Legal Question in Real Estate Law in Florida

Price decrease on property in development

A few weeks a go a signed a contract to purchase a new home in a development. Now the developer has dropped the prices drastically for the exact same house. Does the developer automatically drop my previous selling price also, since I have not closed yet? What should I do to get them too lower the price prior too closing?


Asked on 5/15/07, 11:05 pm

2 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Price decrease on property in development

Before following Mr. Jay's advice, ask the deveolper.

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Answered on 5/16/07, 4:10 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Price decrease on property in development

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 seems pretty apparent from your question that the developer did not drop your price at the same time. The developer is not required to do so either. A contract which has been agreed upon by both parties in writing is legally enforceable. Similarly, if the price had gone up, the Seller would not have been able to increase your price.

At this point, you can only hope to negotiate with the Seller to lower your price to match the other units. If you have a mortgage contingency that is still in play, it is altogether possible that your unit will not appraise at a high enough price to allow you to qualify.

I would strongly suggest that you consult with a qualified real estate attorney who can review the terms of the Contract and then give you specific legal advice as to your rights and obligations. Perhaps, the attorney can help you negotiate a better deal. Good luck.

Scott R. Jay, Esq.

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Answered on 5/16/07, 12:37 am


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