QUESTION
How can we get our down payment on a new construction back?
Asked on Nov 16th, 2013 on Litigation - New Jersey
More details to this question:
A year ago my wife and I signed a contract and paid 10% down on a new home construction. After eight months the developer did nothing in terms of construction blaiming delays on last year's storm Sandy. After the projected closing date (April 1, 2013) passed and still no construction has started, we asked our real estate lawyer to give the developer 90 days notice. We simply did not want to run into any more delays. Now the 90 days have passed and another month and the developer is not responding; he vever acknowledged receiving to 90 days notice; although, he did receive it. Our lawyer asked numerous times for our money back but the developer is not responding. The lawyer is suggesting to open a litigation case against the developer but she does not handle litigations. Our money is being held by the developer and we don't have enough to afford another lawyer. What can we do to get our money back? It has been over a year and we want to start a new construction/purchase.
2 ANSWERS
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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unfortunately you may have to pursue civil litigation. valter must. esq. is my partner who is a 'certified trial attorney' [there are only 1200 in nj]. he does our construction litigation. many construction people only respond to a complaint. the cost can be significant and finding the contractor's money can be a challenge. however, valter has had success. ed dimon, esq. 732-797-1600
Answered on Nov 18th, 2013 at 11:26 AM
Civil Litigation Attorney serving Elizabeth, NJ
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The Law Office of Lawrence M. Centanni, P.C.
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A correspondence needs to be drafted preferably by an attorney, requesting the deposit monies, and if the monies are not forthcoming or if they delay, file a law suit. In the alternative, maybe have a mediation between the parties before any lawsuit is filed.
Answered on Nov 17th, 2013 at 11:35 AM