Legal Question in Real Estate Law in Florida

Mid-Florida MLS listing remarks stated "This home has a new upgraded AC unit...". I made my purchase pricing decision based on this statement. Entered into a standard purchase contract, deposited $2K escrow with title company and had my inspection done - all within 4 days of signing the contract. During the inspection, found out that the air conditioner was not new. The outdoor condensing unit is 6 years old and the indoor evaporator is original. I've asked the seller to make me whole by putting in a new upgraded AC unit as stated in the listing. The seller refuses. I submitted a cancellation of contract with the escrow being returned to me. It looks as though the seller is going to dispute returning the escrow to me. Can the seller end up getting my deposit even though I was the one who was misslead?


Asked on 5/25/10, 9:16 pm

1 Answer from Attorneys
David Labovitz Labovitz Law Firm, P.A.

Neither party gets the deposit. If you can't resolve the dispute, the escrow agent is required to continue to hold the money or pay it into the court. You would have to file suit and litigate the case.

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Answered on 5/26/10, 4:28 am


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