This concerns my attempted purchase of investment real estate in a Tropical Village development for active seniors. The purchase agreement signed by both parties in Feb states the following: "If financing is not approved, all earnest money will be refunded and this contract becomes null and void."
After 5 months of atempting to finance this purchase, I exercised my contractural right to cancel this contract due to a lack of financing. This was done in writing on August 4th. I attached a letter from my mortgage broker confirming that financing is not available to me for this purchse.
I have spoken to Patrick Kirkland personally on several occasions since August 4th. I have provided documentation of all our conversations in four separate faxes, with hard copy back-up sent by certified return receipt mail, which have completely refuted all of his concerns about the validity of my cancellation.
Mr. Kirkland has been unresponsive, uncooperative and evasive. He has provided no substantive refutation of my right to cancel. He is willfully avoiding his contractural responsibility to refund my $73,300 of earnest money.
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