Condo Deposit Refunds/Disputes

Condo. Deposit Refunds and Real Estate Dispute Information

WE ACCEPT PRE-CONSTRUCTION
CONDOMINIUM DEPOSIT DISPUTES. PLEASE CONTACT US IF YOU
ARE ATTEMPTING TO CANCEL A PRE-CONSTRUCTION CONTRACT

Our attorneys use their skills as litigators to defend and prosecute your real property dispute claims as the buyer, seller, owner or claimant to real estate. In addition to condo. deposit refunds, homeowner development deposit refunds, breach of contract, mortgage foreclosures, loan modifications, and short sales, we handle actions for specific performance of purchase agreements, partition actions amongst joint owners, quiet title actions, promissory estoppel and constructive trust claims. As real estate litigation attorneys, we protect your real estate holdings. We advise clients regarding what sorts of legal steps are needed and also ways to save you money. Our attorneys resolve complicated problems efficiently and economically by identifying the shortest path between what you have and what you need to solve your problem. When real estate owners face contract disputes, any threats to their rightful ownership is worrisome. Our goal is to get you back on track to full worry-free ownership as quickly as possible. We want you to own your property without clouds or claims.

Get your downpayment refunded: One of our main areas of focus is representing buyers who have placed downpayments on a pre-construction condo or new home in a development, and for any number of reasons have decided not to go through with the purchase. We help you find ways to refund all or a portion of your downpayment. We often work on a contingency basis: If there's no refund of the downpayment, then there's no attorney fee. Call to discuss your case. Let us help you. 

Did the developer do any of the following: 

1. Make any material adverse changes in the Declaration of Condominium? 

2. Make material misstatements or omissions in connection with the proposed development, its advertising, and the actual state of construction?

3. Violate the Federal Interstate Land Sales Full Disclosure ACT ("ILSA")? ILSA protects condo. buyers and homeowner/townhome buyers in developments, with 100 or more units. It requires certain disclosures before and in purchase agreements to be valid and enforceable or else a refund of the deposit is due with interest. It requires developers to file various documents with the U.S. Department of Housing and Urban Development (HUD) before construction commences. To be exempt from complying with the requirements of the Act, developers must commit to deliver a unit within 2 years. Under ILSA, buyers need to file a lawsuit within 2 years, or 3 years, of the effective date of the purchase and sale contract, depending on what the basis for the lawsuit is. See generally Chapter 42, 15 USC s. 1701-1720, and the accompanying federal regulations, see 24 C.F.R. §§1710.11 -1710.559.

For non-exempt properties (those with 100 units or more and with no binding contractual obligation to complete construction within 2 years from the effective date), ILSA requires:

      a.    a "Property Report" be delivered to the buyer before the Purchase and Sale Contract is signed,

      b.   the Legal Description in recordable form be described in the Purchase and Sale Contract (with book and page),

      c.   a provision advising the purchaser that he or she is entitled to any deposit over and above 15% of the purchase price upon purchaser's default, and

      d.   a provision advising the purchaser that he or she is entitled to 20 days after his or her breach/default of the contract to cure the breach before forfeiting the deposit under 15% of the purchase price,   

If any of these requirements are not satisfied, the purchaser has 2 years from the effective date of his or her contract to file a lawsuit for these reasons.

For properties to be exempt from ILSA, the condominium must have less than 100 units or have a valid and  binding contractual obligation to complete construction within 2 years from the effective date. It cannot be illusory. It cannot be unacceptably qualified or conditioned. An "Impossibility of Performance" or a "Force Majeure" clause will be recognized if it is a hurricane that destroyed the condo project, but it will not be recognized if it is an unanticipated labor or material cost increase or a delay in construction material delivery.  Generally, it is a very high standard to meet and the 2 year deadline would not be extended.  Also the contract must not limit the purchaser's remedies of specific performance or damages to only the right to the return of the deposit as liquidated damages.

A lawsuit for "buyer's remorse" must be filed within 3 years of the effective date but that law requires a letter of revocation/cancellation on or before the 12th day after the effective date by the buyer and the subsequent developer's refusal to refund the full deposit and the contract must specify this right to revoke by the 12th day.

