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Consumer Law Keyed to Whaley, 9th Ed.
Cruz v. Leviev Fulton Club, LLC
Citation:
711 F. Supp. 2d 329 (2010)Facts
On June 22, 2007, Eddie Cruz entered into a purchase agreement with Leviev Fulton Club, LLC to buy a condominium unit for $555,000, making a down payment of $55,500. The Offering Plan filed with the New York Department of Law stated that it was “anticipated” that the first closing would occur by April 1, 2008, and that the building would be “substantially completed” by that date, but explicitly disclaimed any warranty or representation as to completion dates. LFC did not file a statement of record with HUD or provide Cruz with a property report as required by ILSA. LFC scheduled a closing for December 17, 2008, but Cruz failed to appear. After providing notice of default and opportunity to cure, LFC cancelled the Purchase Agreement and sought to retain Cruz’s down payment as liquidated damages.
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