Legal Question in Real Estate Law in Florida

Realty deposit

In 2004 I placed a $30,000.00 deposit on a villa to be built in Davenport, Florida. The villa was to be completed in two years as per the contract. There is still no sign of building starting on my villa and the company are refusing to repay my deposit as they say the delay in starting was beyond their control as they needed a permit from the USF&WS before they could commence. They applied for the permit in early 2004 and as the USF&WS have told me there is not time scale on how ling a permit takes how could I be given a completion date of two years when building had not even started in 2004 and my villa is on phase F.

Why can I not have my deposit back as they have failed to comply with the contract.

Regards


Asked on 5/27/07, 3:53 pm

2 Answers from Attorneys
Johm Smith tom's

Re: Realty deposit

We would need to read the contract to determine whether the contract addresses these issues, like the permit. Feel free to contact us on this.

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Answered on 5/27/07, 4:10 pm
David Slater David P. Slater, Esq.

Re: Realty deposit

The contract should have included a time is of the essence clause. A letter should be sent certified mail, making it so and giving them a reasonable time to close.

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Answered on 5/27/07, 4:30 pm


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