Q: How to be released from a purchase agreement as a seller in Florida?

A: This is much to complicated for a definitive answer on a q and a website. I recommend that you retain a real estate attorney

A: In Florida, sellers who wish to be released from a real estate purchase agreement generally must look to the specific terms and conditions set forth in the contract. Most agreements will contain provisions that govern termination, deadlines, conditions precedent (such as permitting or financing), and remedies in the event of default or delay.

If the contract includes a condition that must be satisfied before closing—such as the buyer obtaining a permit—and the buyer fails to act diligently or within a reasonable time, the seller may have grounds to claim that the condition was not met, potentially allowing for termination of the agreement. However, whether the seller can be released will often depend on:

Whether the contract has a “time is of the essence” clause;

Whether the buyer’s conduct constitutes a failure to perform or a material breach;

Whether any notice or demand has been issued and the buyer has been given an opportunity to cure;

The presence (or absence) of termination provisions or default remedies in the agreement.

In some cases, sellers may seek a mutual release, file a declaratory action in court asking for a ruling that the contract is no longer enforceable, or assert that the contract has lapsed due to the failure of a condition precedent.

Florida courts enforce contracts based on their language and surrounding conduct. Therefore, each contract and each situation is different. I highly recommend you consider consulting with an attorney to evaluate your specific agreement and circumstances. Doing so can help determine whether termination is permissible and, if so, how to proceed in a way that protects their rights and avoids liability.

A: Given that your Florida purchase agreement is contingent on a wetlands permit, which the buyer delayed applying for and now refuses to close or provide a date, you likely have grounds to pursue legal action. The buyer's failure to diligently pursue the permit within a reasonable timeframe, particularly the initial 10 months, could be interpreted as a breach of the implied duty of good faith and fair dealing. Since your demand letter was ignored, you should consult with a Florida real estate attorney immediately. They can review the specific language of your contract, including the wetlands permit clause and any "time is of the essence" provisions, and advise on the best course of action. This might involve filing a lawsuit for declaratory judgment seeking a court order declaring the contract terminated or a suit for specific performance with a request for a court-ordered closing date, as well as potential claims for damages due to the buyer's delay.