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3rd DCAAugust 2, 2023Affirmed🔬 Novel Issue

Bydalek v. Saenz

Case No. 3D2022-2085

A condominium buyer canceled a purchase agreement nine days after the scheduled (but never held) closing date, citing non-receipt of the statutorily required condominium documents, and sued for return of his deposit. The Third DCA affirmed summary judgment for the buyer, holding that under the plain language of section 718.503(2)(d)2., Florida Statutes, and the identical contract rider, the buyer's right to void 'shall terminate at closing' means at an actual closing, not on the date scheduled for closing.

Key facts

  • Condominium buyer canceled a purchase agreement nine days after the scheduled closing date, citing non-receipt of statutorily required condominium documents.
  • Buyer sought return of his deposit; seller refused, arguing the buyer's right to void the agreement terminated on the scheduled closing date.
  • +2 more key facts with a free trial

Why it matters

This appears to be the first Florida decision to squarely hold that a condominium buyer's statutory voidability right under section 718.503(2)(d)2. survives a missed closing date where no closing ever occurred. Real… — full analysis with a trial

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