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name: breach-purchase-complaint language: en description: Drafts a state-court complaint for breach of a real property purchase agreement. Triggers when the user needs to initiate a lawsuit for breach of a real estate purchase contract, purchase agreement breach, or buyer/seller contract dispute. Covers caption, jurisdiction/venue, party allegations, chronological facts, contract elements, damages, and prayer for relief. tags:

• drafting
• litigation
• pleading

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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