Legal Question in Real Estate Law in Florida
refund of deposit
on july 2,2006 i put 20,793 towards home/lot package in citrus county (hernando,fl 34442) in a development called citrus hills( chip realty inc) 1 month later i was required to put an additional 41,586 after doing extensive research i found out there are many sex offenders within the area,i have a 6yr old daughter. i brought this to the attention of the agent who stated to me that he was aware of that are they required to disclose this. since then i have decided not to go forth i signed a sales agreement.the builder says i would lose my money if i decide not to build (there is only an empty lot)was i required to put this amt down the home base price was 416,000.since no construction what so ever has taken place, i was assuming i could get a portion of my deposit back(64k). i need help pls give me some advice.
1 Answer from Attorneys
Re: refund of deposit
Whether or not you can avoid the contract will depend on the terms of the contract that you entered into and whether the contract has the mandatory disclosures that are required. In addition, depending on what capacity the realtor was acting as you may have a cause of action against the realtor.
However, I did some research for you because I thought it was an interesting issue.
In New York, the court in Glazer v. LoPreste 278 A.D.2d 198, 717 N.Y.S.2d 256 (N.Y.A.D. 2 Dept.,2000) the Home purchasers sued vendors and real estate agents, alleging that they fraudulently misrepresented that the home was a good place to raise children, and fraudulently concealed the fact that a sex offender lived in the neighborhood. The Supreme Court, Nassau County, Alpert, J., granted defense motions to dismiss and for summary judgment, and purchasers appealed. The Supreme Court, Appellate Division, held that purchasers failed to state a cause of action for fraudulent concealment or fraudulent misrepresentation against the Seller or the Seller's agent becuase there is no duty on part of either the seller or the seller's agent to disclose any information concerning the premises unless there is a confidential or fiduciary relationship between the parties or some conduct on the part of the seller which constitutes active concealment.
Good luck,
Randall Gilbert
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