Legal Question in Real Estate Law in Florida

return of deposit

I (buyer) entered into a real estate purchase contract. Contract for sale stipulates in paragraph that ''time for acceptance/effective date provides that if the offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties, then the deposits will at the buyers option be returned to the buyer and the offer withdrawn''. The question here is can we get our deposit back since seller/agent did not deliver a signed/executed agreement by seller until I requested one, 30 days later altho contract provided for one day turn-around. Is contract valid, can we get our deposit back ? Must there be a formal mailing/signed document/fax/receipt, etc in our possession since no signed copy delivered to us after seller signed off, what proof/evidence must seller/agent have to declare we oficially received signed contract, which we did not Thank you very much


Asked on 10/21/02, 6:19 pm

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: return of deposit

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.

Your question is still confusing so I will offer you this general advice. Generally, your rights and remedies under a contract are governed by the terms and conditions which you agreed to be bound. That is the purpose of having a contract, so that both parties can look to the contract and determine what each other's prospective rights are. If however, the contract is silent on a material fact, that is not addressed in the contract, like time, then there is created a question of fact and a question of law as to when, or if acceptance occurred, and whether a contract was ever formed. To fully analyze your question additional facts are necessary and the answer may be very fact dependent. If you would like to further discuss your facts and seek review of your contract, then you may contact the undersigned's offices and ask for an appointment. Good luck,

Randall L. Gilbert, Esq.

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Answered on 10/21/02, 7:56 pm


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