Legal Question in Real Estate Law in Florida

Cancellation rights with defaulting home builder

Q. I am in the process of purchasing a home, I was

told when the closing date would happen and now it

has been 2 months and the house is not finished.

Our RealEstate agent wants us to close on an

unfunished house and I refuse to do so. I have

made many moving plans which I have to keep

changing. Can I get out of the purchase of this

house due to the fact that the builder is not

getting the house finished?

A. The answer depends on the wording of your

written contract. Read it carefully and follow

all notice requirements to the letter. It sounds

as tho you have grounds to rescind but a specialty

built house may cause you to forfeit some of your

deposit for specialty items. Definitely don't

close until you get your final inspection and do

your punch list.

William W. Fernandez

William W. Fernandez, Attorney at Law

250 Panama Road East

Re: My rights regarding closing on house

The previous reply is sound. I also urge you not to close until the house is completed and the punch list items are completed.

Alexander M. Rosenfeld

Rosenfeld & Stein, P.A.

18260 NE 19 Ave