As you may know, I represent or have represented hundreds of clients that are in positions similar to your own. I will briefly describe the process that usually occurs in a similar type case.
If you decide to hire me as your attorney, I will immediately send a letter to the escrow agent "freezing" the funds in escrow until there is either a settlement or court order releasing the money. I will then file a lawsuit to recover the full deposit, plus interest, cost and attorney fees. The Defendant, at some point thereafter, most likely, offer to settle. This settlement offer usually happens in the first 1 to 3 months of the case (although I can't guarantee the time frames). At that point you can decide to accept their settlement offer or proceed to final judgment.
If you accept the settlement, the case is over at that point and you get the money in escrow or a portion thereof. If you decide not to settle and proceed with litigation in order to obtain a final judgment against them, then if/when the court rules in our favor, I will attempt to collect the entire judgment. At that point the money in escrow will be paid to us and I will attempt to collect the rest from the Defendants. This process could take up to a year or more.
If they go into Bankruptcy during the litigation, then our case would continue through the Bankruptcy Court (where I am also licensed to practice). I would then proceed to obtain the escrow money and any additional money through the Bankruptcy Court.
Thus, you have potentially two options: 1) settle early with regards to the money, or a portion thereof, in escrow; or 2) proceed with attempting to obtain a final judgment and then, if/when successful, collect the money in escrow plus anything else we can obtain. It really depends on if you need/want the money immediately or if you can wait to see what develops. The choice is yours and I will proceed however you instruct me.
Hopefully, I have answered your questions. Of course, if you have additional questions please do not hesitate to ask. If you would like me to represent you in this matter please advise and I can email you the paperwork. As we discussed, my fee is 25% of any recovery and if no recovery then you owe me nothing. If we make a recovery you would also owe costs of most likely in the range of $500 to a maximum of $750 (for court filing fees, service of process, copies, postage, etc.). However, costs have been as low as approximately $100 in some of these cases. Thus, there are no up-front fees or costs to have me represent you in this matter. If we do not make a recovery for you then you do not owe us any money.
Have a great day.
Best wishes,
Greg Stoner
Grande Palisades, Magnolia Woods and The Avalon Resorts
These three condominium developments being built by Lake Austin Properties 1, Ltd and potentially Maesbury Homes (at least according to documentation from Instant Access Properties); are of special interest to me. I represent a number of UK buyer that were led into this project through Instant Access Properties. It is my opinion that my clients may have been misled into signing documents based upon information that may be considered deceptive and that the documents themselves may not comply with federal and state laws.
With regard to Grande Palisades, a lot of people signed purchase agreements in 2005. These purchase agreements may have been defective for a number of reasons. However, in 2007 the Developer asked the buyers to resign new purchase agreements. These buyers may have been led to believe that they were required to sign the new purchase agreement. However, that may not be the truth. It is my belief that my clients may have potentially been the subject of fraud in the inducement (more discover may be necessary), as well as possibly other violations of state and federal laws. I believe my clients have an argument worth pursuing in the Court system to possibly recover their deposits from Grande Palisades, the Resort at Lake Austin.
If you have questions about your new condo deposit with Lake Austin Reserve, Grande Palisades, Magnolia Woods, Avalon or any other Development; please do not hesitate to call. A substantial portion of Mr. Stoner's current practice is related to condo deposit recovery / refund cases. Call for a free consultation with regard to your unique situation.
Attorney Stoner always uses his best efforts to help his clients in condo deposit refund / recovery cases.
Call Florida attorney Greg Stoner at (407) 843-4900 regarding all your condo deposit recovery / refund questions.
Magnolia Woods
If you signed a purchase agreement with regard to Magnolia Woods or the Avalon please call before three years from the date you signed the purchase agreement has expired. You have important legal rights that you need to be informed about that may expire three years after signing the purchase agreement. If you do not plan on completing your purchase at Magnolia Woods or Avalon please call Greg Stoner immediately to discuss your legal position.
Update:
Clearly, Grande Palisades is concerned that I may be
representing a number of buyers against them. Why do you think that they
may be concerned? My guess is that they know that I have what I believe is a
case that I can win. I clearly believe that a Court should find that Grande
The
one part of their letter that is remotely accurate is that my firm's name did
change about 3 years ago. As I have always mentioned, I have been a
litigation attorney for 15 years. I was previously practicing in the area
of Eminent Domain law (still am to a smaller degree). However, recently
(2007), I began taking these deposit refund cases and decided to change the firm
name to show that I perform all types of property related litigation.
In
2007, when I began representing clients in deposit cases, I became immersed in
both state and federal law to help people with these issues. I would
guess, there are only 5 to 10 people in the state, that represent buyers, that
have as many cases as I do, and most if not all are in South Florida. I
speak with these other attorneys in person, on the phone or through email on a
daily basis to share ideas and strategies. So it is not uncommon for me
to hear from new clients that they have spoken with other attorneys who have
told them they have “no case.” Generally speaking, most attorneys
are not up-to-date on the current status of the Florida Condominium Law or the
Federal Interstate Land Sales Full Disclosure Act. I would humbly submit
that I think that I am.
Lastly,
I ask that you check with the Florida Bar. In my 15 years of practice I
have never had a client file a complaint against me nor have I ever been the
subject of disciplinary action by the Bar. If Lake Austin Properties does
file a complaint with the Florida Bar I think that it would be the first.
However, look on the internet and see how many people have complaints against
Maesbury Homes. I think that should tell you all you need to know.
If you have questions about your situation, I
would love to help. As now my resolve to win this case is as great as ever.
Sincerely,
Greg
Stoner
(407) 843-4900
Fax (407) 849-1570
