Legal Question in Real Estate Law in Florida
fake Certificatoins of Occupancy
I live in Florida, and i signed a contract on january of 2001, to buy a townhouse that cost 109,000.
After 2 years and 10 months of waiting, i still waiting for my house.
The builder has not pay the taxes for 2002 and 2003, that is their alegation.
The community has 10 buildings, each of them with 5 or 6 townhouses. 8 of the buildings have been occupied by different families, but 2 of them have not (one of those two is the house that i signed the contract for)
From different sources we have found out that the builder gave fake certifications of occupancy to the owners of each of the families living in the community.
If the builder receive a law suit, and the builder claims bankrupcy, would it be possible for me to collect the money equivalent to the value of the house that i was trying to purchase.
In other words, the house cost 109,000 in 2001, but if try to buy a house this year with the same characteristics it will cost my 200,000. Can I expect the difference or the equivalent to that (like moving to my house) or will I loose my house, and they will only give me my downpayment back?
Sincerely,
Alexander
1 Answer from Attorneys
Re: fake Certificatoins of Occupancy
Based on your questions, it appears that the property in question is not your home yet. It still belongs to the developer, but you may have an agreement that gives you certain rights to close on the purchase of the property. It also appears that the seller/developer is a scoundrel that has deliberately provided fraudulent certificates of occupancy for the purpose of closing on the sale of other nearby properties it has developed. You should refer to your contract to learn what rights it gives you as buyer, and you should gather up all documentation relating to the deal and meet with an attorney experienced in real estate litigation to learn what viable options you may have in relation to closing on the purchase or suing for money damages if in fact the seller/developer has defaulted under the real estate contract. If the seller is filing bankruptcy, you may need to consult with a bankruptcy attorney to determine where you stand with respect to your deposit and any claims you may have against the seller/developer. Good luck.
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