Legal Question in Real Estate Law in Florida

a hardship due to sickness after signing a contract to purchase a condo

my husband signed a contract to purchase a pre-construction condo in april of 2005. in the spring of 2006 he was diagnosed with epilepy. the condo is now ready in may 2007 and i have called the developer and asked if he could let my husband out of the contract due to his situation. the developer is refusing. do we have any recourse due to this hardship.


Asked on 5/04/07, 3:13 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: a hardship due to sickness after signing a contract to purchase a condo

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.

To turn the question around, if the developer found out about your husband's ailment and decided not to sell to you, you could sue to enforce your Contract and/or seek damages under various grounds.

Depending on the amount of your deposit, you may wish to seek to assign your interest in the Contract to another or alternatively have an attorney review it to see if there are any legal grounds in which to have it declared unenforceable.

Scott R. Jay, Esq.

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Answered on 5/04/07, 6:23 pm


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