Legal Question in Real Estate Law in Florida

Condo Purchase Agreement

Can a Purchase agreement be broken due to illnes( dementia ) after 2 open heart surgeries. ?


Asked on 5/09/07, 11:44 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Condo Purchase Agreement

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No. Most everyone living in a condominium has some form of disability or as you call a hardship. A written contract is an enforceable agreement between the parties.

Illness is not a valid grounds to break a Contract. There may be some other reasons which may aid your quest, but many people become ill and it would be impossible for a developer to build any projects unless they knew that had firm deals.

Depending on the amount of your deposit, you may wish to seek to assign your interest in the Contract to another. I would suggest that you have an attorney review it to see if there are any other legal grounds in which to have it declared unenforceable. If you have a mortgage contingency, you might not qualify due to the illness and therefore have a right to cancel the agreement if the contingency is still in effect.

Scott R. Jay, Esq.

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Answered on 5/13/07, 11:43 pm
Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Condo Purchase Agreement

If the agreement contains a mortgage contingency, as most of them do, you may not qualify for the mortgage thereby voiding the agreement. However, if there is no mortgage contingency, or you still qualify, the reason you provided would not eb a basis for not going to closing.

I trust this answers your question but feel free to call or E-mail on a free initial basis.

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Answered on 5/09/07, 11:55 am


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