High-rise condos are one of the
hottest parts of the real estate market in Las Vegas. A lot of people
have bought in. But some are finding that what they thought was an
agreement to purchase is not.
Bruce Curcio said, "I signed what I believed to be the purchase price in the purchase agreement."
When
Bruce Curcio signed on the dotted line for a new condo at Vegas Grand,
he thought he was signing a contract. But now he and several other
hundred people are part of a class action lawsuit against the
developer.
The reason is Florida-based Del American canceled
all the reservation agreements that potential buyers like Bruce signed.
And if they wanted back in they'd now have to pay close to double the
original price. But potential buyers say that's not what they were
promised.
Cindy Emanuel said, "They kept saying this is the
locked in price. No matter what, this will be the price set in. There
will be no higher prices."
Craig Anderson, with Marquis &
Aurbach, says, "The wording in the reservation agreement states the
purchaser could get out of the contract for any reason. The seller,
Vegas Grand, could only get out if they decided not to go forward with
the project. But they are going forward with the project so they have
no right to get out of it."
As more and more high-rise projects
break ground in the valley, real estate attorney John McMillan says
potential buyers need to read the fine print and understand that there
is a difference between a contract and a reservation agreement.
"A
reservation -- depending on how it's written -- will simply say it's
non-binding. I'm simply putting up a small amount of money to reserve
an opportunity to buy the condo at a point in the future. It will also
say you have the right to back out at any time or get your deposit
back," McMillan stated.
For people like Bruce who have the
option to get their deposit back from Vegas Grand, it's not about the
money. "I bought it to live in -- not to flip it, not to make a profit.
I bought it to live in."
The attorneys who filed the suit say so far developer Del American hasn't responded to the suit.