Can I get my deposit back from a pre-construction condo purchase?

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avatar13

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My jurisdiction is: Miami-Dade County, Florida

I placed a deposit for a high-rise condo in 2004. The units are closing now, I went and was shown my unit by my sales agent and noticed that there were changes made to the elevators. In my original condo docs there is a blueprint for that floor showing an elevator lobby outside of my door (there would have been 7 elevators total on that floor). In the delivered unit however that 7th elevator lobby was removed and replaced with parking spaces so the finished building only has the 6 elevators. In order for me to get to an elevator I now have to cross this parking garage to get to the area that has the elevator lobby which is unacceptable to me. In my purchase agreement it says that any changes that are materially adverse to me would be communicated to me and I would have 15 days to back out of the contract. I was never told about this change and find this change to be adverse because it affects my quality of life. It seems that there were 5 floors affected by this change and mine is one of them, every other floor in that high-rise has an elevator accessible outside the door. Am I legally entitled to my deposit back? I was told by my sales agent to write a letter to the project managers and she mentioned by law they had to return my deposit but I wanted to make sure or is this something I would have to pursue through litigation?
 
If you can avoid litigation is better. Write the letter and see what happens. If no positive results, then consult with an attorney.
 
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