Kelly Barnhart, CRS, ABR
Kelly Barnhart, CRS, ABR
Call now: (702) 340-6232
Kelly Barnhart | Call Direct at: (702) 340-6232 | Email: kbarnhart@windermere.com

GET YOUR CONDOMINIUM DEPOSIT BACK

Posted on February 8, 2009
GET YOUR CONDO DEPOSIT BACK - THE CAVALRY IS COMING LAS VEGAS!
 

David Otto & Affiliates, PC,  a Law Firm in Las Vegas, is setting the  standard for pre-construction deposit return litigation cases. We represent Plaintiffs in Las Vegas, Nevada and all over the United States, who find themselves in trouble on a Pre-Construction Condominium Purchase Agreement or Contract. We are Lawyers serving client purchasers who are seeking to terminate their pre-construction contracts and recover their deposits.

 On January 5, 2009, the Federal Eleventh Circuit Court of Appeals, which is the appeals court for all federal courts for the States of Alabama, Florida and Georgia, and one level below the United States Supreme Court, unanimously affirmed the Florida District Court case of Harvey v. Lake Buena Vista, LLC, 568 F. Supp. 2d 1354, 1365 (M.D. Fla. 2008) affirmed Harvey v. Lake Buena Vista, LLC, 2009 WL 19340 (11th Cir. 2009).
 
This case could have far reaching effects for the Las Vegas Real Estate and Condominium Market.  It may become the leading case for buyers seeking the return of their Pre-Construction Condominium Deposits. 

In that case, which was won in the federal trial court - the United States District Court for the Middle District of Florida, Orlando Division - based upon both breach of contract and Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701-1720 (�ILSFDA�) claims.  The developer defendant, Lake Buena Vista Resort, LLC, appealed the trial court decision to the Eleventh Circuit Court of Appeals.  After extensive appellate proceedings, the Eleventh Circuit Court of Appeals three judge panel assigned to the case unanimously �per curiam� affirmed the trial court decision which returned the Buyer�s Deposits because the Developer was two days late in getting an occupancy permit.

WE BELIEVE THE NINTH CIRCUIT COURT OF APPEALS WILL BE PERSUADED TO FOLLOW THE ELEVENTH CIRCUIT DECISION.  

The Ninth Circuit Court of Appeals covers the Western United States, including Nevada.

If you are a buyer/purchaser who is a party to a pre-construction purchase and sale agreement, we encourage you to consult with David Otto & Affiliates, PC., or another law firm and explore your rights and options. We can provide you with a consultation and, in many instances, we can represent buyers on a contingency basis and/or refer you to another law firm.  David Otto & Affiliates, PC currently represents buyers in connection with housing developments and condominium projects in Las Vegas, Nevada - including, but not limited to:

Panorama Tower III, The Palms Condominiums, One Las Vegas

We encourage you to become informed of your rights and options.  You should also ensure that any law firm you consult or retain to represent you has the experience, resources and ability to take your case through trial and appellate courts, if necessary. 

Please note that we do not represent you and cannot take any action on your behalf unless and until we enter into a formal written Legal Representation Agreement and any cost deposit or retainer has been cleared into the firm's attorney trust account.
 
David Otto is a Lawyer in Las Vegas, Nevada.  He focuses on Real Estate Law, Disability Rights Law, and other areas of Civil Litigation.  For more information go to davidottolaw.com, or call 702-379-6540

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Kelly Barnhart | Windermere Prestige Properties | 9406 West Lake Mead Blvd., Suite 101, Las Vegas, NV 89134 | Phone: (702) 586-1400 Fax: (702) 586-1600
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