I live in Tampa, FL. On 11/28/05, I signed a contract with a townhome developer to purchase a pre-construction townhouse. The contract stated that the property should be delivered to buyer in two years from the date of the contract according to ILSA law. On 11/22/2006, the developer prepared an addendum with a clause in it stating that the starting date for the two-year delivery is changed to the date of the addendum without any consideration. I signed the addendum without knowing this clause. I think it is an invalid contract. Now, I get a letter from the developer saying that the townhouse closing date will in in January 2008, which has passed the two year period from the contract date of 11.28/2005. I sent a letter to the developer asking for cancellation of the contract and refund of my deposit. The developer sued me for breaching the contract. Do you think I have a good case to win or not?

Hello ying:

If you signed an addendum that allows him to delay delivery, it won't matter that you didn't know the clause was in there when you signed it. If the court is asked to believe either what you SIGNED then, or what you SAY today, the court will go with what you signed.

excon

A contract that you signed is not invalid just because you didn't read it. Sorry,you haven't a chance of winning. Next time read before you sign.