Legal Question in Real Estate Law in Florida

Refund on a lease

I gave a deposit of $4800(first/last/2security) on Nov. 19, 2007 to move into a property on Nov. 21, 2007. The realtor promised that I would be in the property by that date, being that we paid the large amount. We had been up to the property 3 different time from Nov. 19 thru Dec. 3, 2007 to get a move in date from the HOA & HOA stated they did not have one it would still have to go thru 5 board members. As of Dec. 3, 2007 there was not approval with the property. At that time I ask for a refund. Realtor is acting on the landlord behalf and states that only way that he will refund any amount would be if detucted $1000 fee. Even though I have never lived at that property, and the lease was signed on Nov. 21, 2007 to live there. So in realty they have broke the agreement. Is the realtor able to withhold that amont and/or not refund any of my money back?


Asked on 12/12/07, 1:44 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Refund on a lease

Without reading the lease, no one can answer. Leases are usually conditioned on HOA approval.

Read more
Answered on 12/12/07, 8:04 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Refund on a lease

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The realtor only acts as the agent for the party who hired them. They cannot release any monies without both parties agreeing to it.

It is impossible to give any valid advice without reviewing the lease and determine if the landlord has breached the lease agreement. Generally a HOA or Condominium Association has up to 30 days to either approved or disapprove a prospective tenant - if the Bylaws even provides them the right to make that decision. You should meet with an attorney to review all documents including a copy of the underlying Association instruments. The attorney can then advise you of your legal rights and obligations.

Scott R. Jay, Esq.

Read more
Answered on 12/12/07, 10:43 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida