Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Buying & Selling a Home

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 04-30-2004, 03:36 PM
Howyadoin?
Guest
 
Posts: n/a

Developer is cancelling contract, I might lose my money???


I recently purchased the contract to a condo being built in a complex in Miami, from the previous contract holder. It is close to being finished, however the developer had to declare bankruptcy in order to attain the funds needed to complete the project.

Because years have passed since the contract was first issued, the value of the land has risen dramatically. Apparently under bankruptcy law, the developer is allowed to cancel the original contracts and sell new one's at the higher prices in order to pay off their lenders. Supposedly it is not common practice to cancel all of the contracts issued, but I would think that a developer would be inclined to cancel those that sold for a lot less than what they could get for them now.

My problem is that I bought my contract from someone who had purchased it before me. I don't know what they paid for it, but I can only assume that it was less than what I paid them.

What I'm wondering amongst other things is this:

Will my contract not only be cancelled, but will I only get back the amount the first buyer paid the developer? Will I lose the difference of what I paid the previous contract owner and what he paid the developer originally?

In other words, did the person I bought the contract from just make a profit off of nothing? Do I have any legal recourse or am I only entitled to the original amount the very first buyer paid for the property? Would I get back all of the money I put into it? And, if I only get back the amount that the contract first sold for, do I have a claim against the person I bought it from since he made a profit off of something that was never completed?

Any help or advice would be tremendously appreciated. Thanks for taking the time to read this.

Sincerely,

Dazed and Confused
  #2  
Old 04-30-2004, 06:13 PM
Senior Member
 
Join Date: Jul 2002
Location: Bay Area, CA
Posts: 7,513
You should be discussing this with a local attorney who can review all of the facts, along with any documents you might have.
  #3  
Old 04-30-2004, 06:20 PM
Howyadoin?
Guest
 
Posts: n/a
Thanks for the concern, I am indeed talking with a lawyer now. But I could always use some unbiased advice and new opinions. But I certainly do appriciate the info.
  #4  
Old 05-01-2004, 11:32 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by divgradcurl
You should be discussing this with a local attorney who can review all of the facts, along with any documents you might have.

**A: I agree.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 07:43 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.