of real estate contract case, whether a buyer or seller, could potentially obtain:
- Compensatory damages, including but not limited to:
- money spent in reliance on the other party’s promise
- the difference in value of the property or property interest to some other marker such as the value of the property had it been as represented or the value or cost of similar property which had to be purchased
- diminution in value
- cost of repair or replacement
- lost profits
- Punitive damages
- Treble damages (if there was an intentional interference with the real estate contract)
- Attorneys’ fees and expenses if the real estate contract has a clause allowing the same (many do)
A Tennessee court can force the seller to follow through with the sale of real estate even if that seller has refused to do so after signing a contract. Tennessee law allows a buyer under a real estate sales contract a remedy called “specific performance.” Specific performance refers to an order whereby the court forces the seller to convey the real property in question. The remedy of specific performance rests on the notion that every piece of real estate is unique and money damages are not a fair substitute for something as unique as a piece of real property. The Nashville real estate contract attorneys at Pepper Law, PLC can handle specific performance cases in all parts of Tennessee.
In some real estate contract disputes, a party may need to obtain a court order preventing another party from doing something like conveying real property to some other party. Under Tennessee law, given the proper circumstances, a court may provide such injunctive relief by entering a restraining order. Restraining orders prohibit a person from doing a specified act. Under the proper circumstances, a Tennessee court may order a party to perform a particular act such as executing a deed or releasing a deed of trust or mortgage.
Lien Lis Pendens
In some situations, it is important to ensure that real property cannot be sold or pledged as collateral to secure a loan until a dispute is resolved. Tennessee law, in some cases, allows a party to obtain a lien lis pendens against real property from a court and file it with the register of deeds in the county in which the property is located. A lien lis pendens can effectively halt the sale or encumbrance of property pending the outcome of litigation.
Pepper Law, PLC will provide you with an initial consultation at no charge for your real estate contract case whether it is in Nashville or another part of Tennessee.