Purchase Agreement Breach Complaint

---
name: purchase-agreement-breach-complaint
description: Drafts a U.S. civil complaint pleading breach of a real estate purchase agreement, including jurisdiction, venue, parties, contract terms, breach, damages, and remedies. Use for pre-filing and pleadings when preparing a complaint, breach of purchase agreement claim, real estate contract dispute, or specific performance request.
tags:
  - drafting
  - litigation
  - pleading
---

# Complaint for Breach of Purchase Agreement

Pleading template to assert breach of a real estate purchase agreement and related remedies.

## Prerequisites

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

## Output Structure / Process

Use the outline and required content below. Tailor to local rules and pleading standard.

| Section | Required Content | Inputs |
| --- | --- | --- |
| Caption | Court name, division, parties, case number placeholder, jury demand if required | Court, party names |
| Preliminary Statement | 3–6 sentences summarizing contract, breach, and relief sought | Timeline, remedies |
| Jurisdiction | Basis (state law, diversity, amount in controversy), choice-of-law clause | Party citizenship, amount |
| Venue | Statutory basis, forum selection clause, location of property/performance | Property, contract clause |
| Parties | Role in transaction, entity type, formation state, address, agency facts | Entity records |
| Factual Allegations | Chronology: negotiation, execution, terms, performance, breach, notice, cure | Contract, correspondence |
| Cause of Action | Elements of breach; specific contract provisions breached | Contract sections |
| Remedy-Specific Allegations | Specific performance, escrow relief, injunctive relief, lis pendens | Remedy choice |
| Damages | Categories, calculation methods, mitigation | Financial records |
| Prayer for Relief | Numbered requests for each remedy | Remedy list |
| Verification | Include only if jurisdiction requires | Local rules |
| Signature Block | Attorney info, bar number, firm, contact | Attorney details |
| Exhibits | Contract, addenda, notices, escrow instructions, key correspondence | Exhibit set |

Element checklist for breach of purchase agreement:

| Element | Allegations to Plead | Evidence / 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, failure, date of breach, refusal | Notices, emails |
| Causation and damages | Direct and foreseeable losses from breach | Damages worksheet |

Jurisdiction and venue checklist:

- [ ] Identify forum selection and choice-of-law clauses; plead compliance or enforceability.
- [ ] If diversity, allege citizenship of each party and amount in controversy.
- [ ] Tie venue to property location, performance location, or defendant residence.

Damages worksheet:

| Category | Measure | Amount | Source |
| --- | --- | --- | --- |
| Benefit of bargain | Contract price vs. market value | $ | Appraisal, listing |
| Consequential | Foreseeable losses (financing, relocation, taxes) | $ | Invoices |
| Incidental | Transactional costs, escrow fees | $ | Receipts |
| Reliance | Out-of-pocket costs in reliance | $ | Records |
| Mitigation | Actions taken to reduce loss | $ | Timeline |

Prayer for relief checklist:

- [ ] Compensatory damages (specific or “according to proof,” per local rule).
- [ ] Specific performance (if property is unique and legal remedy inadequate).
- [ ] Pre-judgment and post-judgment interest at statutory rate.
- [ ] Attorneys’ fees and costs if contract or statute allows.
- [ ] Any equitable relief tied to escrow or title.

## Guidelines

- State the property with both street address and legal description if available.
- Quote or attach only the contract provisions necessary to show breach.
- Plead conditions precedent as required by local rules.
- If seeking specific performance, allege readiness, ability to perform, and uniqueness of the property.
- Do not request attorneys’ fees absent a contractual or statutory basis.
- Avoid including settlement communications or inadmissible offers.
- Confirm verification, notarization, civil cover sheet, and exhibit rules for the filing court.
- Redact confidential personal information per court privacy rules.