Boswell v. Zegeye

The seller appeals a partial summary judgment that determined he was not entitled to a one million dollar deposit as liquidated damages for the buyers’ breach of an agreement for the sale of real property. The outcome of the appeal is determined by whether Lefemine v. Baron, 573 So.2d 326 (Fla.1991) applies. We hold that it does not and reverse.

On June 23, 2005, the buyers agreed to purchase the seller’s home for $5,750,000. The buyers paid an initial deposit of $275,000 with the balance due at the August 15, 2005 closing. The contract provided “for liquidated damages of all deposits in full…