Legal Question in Real Estate Law in Florida

want to file suit against owner

I signed a contract and made partial payment for 2 lots that were being sold (owner financing). These lots were subdivided from a bigger parcel of land as shown on the contract exhibits.

First of all, I signed 2 contracts, one for each of the parcels, which included an exhibit of a survey with the individual lots. I signed and mailed the contract with a check.

I did not receive the signed contract back from seller, money was paid to a trust account. In approaching the seller to obtain a legal description of each of the lots, the seller revealed that the lot split has not been approved by the County. That I have to wait for this proceeding.

I checked with the County and they have not received any request for a lot split from the seller. I have incurred in costs of clearing the lot and, engineering fees for plans preparation. The contracts are for 2 lots that don't exist because it is still one big tract, and the parcel does not meet County requirements for a lot split.

The seller is a real estate broker so she knew what she was doing. Please help.


Asked on 7/07/03, 4:00 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: want to file suit against owner

You certainly need legal counsel. Although there was no signed contract you may be entitled to certain equitable relief. I would need to know more to comment. Good luck.

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Answered on 7/07/03, 4:25 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: want to file suit against owner

You may have a claim for fraud in the inducement. You need legal counsel to examine first-hand all the documents relating to your case and to learn more about the facts and circumstances surrounding your potential claim.

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Answered on 7/08/03, 2:34 pm


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