Legal Question in Real Estate Law in Florida
Can I get my condo deposit back if there is a change I am not told about?
I placed a deposit for a condo back in 2004 and it is now set to close. There was suppose to be an elevator lobby for my unit on the original codo docs in front of my door. The delivered unit doesn't have this lobby and you have to cross the parking garage to get to the elevator lobby which is unacceptable for me. Am I legally entitled to my deposit back? The purchase agreement says any changes that are materially adverse to me would be communicated to me and I would have 15 days to cancel the contract. I consider this change adverse since it affects my
lifestyle yet I was never notified of this change. I had already sent a signed letter to the project manager asking for my deposit but I have not heard back yet. So I just want to know if this is something I am entitled to or do I need to go through litigation?
2 Answers from Attorneys
Re: Can I get my condo deposit back if there is a change I am not told about?
My hunch would be that you'll end up in litigation with a judge or jury deciding whether this is a material breach of your agreement and whether this is materially adverse to you.
Re: Can I get my condo deposit back if there is a change I am not told about?
You certainly have some grounds to ask for a full refund based on what may be a materially adverse change. However, this is a question of law and fact that will be argued by the developer. The legislature also made some changes to the applicable laws under Chapter 718 during the 2007 legislative session to make it easier for developers of condos to keep deposits based on this contract provision. My suggestion is that you hire legal counsel in your area who can frame your legal issues in the best light for purposes of negotiation with the developer.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
