A couple in Boca Raton is taking legal action against the developers of The Residences at Mandarin Oriental after substantial delays in construction have left them without the condominium they were promised. Frank and Nancy Scala are seeking the return of their $1.3 million deposit for a condo that should have been ready for closing three years ago but now, the building is still not complete. The lawsuit filed shows images from the Mandarin Oriental Residences website that exhibit the building as merely a shell of its projected grandeur.
According to details obtained by BocaNewsNow.com, the Scala family's complaint outlines that they were to move into Unit 812 by June 30, under the terms of a purchase agreement dated April 21, 2021, with a private garage unit added through a Second Addendum on June 24, 2021. However, to have failed in delivering the property by the agreed deadline, the developer is now in violation of the contract, as stated in the purchase agreement that includes clauses addressing such defaults and consequences.
The Scala's demand for a refund, including interest on the deposit, was formally issued on July 5. As of August 10, after over a month of silence, they were abruptly informed by Via Mizner Owner III, LLC that they were "not entitled" to their deposit return, with no explanation or legal justification provided. This response has triggered the lawsuit for contractual damages against the developer as a consequence of their perceived breach of agreement.
The developer, Via Mizner Owner III, LLC, had not issued a response to the lawsuit as of yesterday afternoon. The couple's legal counsel, Attorney James Ferrara of Hinshaw and Culbertson in Fort Lauderdale, is representing them in this case. Further details were revealed in the comprehensive lawsuit published by BocaNewsNow.com. Simultaneously, a succinct report highlighting the couple's legal action was shared yesterday, by SFBJNews on their website.
