Legal Question in Civil Litigation in Florida
home new construction
On or about July 2004 I visited Florida for the purpose of finding a home. I sat down with a salesman from a reputable developer in florida and other states. We agreed on the kind of home I wanted, and I picked a lot(parcel) in the community to be developed. He gave me a price list and told me how much my home would cost and that it should be ready in 3 to 4 months. However he stated that at the time he could not put an agreement in writing. He was given a $1000.00 check to secure the lot as he requested (although it has never been cashed). The situation now is that the home builder has been in a court dispute with a contractor that was supposed to build the roads in the community. This dispute has put all construction on hold until that matter is settled. However I have been told by the developers rep. that the original quoted purchase price for the home no longer exist and that the price may have gone up about by about $100,000. There are about 60 homes yo be built in this community and only about 10 have locked in the original quoted price (as per rep.) So I guess this leads to my question. Is there any legal action that can pursuade the builder to honor the original price. Remember they are the ones that have caused this delay
4 Answers from Attorneys
Re: home new construction
You provided insufficient information to answer your question. Is there anything that shows what the price was supposed to be at the time you gave the $1,000.00. Are there any documents that you received, contracts, price lists, brochures, etc...? Are there any other houses in the community that are the exact same model as yours that were locked in? Who is the developer and where are the properties located? All these would need to be answered before any possible advice could be given.
Sincerely,
Randall Gilbert
Re: home new construction
If you have any kind of proof showing that you gave the $1000 on the agreement of a certain contract price you have a fighting chance, but these cases are tough to prove and new construction issues are hard to enforce. You would probably be better off pressing for a return of your deposit then pushing for construction of a property that may never be built.
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Re: home new construction
The Statute of Frauds requires all contracts for real estate must be writing to be enforceable. Hope you get your deposit back.
Re: home new construction
The other atorneys have given you interesting, but incomplete answers.
1. You have a contract because you have a signed writing accepted by the other party who has , at least, apparent authority to enter into the contract.
2. A contract can be binding without a specified price term having been agreed.
You have a valid contract and your challenge is to provide sufficient evidence of (a) the existence of the contract and (b) the terms of the contract.
Brochures and other 'extrinsic evidence' can be used to show the contract price.
This is a Florida case (contract entered into in FL and property is in FL). You are more likely to get a favorable hearing in FL than in another state.
Get yourself a capable attorney. A young, less experienced one might be less likely to be intimidated by the evidence issues. If 3 lawyers tell you it is a bad case, look for a 4th!
Good luck.
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