[redsand]

I am in Florida and am in the middle of a Pre-Construction nightmare. The developer is terrible.

I have reviewed the contract. My 15 day "rescission" period passed whereby I can withdraw within 15 days. Also, I initialed to say I received all of the documents like condo disclosures, etc. Also, my 10% escrow deposit was cleared long ago with the title agent.

However, I believe that is all separate from this section - which I see as my best shot to getting out:

24. OFFER. This contract, as executed by Purchaser, shall constitute
An offer to Seller. Seller may accept the same, if at all, by
Delivering to Purchaser at least one executed copy of this Contract
Prior to the time that Purchaser shall notify Seller, in writing, of
Purchaser's revocation of this offer. The date of this Contract is the
Date of acceptance by Seller.

In theory I am reading this to mean that if I deliver in writing that I revoke my “offer” and I deliver that in writing before they deliver a copy of a contract to me that is executed - which they haven't (I only have a contract signed by me) - then I am out of the contract. The sales agent specifically told me also that they do not sign contracts.

However, I am worried about how to prove that I have delivered in writing (if I should send certified mail to both developer, sales office and escrow/title agent, fax, and email to the sales office or what). Also, I am worried that they will somehow sign a contract and "execute" one and back date it to make it appear that they did deliver an executed contract to me - which they never did.

It would appear to me that they left this paragraph in the contract in order to be able to get out of the contract if they decide to at a later date without penalty. However, can it backfire on them?

Or is the terminology that I would "revoke" the offer mean that I would've had to use my 15 day rescission period. It wouldn't appear so, because that 15 day paragraph is separate and does not indicate anywhere that it is the "only way" the contract can be terminated by purchaser. It seems like it indicates that it is just "one of the ways" and required by state laws.

(Like this one: http://law.onecle.com/florida/real-a...y/718.503.html)

Thanks for any insight in advance. I really appreciate it.

[LisaB4657]

Read your contract carefully, particularly the 15-day recission clause. Does it say that the 15 days begins from the date you signed the contract, or from the date of the contract?

If it begins from the date of the contract, and if you haven't received a copy of the contract signed by the seller, then the 15 days have not begun yet. Also, if you have not received a copy of the contract signed by the seller, then technically you do not have a valid contract.

If I were in your position I would send a letter by certified mail to the seller (with copies by certified mail to the sales office and the escrow agent) that since you have still not received a copy of the fully executed contract, you want to withdraw your offer to purchase and you want a complete refund of all deposit monies.

Of course your best move would be to speak to a real estate attorney in your area who can review your paperwork and tell you your rights.

Good luck!