Legal Question in Real Estate Law in Florida

Re: Pre Construction

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Most likely, the developer will not cheerfully refund your monies. Frankly, I am guessing that you might have already tried without success or you would not be writing here.

Although Florida law requires a developer to put a similar clause to yours in a contract for new developments, many developers will fight you all the way when it comes time to make any refunds. They will stick by the technicalities of a Contract when it is advantageous to them but will try desperately to find any loophole when a refund is demanded.

I would strongly suggest you consult a qualified real estate attorney to review your contract and work with you in obtaining the return of your deposit.

Scott R. Jay, Esq.

Re: Pre Construction

Sounds like you'll only need a lawyer if they don't give you your money back. Let us know if you need assistance.

Re: Pre Construction

The following is not legal advice and does not create an attorney client relationship.

Most pre-construction contracts that contain completion time provisions also contain provisions that will extend the two year completion deadline. Your deposit may also be governed by specific Florida statutes that deal with some types of construction projects. Your chances of obtaining a refund depend a great deal upon the developer and whether or not that developer wishes to engage in a fight with you over the refund. The law is complex and each case is slightly different. I will be happy to review your contract for you and offer some assessment of your chances of recovery.