A state appeals court has offered South Florida condo buyers some relief in the form of refunded deposits for units in developments caught in the real estate bust. Buyers whose contracts include a liquidated damages clause are entitled to 25 percent of their money back, the Third District Court of Appeal said, even if they are eventually are found to be in default. The decision backs a Miami-Dade Circuit Court ruling in a case filed by attorney Robert Cooper against Terra Group, in which about 20 buyers put down $80,000 each in deposits on units at Quantum on the Bay in Miami. They later backed out of the deal, saying the developer did not deliver on promised amenities and monthly maintenance. The latest ruling could have a major impact on condo buyers elsewhere, according to Joseph Altschul, an attorney who is representing buyers trying to get out of their contracts at Trump International Hotel in Hollywood. [SFBJ]
Posts Tagged ‘third district court of appeal’
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Auto dealer Norman Braman — the most visible opponent of public funding for a new stadium for the Florida Marlins — may have seen his quest quashed in court. The Third District Court of Appeal on Wednesday upheld a lower court decision that dismissed Braman’s seven claims against the project. Braman was seeking a voter referendum on the proposal to finance the $515 million stadium with $360 million of public funds, among other concessions. Polls showed voters were overwhelmingly opposed to the deal, which won approval from both the Miami city and Miami-Dade County commissions. [Miami Herald] [more]

