Legal Question in Real Estate Law in Florida

80 year old parents signed a contact for a life-use apt in Florida. When looking the bathroom was not handicap acc so asked to be update and gave a deposit of $5,000 with $50,000 due upon occupancy. No where on the contact does it state about bath remodel. A week later my Mom is so upset about leaving home is not sleeping ect and calls to cancel. We were told we are responsible for the remodel total of $4,900. Then said they would only take the bath part total of $2,600. Is it legal to keep our deposit for that remodel, they did show my Mom the 1 bedroom unit where they had just finished that bath update but she at the time wanted the 2 bedroom.. any advise ??


Asked on 8/04/10, 7:34 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

You have not provided enough information to adequately apply the law to the facts of your case. You need to take your parent's contract to an attorney for review. If the bathroom was a material term of the contract, why was it not included in the contract? Who drafted this agreement? If there was a "liquidated damages" clause in the contract, then the owner may be entitled to keep all or part of their cost to make changes to the apartment, that were made as an accomodation for your parents. If your parents simply backed out of the deal, the owner may be entitled to more. On the other hand, if the owner has not suffered any financial harm, and is able to rent the apartment with the bath remodel, then perhaps your parents are entitled to a greater amount of their deposit back. An attorney could determine the facts surrounding this contract as well as the actions of the parties to determine the legal rights and obligation that exist.

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Answered on 8/10/10, 6:43 am


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