When the Seller Won't Close: A Florida Buyer's Remedies

Published October 9, 2026 · Recalde & Friedman, PLLC

The situation

A buyer has met every contract deadline, the loan is approved, and the closing is scheduled. Then the seller says they won't sign. They may have received a better offer, changed their mind about moving, or decided the price was too low. What can the buyer do?

What the contract says

Under the Florida Realtors/Florida Bar AS IS contract, Paragraph 15(b), Seller Default, if the seller fails, neglects or refuses to perform for any reason other than failing to make title marketable after reasonable diligent effort, the buyer may:

• get the deposit back without waiving a claim for damages caused by the seller's breach; and
• under Paragraph 16, seek to recover those damages or seek specific performance.

The title carve-out matters. If the problem is a title defect the seller tried in good faith to fix and couldn't, Standard A, Title, controls instead. See when the seller can't cure title.

Specific performance

Specific performance is a court order requiring the seller to convey the property as agreed. Paragraph 15(b) of the contract expressly lists it as a buyer remedy. A buyer considering it should be prepared to show it was ready, willing and able to close, which means keeping financing and funds available. That can be hard while a case is pending.

Lis pendens: protecting the claim

Filing a lawsuit doesn't by itself bind third parties. Under § 48.23, Fla. Stat.(1)(b), an action for specific performance has no effect on the title as to others unless a notice of lis pendens is recorded in the county's official records. Without it, someone who buys the property for value while the case is pending can take free of the buyer's claim.

Because a contract to buy isn't a recorded instrument (the AS IS contract itself says it can't be recorded, Standard O), a lis pendens in a specific performance case expires 1 year after the action starts unless the court extends it for good cause (§ 48.23, Fla. Stat.(2)). The court can also control or discharge a lis pendens not founded on a recorded instrument the same way it handles an injunction (§ 48.23, Fla. Stat.(3)), which may include requiring a bond. A recorded lis pendens is serious. It can block a sale to someone else and should be used only with a legal basis to support it.

Damages

If the buyer chooses money instead of the property, damages may include out-of-pocket costs, such as inspections, appraisal and loan fees, and in some cases more. The measure depends on the facts and on Florida case law, so get legal advice before choosing a path.

The steps that come first

1. Document readiness. Keep the loan approval, proof of funds, and communications showing you could close.
2. Send written notice. Notices must be in writing and can go by mail, fax, personal delivery or email, including to the other side's broker or attorney (Standard O, Contract Not Recordable; Persons Bound; Notice).
3. Don't sign a release. A release and cancellation usually ends all claims. Read our cancellation and release checklist before signing anything.
4. Mediation. Paragraph 16 requires the parties to attempt mediation before suing, though injunctive relief may be sought without first mediating.
5. Attorney's fees. In litigation, the prevailing party recovers reasonable attorney's fees and costs under Paragraph 17. That cuts both ways.

When the seller signals early

Sometimes the seller announces before the closing date that it won't close. That can be an anticipatory repudiation. Responding well protects the buyer's position. See "we can't close" emails and anticipatory repudiation.

For listing agents

A seller who wants out should talk to counsel before refusing to close. A seller in default can face a damages or specific-performance claim, a lis pendens on the property, and a fee award.

Questions to answer before choosing a remedy

• Do you still want the property? Specific performance can take months. Damages may be faster to resolve but won't get you the house.
• Can you stay ready? Rate locks expire and loan approvals have time limits. Talk with your lender about how long your financing can stay in place.
• Is the seller's excuse covered by the contract? Title problems, casualty and force majeure each have their own provisions. A seller who points to one of them may not be in default at all.
• What will it cost? Mediation fees are split equally under Paragraph 17, and each side pays its own mediation costs. Litigation fees shift to the losing party.

Frequently asked questions