Contract void due to delay

[cancikm]

I signed a contract in July 2006 and put a deposit down on a lot in a new neighborhood development in Baton Rouge, LA. The development experienced one delay after another. The contract stated that the deposit was non-refundable. It also stated that the expected close date would be November of 2006. It is now 2 years later and I have been told that I cannot have my deposit back becuase this contract is stil binding even though it is well beyond the stated expected close date. Am I being duped or can I demand my deposit back?

 

[Michael Wechsler]

Does the contract address delays? Read it carefully...

 

[cancikm]

It does not address delays.

 

[lwpat]

That is why you should never sign a contract without taking it to an attorney. The court will use a reasonable time and two years after the supposed closing would be unreasonable. Have an attorney write a demand letter if it is a significant sum. If not, send it CRRR yourself and if they do not comply file in small claims. The local magistrate can tell you the limit and give you the forms.