Navigating Breach of Contract Claims: A Comprehensive Guide for Real Estate and Business Professionals

Navigating Breach of Contract Claims: A Comprehensive Guide for Real Estate and Business Professionals

Navigating Breach of Contract Claims: A Comprehensive Guide for Real Estate and Business Professionals


Contracts are the cornerstone of business transactions, serving as legally binding agreements that outline the rights and obligations of parties involved. However, when one party fails to fulfill its contractual obligations, it can lead to a breach of contract, potentially resulting in disputes and legal actions. Real Estate Law Corporation understands the complexities of breach of contract claims and aims to provide real estate and business professionals with a comprehensive guide on navigating this intricate landscape.

Understanding Breach of Contract

Defining Breach: A breach of contract occurs when one party fails to perform its obligations as outlined in the contract.

Types of Breach: Breaches can be material (significant) or minor (less substantial) and can involve a failure to perform, delayed performance, or non-compliance with contract terms.

Remedies: Depending on the circumstances, remedies for breach of contract can include damages, specific performance, or contract termination.

Identifying Elements of Breach

Existence of a Valid Contract: To establish a breach, there must be a valid and enforceable contract in place.

Non-Performance: One party must fail to fulfill its contractual obligations as agreed upon.

Causation: The non-performance or breach must be the direct cause of harm or damages suffered by the other party.

Notice: The non-breaching party usually must provide notice of the breach to the other party.

Types of Breach Claims

Material Breach: A significant breach that goes to the core of the contract’s purpose and deprives the non-breaching party of the benefits.

Minor Breach: A less significant breach that does not fundamentally alter the contract’s purpose but still causes some harm.

Anticipatory Breach: When one party communicates in advance that they will not fulfill their contractual obligations.

Actual Breach: Occurs when one party fails to perform as agreed upon at the time of performance.

Steps in Addressing Breach of Contract Claims

1. Review the Contract

Examine the contract to understand the terms, obligations, and performance requirements.

2. Confirm the Breach

Verify that the other party indeed failed to meet their contractual obligations.

3. Document the Breach

Collect evidence, communications, and records that substantiate the breach claim.

4. Assess Damages

Determine the extent of financial losses or harm suffered due to the breach.

5. Communication

Notify the breaching party of the breach and express your intention to seek remedies.

6. Consider Remedies

Evaluate the available remedies, such as damages, specific performance, or contract termination.

7. Negotiation and Resolution

Engage in negotiations to resolve the breach before pursuing legal action.

8. Legal Action

If negotiation fails, consider filing a lawsuit to seek remedies through the legal system.

Defenses Against Breach Claims

1. No Breach Occurred

Argue that no breach of contract actually occurred, disputing the claim.

2. Performance Excused

Claim that performance was excused due to unforeseen circumstances or force majeure.

3. Breach was Minor

Assert that any breach that occurred was minor and did not substantially harm the non-breaching party.

4. Waiver

Argue that the non-breaching party waived their right to enforce the contract terms.

Seeking Legal Guidance

Expertise of Legal Professionals

Engage legal experts to assess the breach claim, evaluate the merits, and provide guidance on the best course of action.

Negotiation and Mediation

Legal professionals can assist in negotiation and mediation efforts to resolve the breach without resorting to litigation.


If necessary, legal experts can guide you through the process of filing a lawsuit and seeking remedies in court.


Real Estate Law Corporation recognizes the significance of effectively navigating breach of contract claims. By understanding the elements of breach, identifying types of breach claims, following a structured approach to address breaches, considering available defenses, and seeking legal guidance when needed, real estate and business professionals can navigate this complex terrain with confidence. Breach of contract claims, while challenging, can ultimately lead to the resolution of disputes and the preservation of business relationships, reinforcing the importance of vigilance, communication, and collaboration in the realm of contracts and agreements.

Whether you’re a property owner, investor, or business owner, Real Estate Law Corporation™ is your trusted partner on the path to legal success. Contact us today to embark on a journey of exceptional legal support. Our team of seasoned attorneys brings decades of experience to every case, demonstrating a profound understanding of real estate law, transactions, litigation, business intricacies, and estate planning. With a proven record of success, our portfolio is adorned with numerous landmark cases that stand as a testament to our dedication, expertise, and commitment to achieving favorable outcomes for our clients.