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Filing # 191878199 E-Filed 02/13/2024 03:44:25 PM
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
SIMPLY SOLD SW FLORIDA, LLC, CASE NO.:
DIVISION:
Plaintiff,
v.
HEARKEN PROPERTIES, LLC,
Defendants.
_______________________________________/
COMPLAINT FOR BREACH OF CONTRACT AND SPECIFIC PERFORMANCE
Simply Sold SW Florida, LLC, a Florida Limited Liability Company, Plaintiff herein,
files this Complaint against Defendant, Hearken Properties, LLC, and alleges:
BREACH OF CONTRACT AND SPECIFIC PERFORMANCE
1. Simply Sold SW Florida, LLC, is a Florida limited liability company doing business in
Hillsborough County, Florida.
2. Defendant Hearken Properties, LLC, a Florida Limited Liability Corporation, is the
owner of real property located at 4218 E. Henry Avenue, Tampa, Florida 33610, in
Hillsborough County Florida, legally described as: The West 70 feet of East 240 feet of
the Southeast 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 33, Township 28
South, Range 19 East, Less the North 531 feet and Less the South 25 feet thereof for a
road right of way. Commonly referred to as: 4218 E. Henry Avenue, Tampa, Florida
33610. Property Identification Number: A-33-28-19-ZZZ-000005-69540.0.
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3. This is an action for breach of contract. This action is a matter within the jurisdiction of
the court in accordance with Section 26.012(2)(a) of the Florida Statutes.
4. Venue in Hillsborough County, Florida is proper in the action under Section 47.011 of
the Florida Statutes because the actions giving rise to this breach of contract occurred in
this county, and the property subject to this action is located in this county.
5. On or about December 4, 2023, Defendant and Plaintiff, entered into a valid and
enforceable agreement for the purchase and sale of Defendant’s property. A copy of the
contract is attached hereto as Exhibit “A”.
6. Line 58 of the contract provides (“Closing Date”): “This transaction shall be closed and
the closing documents delivered on December 11, 2023.”
7. Lines 394 -396 allow, at the buyer’s discretion, for the extension of the contract up to 120
days to provide the Seller with the opportunity to cure title defects.
8. Lines 62-68 provide that the seller will provide marketable title to the property.
9. In the course of clearing title, it was discovered by the title company, that there were liens
that would need to be cleared prior to closing.
10. On February 5, 2024, Plaintiff indicated to the Defendant that the title conditions have
been resolved and that Plaintiff was ready to close.
11. On February 5, 2024 Defendant indicated that he was not going to move forward with the
sale unless the buyer gave proof that the seller’s liens were cleared by the buyer prior to
closing.
12. In real estate, it is a customary practice to clear liens at closing.
13. By refusing to sell the property to the Plaintiff, Defendant breached the contract,
including its implied covenant of good faith and fair dealing, by refusing to abide by the
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terms of the contract, and refusing to further perform pursuant to the terms of the
contract.
14. Attempts to persuade the Defendant to sell to the Plaintiff failed. Defendant refused to
perform his contractual obligations under the Agreement, notwithstanding Plaintiff’s
attempts to obtain reassurances from Defendant and Plaintiff’s readiness and willingness
to close.
15. Plaintiff has complied with and performed all conditions precedent for closing under the
Contract.
16. At all times material hereto, Plaintiff is and has been ready, willing and able to close and
perform his obligations under the Agreement, including closing on the sale of the
Property for the agreed-upon purchase price, in cash.
17. Defendant has breached the material terms of this contract by refusing to perform his
contractual obligations and refusing to close and perform under the terms of the contract.
18. Plaintiff has no adequate remedy at law and justice requires that specific performance be
granted.
19. It has now become necessary for Plaintiff to retain the undersigned firm to prosecute this
action. Defendant is obligated to pay for Plaintiff’s reasonable attorney’s fees and costs
by virtue of subsection “R” lines 238-240 of the contract and Section 57.105(7), Florida
Statutes.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment granting the
remedy of specific performance. In the event Defendant has tried to transfer the property
Plaintiff asks that the Court impose a constructive trust. Plaintiff asks that the Court require
that Defendant perform his contractual obligations and close on the subject property, tax all
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costs of this action against Defendant, award reasonable attorney’s fees and costs to Plaintiff
pursuant to lines 238-240 of the contract and Section 57.105(7), Florida Statutes, and grant
such other and further relief as may be just and equitable.
