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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100014
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Thank you I am a self employed building contractor and real

Customer Question

Thank you My name is Nelson ********, I am a self employed building contractor and real estate broker in Sarasota Florida, currently I in a contract with a client who is represented by an agent, *********** for ********* Reality located in Charlotte County. I have recently been informed that there is a current and binding contract that was executed previously with another builder. I have informed Mr. Stanek that he needs to clean up his old business dealings, and one of the contracts has to be terminated. In the event he does not terminate the first contract do we have the right to sue for specific performance.
Also I believe that FREC has to be notified of this situation.
Also please let me know of your fees prior to response to this matter. Thank You Nelson ************
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. If client enters into a contract with A, and then with B, for the same thing, then the client is liable to both parties. Obviously only one party is going to do the job, which means that if A does the job, B can still enforce the contract by suing for breach of contract. The elements of a breach of contract claim are that: (1) a contract existed, (2) the contract was breached, and (3) damages flowed from that breach. A.R. Holland, Inc. v. Wendco Corp., 884 So. 2d 1006, 1008 (Fla. 1st DCA 2004).

The relief sought would simply be the money, not necessarily the contract action (if already done by A).

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 9 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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