Condo Cancellations and Contract Collapse
Posted by A. B. Dada on 27th April 2006
The number of condo towers cancelled before groundbreaking continues to rise, but now additional pressures are added on developers who consider taking a risk to building the multi-million dollar ventures. Today the Miami Herald reports on a condo tower that was cancelled, with full deposits returned, but the buyers are suing based on the fact that the condo was promised to be built. Most deposit contracts offer exit clauses for developers (who ask for 20% down payments but take the bigger risk on the remainder of the building costs). The market is softening up in southern Florida, and other developers will come under the same legal burdens if this class action lawsuit continues.
The variations of all the tort laws make it very difficult to do any business in this country now. What used to be a basic contract agreement can now be thrown away if a judge decides the contract is unworthy. Instead of a legal binding agreement, we now have contracts that can be stretched and pulled in almost any direction. The law is no longer there to protect the solidity of contracts, it now is there to create a preferential atmosphere for whoever the legal system sides with. This is a big case to watch, to see if our legal system falls even further into paternalism and consumer protection rather than tossing the case and forcing people to read their contracts before signing.
The parties suing the developer in this case want more than what they paid: they want the profit cash value of the condos if they were build and resold. From the article: The plaintiffs seek not only interest on their deposit but the value of the condo if it had been built. Walroth-Sadurni said that if Baboun can be shown to have acted in bad faith the plaintiffs are due the benefit of their bargain, not merely a returned deposit plus interest. This is ridiculous, and shows that the market has speculators who are buying for profit-sake rather than having a place to live. These speculators should be happy that the condo tower was canceled, as they’d likely have a hard time moving with the increase in inventory in that region.
In more Florida condo news, the Sun Herald offers an article on the softening of the condo market. From the article: Almost as quickly as Panama City Beach’s boom began, it hit a trough. Several developers have put plans on hold in this Florida Panhandle town, some after starting construction, waiting for better times. Condo prices have - hold on to your beach umbrella - stagnated or even dipped. Much of Panama City Beach is for sale. The panhandle region is badly hurt by the fear of future hurricanes, but many speculators invested anyway and most will lose money on the transactions.
Citytimes has an article on a dilemma in Tampa, one that plagues developers almost everywhere: the city planning council. Rather than allowing the market to drive in the direction that the money is, these city councils use their power to create preferential pro-voting atmospheres rather than allowing people to buy what they want, and allowing developers to build what people want built. People that don’t even live next to some parcels have power over what is built just because they live in the town. No one argues on behalf of the property owner, believing that restraining the market will make things better for those who live in the same town. Towns are just many parcels of private land that decide to unite under one names — they should not be structures of controlling what you do with your property. As more towns flex their zoning powers, they’ll feel the burden of flight of developers who decide to build projects elsewhere. A town close to my home has been in the gutter for 20 years due to powerful zoning boards. Nothing changes, the money just goes elsewhere.
Beazer Homes announces a few hours ago that their orders have tumbled and their home sales in California dropped 46.3%. Ouch.
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