The Real Deal Miami

Buyers file suit to back out of contracts at Boynton Beach’s Promenade

April 19, 2010 09:55PM

Before any sales have closed on the Promenade condo in Boynton Beach,
several buyers who have entered pre-construction contracts have chosen
to bring suit to recover their deposits. Several plaintiffs have filed
actions alleging language in the contract to be too one-sided for the
developer, and that the developer failed to complete construction by a
July 31, 2009 deadline. One attorney representing the plaintiffs is
Gary Nagle, a Juno Beach lawyer who was among the pioneers in the area
in trying to help buyers escape their pre-constuction agreements. Such
suits have been very frequent in South Florida, typically filed under
the federal Interstate Land Sales Act. But a recent ruling in the Federal Court of Appeals for the 11th Circuit has made successful claims far less likely. [Sun Sentinel]