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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31027
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I entered into a purchase agreement to buy a condo in FL

Customer Question

I entered into a purchase agreement to buy a condo in FL where construction has not yet started. The project has been delayed and the contract does allow for delays. My questions is that at the time we executed the contract the seller did not disclose that he had not had the property rezoning approval or submitted the Development Order Application. We signed the agreement in Nov, 2105 and the Rezoning application was found to be sufficient on 1/14/16 (not approved but sufficient to move forward with the rezoning process). The Development order was submitted on 12/23/15. Both of these dates are after the date of our agreement. Do we have a case to get out of the contract due to the sellers not disclosing these two significant issues.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Roger replied 10 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

This all depends on what the contract says......if it says that the condo will be built IF the re-zoning is approved, then you're likely not going to be able to get out of the contract because the contingency was noted in the agreement. BUT, if the contract misrepresents the situation and states that the zoning has been approved and that the project is a "go" --- when it was not --- then you could have a claim for misrepresentation against the other party.....which could give you grounds to cancel without penalty.

Thus, you're going to have to go through the purchase agreement very closely and determine where things stand. You may want to have a local lawyer review it and determine whether or not you have sufficient grounds or not and then re-approach the seller about resolving this short of filing suit.

Customer: replied 10 months ago.
The purchase agreement does not mention anything at all about zoning. The property needs to be rezoned in order to build the condos and this was not disclosed. We only found out about this because of the delays. So the question is, if the requirement that the property be rezoned was not disclosed in the purchase agreement would this be grounds to cancel the contract and get our deposit back?
Expert:  Roger replied 10 months ago.

If this material fact was not disclosed to you prior to purchase, then you should have grounds to pursue a claim --- and possibly even cancel --- based on the intentional or negligent failure of the other party to inform you that the project MAY NOT happen......because of the zoning issues.

Expert:  Roger replied 10 months ago.

However, if the seller will not voluntarily agree to cancel the deal, you'd have to sue in order to have a court decide this issue.

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