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.
1 Answer from Attorneys
Re: a hardship due to sickness after signing a contract to purchase a condo
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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.