You signed a valid contract. You put down a deposit. You were ready to close. But then, the seller backed out—perhaps because the market went up, or they received a higher offer. You filed a lawsuit for Specific Performance to force the sale.
But now, you face a new nightmare: The seller is actively marketing the property to someone else.
While a lawsuit is pending, unscrupulous sellers often try to lease, encumber, or even sell the property to a third party to complicate your claim. In Florida, filing a lawsuit isn't always enough to stop them. You may need an Emergency Temporary Injunction.
Why Money Damages Are Not Enough
In most breach of contract cases, the court simply awards money to the winner. But real estate is different. Under Florida law, real property is considered "unique."
As the Fifth District Court of Appeal noted, "because real property is considered unique, money damages to a contract purchaser of real property is an inadequate remedy at law." Sterling Crest, Ltd. v. Blue Rock Partners Grp., LLC, 164 So. 3d 1273, 1274 (Fla. 5th DCA 2015).
If you contracted to buy a specific oceanfront condo or a particular commercial lot, a check for damages doesn't replace the property you lost. The courts have long recognized that money damages upon breach of a purchase and sale agreement adequately compensate "neither a seller... nor a buyer, deprived of ownership and possession." Bell v. Alsip, 435 So. 2d 840, 842 (Fla. 4th DCA 1983).
If the seller sells the property to a "bona fide purchaser" while your case is pending, you might lose your right to the property forever. This creates "irreparable harm," which is the key trigger for an injunction.
The 4 Requirements for a Temporary Injunction
To get a judge to stop a seller from marketing or selling a property immediately, you must prove four specific elements. As explained in Fla. Ass'n of Realtors v. Orange Cnty., 350 So. 3d 115, 117 (Fla. 5th DCA 2022), the party seeking the injunction must establish:
A substantial likelihood of success on the merits: You must show you have a valid contract and the seller breached it without a valid legal excuse.
The likelihood of irreparable harm: You must show that losing this specific property cannot be fixed by a simple cash payment.
The lack of an adequate legal remedy: You must show that only an injunction can protect your rights.
That the public interest supports the injunction: Courts generally agree that enforcing valid contracts promotes stability. See Hilb Rogal & Hobbs of Fla., Inc. v. Grimmel, 48 So. 3d 957, 958 (Fla. 4th DCA 2010).
Beyond the Lis Pendens: Why You Need an Injunction
Many plaintiffs file a Lis Pendens (a notice of the lawsuit in the public records) and think they are safe. While a Lis Pendens clouds the title, it does not physically stop the seller from acting.
An injunction goes further. It is a court order that can specifically prohibit the seller from marketing, showing, leasing, or encumbering the property. Florida courts have recognized the parallel between these remedies, noting that "the courts may control and discharge a notice of lis pendens as the courts may grant and dissolve injunctions." De La Fuente v. Adrian Developers Corp., 967 So. 2d 251, 252–53 (Fla. 3d DCA 2007).
In a rising market, sellers often try to "wait out" the buyer or find a backup offer that will pay more. An injunction freezes the status quo, ensuring the property is still there when you win your case.
Conclusion
If a seller is trying to profit from a rising market by breaching your contract, you cannot afford to wait for a trial that might be a year away. You need immediate protection to preserve your investment.
Is a seller threatening to resell your property? Contact Revah Law Group immediately at (305) 315-4605 or email Phil@RevahLaw.com. We specialize in emergency equitable relief to protect real estate buyers.