What Is a Cause of Action?
In civil litigation, you cannot simply sue someone because you are angry with them; you must have a legally recognized reason to sue. A cause of action is the specific legal theory that forms the basis of a lawsuit. It is the core of the civil complaint filed by the plaintiff.
Every cause of action consists of specific "elements" that the plaintiff must prove to win their case. If a plaintiff files a lawsuit but their complaint fails to state a valid cause of action, the judge will dismiss the case before it ever reaches a trial.
Common Causes of Action in Real Estate
Florida real estate litigation frequently involves the following causes of action:
- Breach of Contract — The most common. The elements require proving that a valid contract existed, the plaintiff performed their duties, the defendant materially breached the contract, and the plaintiff suffered damages as a result.
- Quiet Title — A cause of action used to establish the plaintiff's ownership of a property and invalidate competing claims or fraudulent liens.
- Fraudulent Misrepresentation — Used when a seller intentionally lies about a property's condition (e.g., hiding severe sinkhole damage) to induce the buyer into purchasing it.
- Specific Performance — A unique real estate cause of action where the buyer asks the judge to force the seller to hand over the deed to the property, rather than just paying financial damages.
- Unlawful Detainer — A cause of action used to remove an unwanted guest or squatter who refuses to leave (distinct from an eviction, which is used for tenants).
Statute of Limitations
Every cause of action has a specific "expiration date" known as the statute of limitations. For example, under Florida law, a cause of action for a breach of a written real estate contract must be filed within five years of the breach. If the plaintiff waits too long, the cause of action is permanently barred.
Related Terms
- Civil Complaint — The document containing the causes of action
- Damages — The remedy sought by proving the cause of action
- Quiet Title — A specialized real estate cause of action
Barnes Walker Property Litigation
Barnes Walker's litigation attorneys meticulously draft civil complaints containing the appropriate real estate causes of action to maximize our clients' chances of recovery in Florida courts. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC