Where’s my rooftop terrace? Buyer sues Shoma over Ten30 South Beach penthouse 

Masoud Shojaee’s Shoma Group allegedly stiffed a penthouse buyer at Ten30 South Beach by failing to install a private rooftop terrace, a private locker and a wine freezer, according to a recent lawsuit.

Jose Angel Diaz, who paid close to $1.3 million for his two-bedroom unit on the top floor of the four-story building, alleges Shoma hasn’t followed through on completing the missing features, despite assurances from the developer. On July 7, Diaz sued the Shoma affiliate that developed Ten30 South Beach, a brand new 33-unit boutique condominium at 1030 15th Street in Miami Beach. 

Shojaee, CEO of Coral Gables-based Shoma, and his wife, Shoma President Stephanie Shojaee, did not respond to requests for comment through a spokesperson. Diaz’s lawyers also did not respond to emails seeking comment. 

All of the units closed around the same time that Ten30 South Beach received its temporary certificate of occupancy in February of last year. Condos ranging between 786 square feet to 3,005 square feet were priced at $566,000 to $1.9 million. And about 35 percent of buyers used Fannie Mae-conforming loans to finance their purchases.

Prior to signing a purchase agreement in 2021, Diaz alleges that Shoma representatives assured him during negotiations that the unit would include the private terrace, private locker and wine freezer. A year later, during a walkthrough of the unfinished penthouse on his closing day, Shoma representatives again affirmed that the features would be built prior to his moving in, the lawsuit states. 

“Since then, the buyer’s repeated follow up has fallen on deaf ears,” the lawsuit states. “Seller entrapped the buyer with false promises concerning the build-out that seller had no intention to honor at the time the contract was executed. Seller’s motives were purely profit motivated.” 

In March, Shoma stopped communicating with Diaz after he repeatedly inquired about when the developer was going to install the terrace, locker and freezer, according to the suit. 

The Shojaees are no strangers to hostile litigation. Last month, an appeals court restored Shoma’s $10 million jury award against an affiliate of Ugo Colombo, the Miami-based developer who leads CMC Group. Entities tied to Masoud Shojaee and Colombo have been engaged in a seven-year legal fight over a scuttled joint venture to build The Collection Residences, a 128-unit high-end condominium that never broke ground.

In February, Shoma co-founder Maria Lamas, who is Masoud Shojaee’s ex-wife, and their daughters, Anelise Shojaee and Lilibet Shojaee, sued Stephanie Shojaee for defamation. Lamas and the two daughters allege Stephanie Shojaee made false derogatory statements about them during a podcast interview last year. The lawsuit is pending.

Masoud and Stephanie Shojaee also have a pending defamation lawsuit against Miami realtor Joanne Silva, who allegedly made false statements about the real estate power couple on Instagram.