Galloway Sun Estates, Inc. v. Juan C. Rodriguez and Raul Rodriguez

Outcome: Specific Performance Awarded in Favor of Plaintiff

Description: The Plaintiff is a developer that was assembling property in Miami-Dade County in order to build a single family residential development at the height of the development "boom." The Plaintiff entered into a contract to purchase a parcel of land from the Defendants. The subject property was one of only two remaining parcells that would allow the Plaintiff to complete the assemby and proceed with its planned project. The Plaintiffs undertook due dilligence and re-zoned the property. Theafter, the Defendants refused to close on the sale of the subject property. We filed this lawsuit seeking specific performance of the real estate purchase and sale contract and recorded a Lis Pendens against the property on behalf of the Plaintiff. The Defendants vigorously defended the case on the basis that the Plaintiff did not close in a timely manner. The case was referred to arbitration. At the arbitration, we were able to prove that the Defendants' agent orally agreed to extend the closing date, then the Defendants imroperly refused to close, and that the Defendants were not ready, willing and able to close on the sale of the subject property on the initial date set forth in the contract.. The arbitrator ordered that the subject propery be sold by the Defendants to the Plaintiff for the contract price less the Plaintiff's attorneys fees. Thereafter, the Defendants sold the subject property to the Plaintiffs for the contract price less the attornes fees incurred by the Plaintiff in this action.