High Point, NC asked in Elder Law and Contracts for Florida

Q: Parents liquidated all assets to move into a CCRC for it's promise but they are getting kicked out due to money - broke.

They were promised continued care even after they couldn't pay which is why they liquidated everything to buy in. They were rejected and then reassessed and approved. Now they are getting kicked out because they cannot pay and there does turn out to be a clause in the contract. But that's marketing fraud according to http://www.davidwingate.com/lawsuit-may-proceed-ccrc-misleading-marketing/ . Is there anything we can do?

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1 Lawyer Answer

A: The blog which you link discusses aspects of New Jersey law. If you are in Florida, the case which it references might or might not be persuasive authority. But it would not be controlling authority.

Obviously, if they were promised one thing and given another, they may have a case. But it appears that in this case they merely failed to carefully read the contract. If that's it, they probably don't have a viable cause of action.

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