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name: purchase-agreement-breach-complaint language: en description: >- Drafts a U.S. civil complaint for breach of a real estate purchase agreement, covering jurisdiction, venue, parties, contract terms, breach allegations, damages, and remedies including specific performance. Use when preparing a breach of purchase agreement complaint, real estate contract dispute pleading, or specific performance action. tags:

• drafting
• litigation
• pleading

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Complaint for Breach of Purchase Agreement

Drafts a complaint asserting breach of a real estate purchase agreement with jurisdiction-appropriate pleading structure, breach elements, damages analysis, and remedy-specific allegations.

Prerequisites

1. Executed agreement — purchase agreement plus all addenda, disclosures, and amendments.
2. Property identification — street address, legal description, parcel/APN.
3. Party information — full legal names, entity types, formation states, principal places of business, registered agents.
4. Performance timeline — deposits, escrow instructions, conditions precedent, inspections, financing milestones.
5. Breach evidence — notice of breach, cure demands, refusal or failure to perform, key communications.
6. Damages support — contract price, market value, carrying costs, replacement transaction costs, mitigation efforts.
7. Jurisdiction and venue — forum selection clause, place of performance, defendant residence or business location, party citizenship if diversity.
8. Requested remedies — damages, specific performance, injunctive relief, attorneys' fees, interest, costs.

If any prerequisite is missing, pause and ask — do not assume or fill gaps.

Output Structure

Step 1 — Caption and Preliminary Statement

Draft the caption with court name, division, parties, case number placeholder, and jury demand if applicable.

Follow with a preliminary statement (3–6 sentences) summarizing the contract, the breach, and relief sought.

Step 2 — Jurisdiction and Venue

Element	Plead
Subject matter jurisdiction	State law basis, diversity (citizenship + amount in controversy), or federal question
Forum selection / choice-of-law	Quote clause; plead compliance or enforceability
Venue	Statutory basis tied to property location, performance location, or defendant residence

[VERIFY: Local rules for jurisdiction and venue pleading requirements.]

Step 3 — Parties

For each party: role in transaction, entity type, formation state, address, and agency or authority facts. Distinguish individuals from entities.

Step 4 — Factual Allegations

Draft a chronological narrative covering: negotiation, execution, material terms, performance obligations, breach, notice, and cure demand/failure. Cite specific contract sections and dates.

Step 5 — Cause of Action (Breach of Contract)

Plead each element with supporting allegations:

Element	Allegations Required	Source
Valid contract	Offer, acceptance, consideration, parties, signatures, effective date	Executed agreement
Plaintiff performance	Deposits paid, conditions satisfied, readiness and ability to close	Escrow records
Defendant breach	Specific obligation breached, date of breach, failure or refusal to perform	Notices, correspondence
Causation and damages	Direct and foreseeable losses resulting from breach	Damages worksheet

Step 6 — Remedy-Specific Allegations

Include as applicable:

• Specific performance — allege uniqueness of real property, inadequacy of legal remedy, plaintiff's readiness and ability to perform
• Injunctive relief / lis pendens — allege irreparable harm, property at risk of transfer or encumbrance
• Escrow relief — allege entitlement to deposit return or disbursement

Step 7 — Damages

Category	Measure	Source
Benefit of bargain	Contract price vs. market value	Appraisal, listing data
Consequential	Foreseeable losses (financing, relocation, taxes)	Invoices, statements
Incidental	Transactional costs, escrow fees	Receipts
Reliance	Out-of-pocket expenditures in reliance on contract	Financial records
Mitigation	Actions taken to reduce loss; offset amounts	Timeline, records

Step 8 — Prayer for Relief

Number each request:

• Compensatory damages (specific amount or "according to proof" per local rule) [VERIFY]
• Specific performance (if property is unique and legal remedy inadequate)
• Pre-judgment and post-judgment interest at statutory rate [VERIFY: applicable rate]
• Attorneys' fees and costs (only if contractual or statutory basis exists)
• Equitable relief tied to escrow or title

Step 9 — Execution and Filing Components

• Verification — include only if jurisdiction requires [VERIFY]
• Signature block — attorney name, bar number, firm, address, contact
• Exhibits — contract, addenda, notices, escrow instructions, key correspondence
• Civil cover sheet — attach per local court rules [VERIFY]

Guidelines

• Identify property with both street address and legal description.
• Quote or attach only the contract provisions necessary to establish breach.
• Plead conditions precedent as required by local rules [VERIFY].
• Do not request attorneys' fees absent a contractual or statutory basis.
• Do not include settlement communications or inadmissible offers (FRE 408).
• Redact confidential personal information per court privacy rules.
• For any jurisdiction-specific assumption not confirmed by provided materials, flag with [VERIFY].
• Output is draft work product for attorney review — not a filing-ready document.