--- name: purchase-agreement-breach-complaint title: Complaint for Breach of Purchase Agreement 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. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/purchase-agreement-breach-complaint license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: real-estate language: en tags: [drafting, litigation, pleading] --- # 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.