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SCHACHTER v. KRZYNOWEK

No. 4D06-2266.

958 So.2d 1061 (2007)

Tzvi SCHACHTER, Appellant, v. Jan KRZYNOWEK, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 18, 2007.

Attorney(s) appearing for the Case

Randall L. Gilbert and Ronald E. Kaufman of The Law Offices of Randall L. Gilbert, P.A., Miami, for appellant.

Bruce Botsford of Botsford & White, LLC, Hollywood, for appellee.

GROSS, J.

If a seller breaches a real estate sales contract, does the law require the buyer to file a lis pendens to protect the remedy of specific performance against the seller? We hold that the filing of a lis pendens is a tactical decision of the buyer alone. Without such a filing, the buyer may pursue a timely filed specific performance action; if the seller frustrates the remedy by selling the property to another, the buyer may

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