A father and son have sued the Related Group, Donald Trump, Michael Dezer, and Gil Dezer to recover a $205,580.00 deposit paid for a condo unit on Collins Avenue in Sunny Isles, Florida, commonly known as "Trump Tower II." The Plaintiffs, Ken Borinsky and Mark Borinsky, signed a preconstruction contract for a condo in the 271 unit tower in March 2005.
Fort Lauderdale, FL (PRWEB) February 26, 2009 -- A father and son have sued the Related Group, Donald Trump, Michael Dezer, and Gil Dezer to recover a $205,580.00 deposit paid for a condo unit on Collins Avenue in Sunny Isles, Florida, commonly known as "Trump Tower II." The Plaintiffs, Ken Borinsky and Mark Borinsky, signed a preconstruction contract for a condo in the 271 unit tower in March 2005.
According to the lawsuit (#0915513CA15), filed today in Miami-Dade County Circuit Court, ten months after signing the contract, the developers sent the Borinskys an amended floor-plan showing that the developer had eliminated the private entrance elevator, reduced the size of the master bedroom by 27%, a second bedroom by 19%, and the den by 18%.
The Borinskys further allege that they did not accept the revised floor-plan and demanded their money back, but were told by the Related Group's representative that they would receive their money back when construction was completed. When they again requested their money back in 2008, as construction was nearing completion, they claim the developer stated there was "no legal basis" to cancel the agreement and faxed them the amended floor-plan containing "forged and/or copied signatures…in hopes of convincing them that they had approved" the amended floor-plan.
The Borinsky's allege "the fact that the documents are forgeries is readily apparent to even the untrained eye," and that the two forged floor-plans are not even identical to each other. They "demanded to inspect the original floor-plans to corroborate that they were forgeries," but the Related Group "refused to further respond" or to make the original forged documents available for inspection.
Plaintiffs allege that they have since discovered that the "Related Group engaged in identical conduct" - using forged signatures on an amended floor-plan - in a prior Related Group condo project in Miami Beach.
The 13 count complaint includes claims for civil theft, fraud, and civil RICO - all against the Related Group defendants only. While Donald Trump, the Dezers and Bank of America are included in many of the remaining counts, there are no allegations that they knew or participated in forgery or fraud.
The lawsuit was filed by the Law Firm of Joseph E. Altschul, LLC, which has offices in Fort Lauderdale and Weston, Fla. The Firm can be reached at 954-556-4821.
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[Via Legal / Law]