Legal Question in Real Estate Law in Florida
Forced to close on new home before it is completed
Our family has been trying to close on our new construction home since the first week of December. They are still not able to complete the punch list and we refused their ''have it repaired within 24 hours of closing'' guarantee since they have not been able to fix the items so far. Today we received certified mail that states if we do not close on 11 Jan 02 they can keep our good faith money and possiably sue us for $10,000. We havent told them but now we don't want the house because we are sure that if anything goes wrong in the first year that their one year builders warranty is just a bunch of bunk. Any help would be greatly appreciated.
1 Answer from Attorneys
Re: Forced to close on new home before it is completed
Without reviewing your purchase contract it is impossible to provide you with any meaningful guidance via cyberspace. If it's a typical developer's purchase contract, you probably have very little recourse under the contract as it is likely slanted in favor of the developer and against the buyer. If the contract requires you to close within a certain time period after the seller obtains a final certificate of occupancy, then you may have a problem if in fact the final CO was obtained.
You should meet with an attorney, have him or her review and analyze the contract in question, explain all the facts surrounding the dispute, and then the lawyer will be able to explain the options available and what remedies you may be entitled to if the dispute leads to litigation.
Seek the advice of counsel and good luck.
Peter A. Gonzalez
Coral Gables, Florida 305-445-0937
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