casemark/breach-purchase-complaint

Complaint for Breach of Purchase Agreement

Generates a filing-ready complaint alleging breach of a real property purchase agreement with jurisdiction-specific formatting and element-driven pleading.

Prerequisites

Collect before drafting:

• Executed purchase agreement — all addenda, amendments, exhibits
• Party details — full legal names, entity types, formation states, registered agents, addresses
• Breach documentation — correspondence, notices, cure demands, performance timeline
• Damages evidence — closing costs, market values, mitigation expenses, consequential losses
• Court/jurisdiction — target court, local rules, formatting requirements

Workflow

1. Caption

Include court name (division/department), blank case number, full party names with entity designations, and title "COMPLAINT FOR BREACH OF PURCHASE AGREEMENT." Format per local rules.

2. Jurisdiction & Venue

• State subject-matter jurisdiction basis (amount in controversy or statutory grant)
• Address any forum-selection or choice-of-law clauses in the agreement
• Tie venue to property location, contract execution location, or defendant's residence/principal place of business
• Cite jurisdictional statute (long-arm if applicable)

3. Parties

Allege for each party: full legal name, address, entity type and formation state (if applicable), role in the agreement (buyer/seller/assignee), and any DBAs. For entity defendants, include registered agent.

4. Factual Allegations

Structure as numbered paragraphs in chronological order:

1. Formation — execution date, property (address, APN, legal description), price, payment terms
2. Material terms — contingencies, closing date, inspection periods, financing, special provisions
3. Plaintiff's performance — obligations met, payments made, conditions satisfied (dates and amounts)
4. Defendant's breach — specific unperformed obligations, breach date, notice given, cure opportunity
5. Post-breach — communications, failed cure, mitigation efforts

Quote exact contract language for breached provisions. Use specific dates, amounts, and document references.

5. Cause of Action

Plead each element with cross-references to factual paragraphs:

| Element | Allegation | |---|---| | Valid contract | Mutual assent, consideration, capacity, lawful object | | Plaintiff's performance | Conditions precedent performed or excused | | Defendant's breach | Specific provisions violated, manner of breach | | Causation | Breach directly and proximately caused damages | | Damages | Categories and amounts |

Cite the governing state's elements standard [VERIFY citation for target jurisdiction].

6. Damages

| Category | Calculation | |---|---| | Direct/expectation | Contract price vs. market value differential | | Consequential | Foreseeable losses at time of contracting | | Incidental | Inspection fees, appraisals, interim housing, storage | | Mitigation costs | Actual expenses of reasonable mitigation |

• Check for liquidated damages clauses or damage caps in the agreement
• If earnest money at issue, state amount and current holder
• Use specific amounts or "according to proof at trial" per local practice

7. Prayer for Relief

Request each applicable remedy:

• Compensatory damages (stated amount or according to proof)
• Specific performance (if property unique and money damages inadequate)
• Pre- and post-judgment interest at statutory rate
• Attorney's fees — cite contract fee-shifting clause or statute
• Costs of suit
• Catch-all: "such other relief as the court deems just and proper"

Note: some jurisdictions require ad damnum amounts; others prohibit them. Conform to local rules.

8. Verification & Signature

• Verification under penalty of perjury by plaintiff or authorized representative [VERIFY: notarization vs. unsworn declaration for target state]
• Signature block: attorney name, bar number, firm, address, phone, email, party represented

Pitfalls

• Fraud creep — do NOT allege fraud elements unless specifically instructed; keep the theory clean contract breach
• Settlement references — do NOT include settlement communications or FRE 408 / state-equivalent protected material
• Entity defendants — verify active status with Secretary of State before naming
• Doe defendants — include only if jurisdiction permits
• Jury demand — include in complaint if desired; some jurisdictions require it at this stage
• Exhibits — attach the purchase agreement and key correspondence; reference by exhibit letter
• E-filing — confirm format, size, and naming requirements before submission