Palm Coast, FL asked in Real Estate Law for Florida

Q: We have a contract signed in October 2021to build our house on a lot we purchased in Florida. Three months ago we found

out that the house design would not fit on the lot due to a conservation easement. This easement was missed by the surveyor and the building department that issued the permit. This easement was bought to the attention of the building department by a neighbor. The builder told us to find a new lot and that he would honor the price of the contract. We just closed on the lot and now the builder is pricing our home as if it were a new contract. Does the builder have to honor the contract? In our contract he can charge up to $10K more for any increase in materials which we agreed to. What are my options? Thanks

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1 Lawyer Answer
Barry W. Kaufman
Barry W. Kaufman
  • Jacksonville, FL
  • Licensed in Florida

A: Your best option is to stop thinking this is a simple transaction like buying a burger at Mickey Ds. I recommend that you retain a real estate attorney asap.

Stephen Arnold Black agrees with this answer

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