Legal Question in Real Estate Law in Florida

Builder wants to change Purchase Agreement again

10 days ago, a large local builder and I signed a Contract For Purchase, Sale And Construction. Two days later, as I am writing a $1000 check, the builder informs me that the dimensions of the house are actually 1/3 smaller than advertised and agreed upon. After some thought, I signed another Purchase Agreement with them for a larger, more expensive model (that agreement also signed by all necessary parties and returned to me). Now, several days later as I am getting financed (through their finance department), they want to draw up another PA, because their selling agent wrote in the contract that they are going to pay $3000 towards closing costs AND give $3000 in options, and they only want to do one OR the other. The builder also wanted to raise the purchase price because I was going to get a Nehemiah loan*, which ends up costing them more.

Can I hold my ground and make them honor the existing Purchase Agreement, and get the loan I want, or for that matter, could I, in theory, make them build the first house at the size and price agreed upon?

*(Nehemiah program is an FHA loan, but the seller gives some money to a corporation, who, in turn, ''gifts'' some of your down payment money.)


Asked on 2/05/02, 11:25 pm

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Builder wants to change Purchase Agreement again

The second contract probably has language that effectively cancels the first contract, but without reading it I cannot be certain. If the second contract was properly executed by all parties, then it is a legally binding agreement and you can request that it be honored. If the developer made an error, then the developer must eat it. If the developer is unreasonable, seek the advice of counsel. Do not sign any other document provided to you by the developer without having your lawyer review it first.

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Answered on 2/05/02, 11:39 pm


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