Legal Question in Real Estate Law in Florida

cancel a preconstruction condo and want the deposit refund

We have put down deposits for 4 condos in Daytona Beach. We have put down 10% of the sale price as deposit($120,000.00). One unit average sale price of $320,000.00. The sale people have promised the resort will be finished by july 2006. Today the resort have not been started yet and does not seems moving any direction soon. We would like to find a good lawyer to get back our deposits and cancel the sale. Possible a class action lawsuit? Since there are as many as 40 unit already sold and we know they are as worry as us.

thanks


Asked on 5/22/06, 8:06 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: cancel a preconstruction condo and want the deposit refund

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It is hard to answer your question based on the limited information you have provided. You failed to mention when the Contract was entered into. Generally, a Seller of a new condominium has up to two (2) years in which to complete the construction of the unit and this is mentioned in the Contract for Sale and Purchase.

You cannot cancel the Contract simply because the Seller has been delayed, however, there may be other reasons why you are entitled to get released from the Contract.

It would be necessary for an attorney to review your specific Contract to determine your options, if any. I strongly suggest that you contact a qualifed real estate attorney to do so.

Scott R. Jay

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Answered on 5/23/06, 9:21 pm


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