| One month without copy of jointly-signed contract
Is there, in the state of Florida, an inherent duty to timely provide a copy of a contract to both parties once the final party has signed it? It took the other party one month to get a copy of the jointly-signed contract to me.
Without hard evidence that a jointly-signed contract existed (evidence as opposed to assurances), I did not feel that it would be prudent to take additional actions involving extra expense (and involving legally attesting to the existence of a jointly-signed contract... when, in fact, I didn't know for sure if it did exist).
This was a contract to buy a home, FYI. While waiting.. and waiting... and waiting.. for my copy of the jointly-signed contract, I took some good faith measures to continue with the purchase process. I discovered that commitments which required me to be out of the state until 2009 would also cause me to be ineligible for a mortgage loan (failure to timely occupy the property). I have excellent credit, so no one anticipated that something else - occupancy issues - would scuttle the process.
ONE WEEK BEFORE I received my copy of the contract, I let the other party know that occupancy issues existed and asked their affiliated lender if I had any other options (got no response) .. and ONE DAY AFTER I received my copy of the contract, I withdrew, citing the inability to secure a mortgage as the cause. Now the builder wants to keep my earnest money .. I put down $9000.00.
There are other trust and transparency issues (builder lying about the presence of geologic hazards in the area, for instance), but those aren't really germane at this time. Does their LONG delay in providing a contract, coupled with my being rejected for a mortgage in the meantime, due to an extended absence (house would sit unoccupied for nine months), merit the return of the money? | 
05-13-2008, 08:37 PM
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