Florida Construction Deposit Recovery Attorney
Have you made a substantial investment in a construction project only to realize that the contractor has failed to live up to their end of the deal? When a contractor fails to deliver something they promised in a contract, an experienced lawyer can help you can take action to get your money back. There are two main reasons people won’t close. One, the market conditions result in negative equity; and two, those who are not qualified to close because they were unable to sell their existing property. At the South Florida law offices of Jonathan Kline, P.A., we may be able to help you recover your construction deposit, plus any additional money you poured into your project.
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We protect businesses, corporations, and individuals throughout South Florida who have lost a serious investment due to contractor fraud. Both Florida State law and the Interstate Land Sales Full Disclosure Act (ILSFDA) protect the rights of landowners with regard to general contract principals. Able to litigate in both state and federal courts, we protect consumers who have lost a substantial investment and wish to make a full construction deposit recovery after the following acts of fraud and contract violation:
Fraud in the inducement
Failure to conform to design specified in contract
Failure to deliver product
Failure to meet specific time for delivery
Publication of false or misleading information
Often times, a developer will argue that a delay in construction was due to an “act of God”. While that may be the case in some instances, this excuse is overused by contractors and does not cover mishaps such as a labor shortage or material shortage, which should have been foreseeable by the developer.
You can protect yourself and your investment whether your contract is exempt or non-exempt from the Interstate Land Sales Full Disclosure Act (ILSFDA). We will fight for the revocation and rescission of the contract you signed and a complete refund of your deposit. Finally, we will make sure both parties are discharged from their duties and obligations as specified under the original contract.
Interstate Land Sales Full Disclosure Act
Protecting Florida from Fraudulent Developers
When fraudulent developers and dishonest contractors do not comply with the terms and conditions of their contracts, there are laws in place to protect the rights of consumers. A lawyer who understands the Interstate Land Sales Full Disclosure Act (ILSFDA; found at 15 U.S.C. §§1701 – 1720, and accompanying regulations found at 24 C.F.R. §§1710.11 – 1710.559) can help you make a recovery of your real estate investment. At the Weston law offices of attorney Jonathan Kline, P.A., we protect purchasers of real estate from developer non-compliance.
Your commercial or residential real estate represents a major investment for your family or business. If a developer has failed to live up to the terms and conditions of your contract, you can take action to make a construction deposit recovery. The rights of consumers are protected under Florida State law and the Interstate Land Sales Full Disclosure Act. At the law offices of Jonathan Kline, we protect clients in both state and federal courts.
Exempt and Non-Exempt Property
When you signed your construction contract, the developer made a decision whether to make your property exempt or non-exempt from the ILSFDA. In some cases, the actions taken by a contractor renders a property as exempt. Either way, you can take action and protect your rights:
Exempt Property: The first thing we will do is make sure the exemption is proper. It is common for a developer to select a two year exemption, in which case the project must be finished within two years. We will conduct a thorough investigation to make sure that all provisions under the two year exemption have been satisfied.
Non-Exempt Property: A property report must be provided for all non-exempt property. We will attack any deficiency in the property report in order to seek a full return of your investment. In addition to getting your business or family the refund you deserve, we will make sure you are released from any further contractual duties.
You can also take action against a contractor or developer for misrepresentation, the publication of false or misleading information, or fraud. we may also help you take action for the improper use of escrow funds. We will ask that the court impose a constructive trust or equitable lien on the property in order to make sure those funds are used for construction.
Whether you want a refund for your construction deposit or there has been a violation of your condo purchase agreement, don’t let a contractor take advantage of you. Our Weston offices are open during weekly business hours, but we are available any time for appointments. Contact us today for a free initial phone consultation.
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