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As Condos Rise in South Florida, Nervous Investors Try to Flee

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Nov 04,2007 by shab

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MIAMI, May 25 - As dozens of condominium towers conceived during Florida's real estate boom near completion, investors who snatched up units in the preconstruction phase in hopes of turning a quick profit are increasingly trying to break contracts, even walking away from fat deposits.

Skip to next paragraph Enlarge This Image Barbara Fernandez for The New York Times

Gregg Covin says 45 of 200 preconstruction buyers in his condo tower in Miami have resold their units.

"Motivated" sellers are flooding online forums like Craigslist with advertisements for condo units still months or years from being finished. And lawyers have been inundated with calls from people hoping to avoid closing on units they bought during the speculative craze of 2004 and 2005.

"I get two or three of these calls a day," said James Ryan, a lawyer in Boca Raton who said he had 40 clients looking to get out of condo contracts. One, Mr. Ryan said, abandoned a 0,000 deposit rather than close on a .6 million unit that lost its appeal as the market faltered.

The numbers suggest that it will only get worse. In Miami-Dade County alone, 8,000 new condo units will be completed this year and nearly 12,000 more in 2008.

But demand has dropped markedly, and people who thought they could "flip" condos - buying, then selling for a steep profit before construction is done - are parting with that fantasy. After years of stunning price increases - 25 percent in the West Palm Beach-Boca Raton area, for example, from March 2005 to March 2006 - condo prices have started dropping.

Condominiums in West Palm Beach and Boca Raton sold for a median price of 1,800 in March, down from 4,600 a year earlier, according to the Florida Association of Realtors. And in Fort Lauderdale, the median price in March was 5,500, down from 2,600 the previous year.

As a result, many buyers want out - not an easy prospect unless they are willing to forfeit the 10 percent or 20 percent they put down, from ,000 for an inexpensive studio unit to hundreds of thousands of dollars for a waterfront penthouse.

"I see buyers unleashing all possible means to try to get out of contracts," said Gary Saul, a lawyer in Miami for developers, adding that in some projects, 20 percent of buyers want their money back.

Frank Scarfone, a retired engineer who bought two preconstruction units at Hollywood Station, a complex going up in Hollywood, is seeking to cancel his contracts. Each unit is priced at 0,000. The developer promised a city view from both units, Mr. Scarfone said, but now another building in the complex is blocking it - a change that he said made the contracts unenforceable.

He sent a letter demanding his total deposit of 0,000 back, and after getting no reply, picketed the developer's office. Then Mr. Scarfone called a lawyer, Matthew Schlesinger, who has been unable to recoup the deposit so far.

"If we have to sue," Mr. Scarfone said, "we're planning on suing."

Tom Leon, a retired business executive who moved here from Illinois, said he planned to give up 0,000 in deposits on two condo units in Miami, priced at 0,000 each, after finding "no loopholes" in his contracts. He said he was not especially bitter, since he had made money flipping other properties at the height of the boom.

"I'm of the frame of mind that you have to be prepared in business or investments to take a loss," said Mr. Leon, 72, adding that he never had any intention of living in either of the units. "There are some people that mentally can never bring themselves around to that, especially in real estate. But there's a time to hold and a time to fold, and in my opinion, this is a time to fold."

The condo mania of recent years also beset cities like Las Vegas, Phoenix and Washington, but while those markets are also full of resales, analysts say South Florida drew the most investors.

"Between the Latin American influence and the out-of-state buyers who have a love affair with Miami because of its ambience," said Jack McCabe, a consultant in Deerfield Beach who tracks the South Florida housing market, "they flocked to it and pushed it to the point where about 70 percent of all sales were to investors."

Real estate analysts say South Florida's housing market peaked late in 2005, and would-be flippers stopped buying in 2006. People who bought condos before 2005 might still make money or at least break even if they sell soon, the analysts say, but those who bought at the height of the mania stand to lose a bundle.

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