Legal Question in Consumer Law in Florida

Dear Sir or Madam Attorney:

On March 30, 2010, I signed a contract to have a home built for $275,400 and gave the Citrus Hills Construction, L.C.C. $10,000. to hold that price until June 30, 2011.

The contract has 15 sections; my issue is with section XV, titled " Other" and reads: " Seller guarantees to hold the total purchase price as shown on this agreement until October 1, 2011, provided Purchaser completes all required forms from the Citrus Hills Planning and Decorating Departments and is prepared to finalize mortgage financing, if applicable, and submit all remaining balances of down payment by June 30, 2011.

In the event Purchaser fails to complete tthe required forms by this date, the total purchase price will escalate by 3% for each delinquent month or part thereof after June 30, 2011. Time is of the essence.

I completed all required forms and met with the Planning and Decorating Department 45 days prior to June 30th, 2011. When I went in to sign the final papers and hand over a check on June 24th, 2011, I was told to come back in mid July because the project manager was going sailing in the British West Indies and that the 3% penalty only applied to the the Purchaser not the Builder.

I moved heaven and earth to meet the June 30, 2011 deadline at considerable cost. Do I have any legal recourse when the Builder breaches the June 30th date? Cordially, Dennis E. Marsh, [email protected]

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