If the developer violated ILSA, you may be able to recover all or a portion of your downpayment, with interest. Call for a free consultation with regard to your unique situation. If you are not sure if the developer did violate any of the above referenced items, call and we will discuss the matter with you.

Let us review your downpayment refund case before you decide to just "walk away."

Florida law: Also these condos are governed by Florida law

REGULATION AND DISCLOSURE PRIOR TO
SALE OF RESIDENTIAL CONDOMINIUMS

Fla. Stat. 713.503 provides:

(a) THIS AGREEMENT IS ALSO VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY ALTERS OR MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO THE BUYER. ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. 

(b) Copies of documents to be furnished to prospective buyer or lessee.—Until such time as the developer has furnished the documents listed below to a person who has entered into a contract to purchase a residential unit or lease it for more than 5 years, the contract may be voided by that person, entitling the person to a refund of any deposit together with interest thereon as provided in s. 718.202. The contract may be terminated by written notice from the proposed buyer or lessee delivered to the developer within 15 days after the buyer or lessee receives all of the documents required by this section. 

The documents to be delivered to the prospective buyer are the prospectus or disclosure statement with all exhibits, if the development is subject to the provisions of s. 718.504, or, if not, then copies of the following which are applicable:

1. The question and answer sheet described in s. 718.504, and declaration of condominium, or the proposed declaration if the declaration has not been recorded, which shall include the certificate of a surveyor approximately representing the locations required by s. 718.104.

2. The documents creating the association.

3. The bylaws.

4. The ground lease or other underlying lease of the condominium.

5. The management contract, maintenance contract, and other contracts for management of the association and operation of the condominium and facilities used by the unit owners having a service term in excess of 1 year, and any management contracts that are renewable.

The following documents would be helpful in order to review your case:

a.    The Purchase Contract.

b.    Any and all agreement made prior to or  subsequent to the Purchase Contract.

c.    Condominium Prospectus.

d.    Declaration of Condominium.

e.    All promotional material.

f.    All correspondence between you and the developer or real estate agent.

g.    Proof of Deposits.

h.     The "Property Report," if any.

i.      The "Statement of Record."

The more of these documents that you are able to obtain, the more thorough review of your claim is possible.

Partition

Florida's Partition Statute Chapter 64 requires any action to be brought in the county where the real property is located. The action may be filed by any one or more of several joint tenants, tenants in common, or coparceners, against their cotenants, coparceners, or others interested in the lands to be divided. The complaint must describe the real property and list the names and residence addresses of the owners, joint tenants, tenants in common, coparceners, or other persons interested in the real property and the quantity held by each. Where the real property is not susceptible to physical divisibility, the property may be sold with the proceeds distributed to the owners.

For a free consultation and legal assistance, call (305) 373-9999 for an appointment or call toll free 1 (800) 966-4041 for a free out-of-town telephone consultation.

Disclaimer: This website is for informational purposes and is not a substitute for actual legal advice. This website does not create an attorney-client relationship with the reader.

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Florida Department of Financial Services, Licensing, Administrative Hearings Defense

We defend licensed insurance agents defending actions taken by the Florida Department of Financial Services in Administrative Hearings.

Recommended Order

Response to Exceptions

For a free consultation, and legal assistance, call (305) 373-9999 for an appointment. Free parking. Or call toll free 1 (800) 966-4041 for a free out-of-town telephone consultation. 

Condo Deposit Recovery Information Part 2

WE ACCEPT PRE-CONSTRUCTION
CONDOMINIUM DEPOSIT DISPUTES. PLEASE CONTACT US IF YOU
ARE ATTEMPTING TO CANCEL A PRE-CONSTRUCTION CONTRACT

Our attorneys use their skills as litigators to defend and prosecute your real property dispute claims as the buyer, seller, owner or claimant to real estate. In addition to condo. deposit refunds, homeowner development deposit refunds, breach of contract, mortgage foreclosures, loan modifications, and short sales, we handle actions for specific performance of purchase agreements, partition actions amongst joint owners, quiet title actions, promissory estoppel and constructive trust claims. As real estate litigation attorneys, we protect your real estate holdings. We advise clients regarding what sorts of legal steps are needed and also ways to save you money. Our attorneys resolve complicated problems efficiently and economically by identifying the shortest path between what you have and what you need to solve your problem. When real estate owners face contract disputes, any threats to their rightful ownership is worrisome. Our goal is to get you back on track to full worry-free ownership as quickly as possible. We want you to own your property without clouds or claims.