Dated: February 7, 2024
By: /s/ Timothy T. Harris
The Law Office of Timothy T. Harris
Timothy T. Harris, Esquire
FBN: 1028739
Primary Email: tim@tthlaw.org
P.O. Box 320612
Tampa, Florida 33679
Telephone: 813-776-6740
Attorney for Plaintiff,
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Filing # 191878199 E-Filed 02/13/2024 03:44:25 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA SIMPLY SOLD SW FLORIDA, LLC, CASE NO.: DIVISION: Plaintiff, v. HEARKEN PROPERTIES, LLC, Defendants. _______________________________________/ COMPLAINT FOR BREACH OF CONTRACT AND SPECIFIC PERFORMANCE Simply Sold SW Florida, LLC, a Florida Limited Liability Company, Plaintiff herein, files this Complaint against Defendant, Hearken Properties, LLC, and alleges: BREACH OF CONTRACT AND SPECIFIC PERFORMANCE 1. Simply Sold SW Florida, LLC, is a Florida limited liability company doing business in Hillsborough County, Florida. 2. Defendant Hearken Properties, LLC, a Florida Limited Liability Corporation, is the owner of real property located at 4218 E. Henry Avenue, Tampa, Florida 33610, in Hillsborough County Florida, legally described as: The West 70 feet of East 240 feet of the Southeast 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 33, Township 28 South, Range 19 East, Less the North 531 feet and Less the South 25 feet thereof for a road right of way. Commonly referred to as: 4218 E. Henry Avenue, Tampa, Florida 33610. Property Identification Number: A-33-28-19-ZZZ-000005-69540.0. Page 1 of 4 2/13/2024 3:44 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 3. This is an action for breach of contract. This action is a matter within the jurisdiction of the court in accordance with Section 26.012(2)(a) of the Florida Statutes. 4. Venue in Hillsborough County, Florida is proper in the action under Section 47.011 of the Florida Statutes because the actions giving rise to this breach of contract occurred in this county, and the property subject to this action is located in this county. 5. On or about December 4, 2023, Defendant and Plaintiff, entered into a valid and enforceable agreement for the purchase and sale of Defendant’s property. A copy of the contract is attached hereto as Exhibit “A”. 6. Line 58 of the contract provides (“Closing Date”): “This transaction shall be closed and the closing documents delivered on December 11, 2023.” 7. Lines 394 -396 allow, at the buyer’s discretion, for the extension of the contract up to 120 days to provide the Seller with the opportunity to cure title defects. 8. Lines 62-68 provide that the seller will provide marketable title to the property. 9. In the course of clearing title, it was discovered by the title company, that there were liens that would need to be cleared prior to closing. 10. On February 5, 2024, Plaintiff indicated to the Defendant that the title conditions have been resolved and that Plaintiff was ready to close. 11. On February 5, 2024 Defendant indicated that he was not going to move forward with the sale unless the buyer gave proof that the seller’s liens were cleared by the buyer prior to closing. 12. In real estate, it is a customary practice to clear liens at closing. 13. By refusing to sell the property to the Plaintiff, Defendant breached the contract, including its implied covenant of good faith and fair dealing, by refusing to abide by the Page 2 of 4 2/13/2024 3:44 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 terms of the contract, and refusing to further perform pursuant to the terms of the contract. 14. Attempts to persuade the Defendant to sell to the Plaintiff failed. Defendant refused to perform his contractual obligations under the Agreement, notwithstanding Plaintiff’s attempts to obtain reassurances from Defendant and Plaintiff’s readiness and willingness to close. 15. Plaintiff has complied with and performed all conditions precedent for closing under the Contract. 16. At all times material hereto, Plaintiff is and has been ready, willing and able to close and perform his obligations under the Agreement, including closing on the sale of the Property for the agreed-upon purchase price, in cash. 17. Defendant has breached the material terms of this contract by refusing to perform his contractual obligations and refusing to close and perform under the terms of the contract. 18. Plaintiff has no adequate remedy at law and justice requires that specific performance be granted. 19. It has now become necessary for Plaintiff to retain the undersigned firm to prosecute this action. Defendant is obligated to pay for Plaintiff’s reasonable attorney’s fees and costs by virtue of subsection “R” lines 238-240 of the contract and Section 57.105(7), Florida Statutes. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment granting the remedy of specific performance. In the event Defendant has tried to transfer the property Plaintiff asks that the Court impose a constructive trust. Plaintiff asks that the Court require that Defendant perform his contractual obligations and close on the subject property, tax all Page 3 of 4 2/13/2024 3:44 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 costs of this action against Defendant, award reasonable attorney’s fees and costs to Plaintiff pursuant to lines 238-240 of the contract and Section 57.105(7), Florida Statutes, and grant such other and further relief as may be just and equitable. Dated: February 7, 2024 By: /s/ Timothy T. Harris The Law Office of Timothy T. Harris Timothy T. Harris, Esquire FBN: 1028739 Primary Email: tim@tthlaw.org P.O. Box 320612 Tampa, Florida 33679 Telephone: 813-776-6740 Attorney for Plaintiff, Page 4 of 4 2/13/2024 3:44 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4