Legal Opinion

Victory Christian World Ministries, Inc. v. MJP Distribution LLC

District Court of Appeal of Florida

Decided July 13, 2016No. 4D15-2909Published

1Opinion of the CourtForst, J.

The issue in this case is whether the Appellee, MJP Distribution LLC (“Seller”), is entitled to enforce a liquidated damages clause in a real' estate contract with the Appellant, Victory Christian World Ministries, Inc. (“Buyer”). We affirm the trial court’s grant of summary judgment enforcing this clause.

Background

Buyer and Seller entered into a real estate contract for the purchase of a specific piece of property. The final purchase price was $606,000 and Buyer made two deposits totaling $75,000. The contract contained liquidated damages provisions that stated:

If Buyer fails to perform…

2Cases cited5 opinions

  1. Wright & Seaton, Inc. v. PrescottDistrict Court of Appeal of Florida · 1982
  2. BLUE LAKES APT. v. George Gowing, Inc.District Court of Appeal of Florida · 1985
  3. Ocean Dunes of Hutchinson v. ColangeloDistrict Court of Appeal of Florida · 1985
  4. Redington Grand, LLP v. Level 10 Properties, LLCDistrict Court of Appeal of Florida · 2009
  5. Developers of Solamar, LLC v. WeinhauerDistrict Court of Appeal of Florida · 2009

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