Get your downpayment refunded: One of our main areas of focus is representing buyers who have placed downpayments on a pre-construction condo or new home in a development, and for any number of reasons have decided not to go through with the purchase. We help you find ways to refund all or a portion of your downpayment. We often work on a contingency basis: If there's no refund of the downpayment, then there's no attorney fee. Call to discuss your case. Let us help you. 

Developers may have violated federal law, Federal Interstate Land Sales Full Disclosure Act, "ILSA". See generally Chapter 42, 15 USC s. 1701-1720, and the accompanying federal regulations, see 24 C.F.R. §§1710.11 -1710.559.

Did your developer:

  • Violate ILSA
  • Violate the Florida Condominium Act;
  • Fail to complete construction of the project on time;
  • Commit fraud and fraudulent inducement;
  • Fail to require contract completion within two years where required to do so;
  • Fail to timely notice a closing date;
  • Make significant changes to the units or amenities that constitute changes that are material and adverse;
  • Use contracts that fail to contain required consumer protection disclosures;
  • Use contracts and offering documents at the time of contract signing that were later rejected by the state regulatory agency;
  • Make materially false or misleading statements at the time the contract was signed;
  • Published false or misleading information in their advertising or promotional materials;
  • Disregard or overlook certain purchaser protection laws;
  • Failed to construct amenities;
  • Failure to conform the building or amenities to design specified in contract; and
  • Improperly use purchaser escrow deposits.

These violations very often permit purchasers to cancel contracts and receive the return of his or her deposit money together with interest and attorneys’ fees.  

It is important to note that both the state and federal statutes have statutes of limitations (timing deadlines to file a case), so it is critical that purchasers wishing to seek recovery of their deposits act immediately.  It is also critical that those wishing to recover their deposits protect the portions of their deposits remaining in escrow by not ignoring closing letters and default letters from the developer.  Instead, a lawyer should be retained to protect your right to your deposit as early as possible.

Developments we will demand refund of condominium deposits include:

200 East Palmetto Park 
1300 Ponce 
2020 Ponce 
500 Brickell
851 Brickell Plaza
901 Brickell Plaza
900 Biscayne
1100 West
1800 Club
Alaqua
Arctech Aventura
Artesia
Axis at Brickell
Canyon Ranch
City 24
Country Cove
Doral East
Doral West
Duo
Edge 
Everglades on the Bay
Fountainbleau Lakes
Greystone
Grove East
Havana Lofts
Harbour House
Icon Brickell
Infinity at Brickell

Ivy
Jade
Latitude on the River 
Library Commons
Lofts at Hollywood Station
Marina Grande
Mariner Village
Marquis 
MEI
Met 1, 2 and 3 
Midtown Miami
Millstone Landing 
Mint
NoBe Bay
Oasis
OceansideOne Village Place
Opera Tower 
Orchid Reserve
Oriana at Lauderdale by the Sea
Palace at Weston 
Parkland Golf & Country Club
Plaza 851 Brickell
Plaza 901 Brickell
Plaza at Oceanside
Portofino
Promenade Lakes
Quantum

Radius
Reserve at Doral East
Reserve at Doral West 
Rio Colony 
Sable Point @ Heron Bay
Sail Harbor
San Remo
Sapphire
SB Fort Lauderdale (Trump)
Solaris @ Brickell Bay
St. Tropez 
Sunset Falls
Tao
Tradition/Heritage Oaks
Trump Royale
Trump Tower
Trump Tower (Sunny Isles)
Tuscany Preserve at Lake Marion
Two City Plaza
Tuscany Point 
Veranda
Villagio
Vintage at Lighthouse Point
W South Beach 
Wind

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Hollander And Associates, LLC

305-373-9999

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Hollander and Associates, LLC

One Biscayne Tower | 2 South Biscayne Blvd. | Suite 3200 | Miami, FL 33131

Free ConsultationPhone: 305-373-9999 | Toll-Free: 800-966-4041 | Fax: 305-373-7777 | Email: frank@hollander.lawyer

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