Legal Question in Real Estate Law in Florida

Seller not honoring Sale and Purchase Agreement

I recently signed a contract to purchase a spec home from a local builder. The incentive to sign by a certain date was that they would pay a certain amt towards closing costs. They gave me a flyer and said that if I went with their preferred lender that they would pay 1% of my 1st mortage amt towards the closing costs (this was separate from the other incentive). Both incentives are in the contract that was signed (the 1% on the 1st page and the spec special on the addendum which says that buyer can use lender of choice to receive this).

Seller now refuses to give the 1% and threatens to keep my deposit if I don't close his way. I had an atty send a letter to him stating that he needs to honor the contract or else to refund my deposit. Seller responded with close on ''XX'' date or else you'll be in default and I get to keep deposit.

What are my options? Can I just get my deposit back and be done with this situation? In addition, the lender (seller is 50% owner) called me 4 min b4 the closing to tell me that the numbers are different. This was the first time I rcvd a call from him despite numerous attempts on my part to reach him b4 the closing to f/u.

This was supposed to be my 1st home. Please advise.

Thanks!


Asked on 6/14/06, 9:10 am

1 Answer from Attorneys
Brian Pollock Law Office of Brian H. Pollock, P.A.

Re: Seller not honoring Sale and Purchase Agreement

You may have a remedy called specific performance to require the seller to perform according to the contract. You also may have other remedies against the seller, but you should have an attorney in the area where the property is located evaluate the contract and your potential remedies.

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Answered on 6/14/06, 11:30 am


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