Misleading Home Builder

I signed the purchase agreement on a new home with a home builder in Port St. Lucie, Florida on August 07, 2005 and closed on my house September 07, 2006. During the sales process I was verbally told numerous lies and material misrepresentations.

The following is a brief summary of some of the facts or events but not all inclusive that was told to me by the sales staff. First, I asked a sales rep if I could make money on the house before I signed the paperwork to purchase the house? She stated: “I could make $100,000.00 dollars easily on the house as she did when she bought and sold her home from the builder in St. Lucie West.”

Secondly, on a visit to the sales office before signing the purchase contract I was told that the only lots remaining in the community were located on this street. I was given sales information by another sales rep that states Grand Opening ! Pre-Construction Pricing! Phase 6. I made notes on this sales sheet. She told me that the last 7 lots will be released and I should call her Monday at 4:30PM. She also told me that the last 7 home lots would not be built for 18 to 20 months. She said that because the homes were sold last they would be built last. Then I would hold the house for 1 year and could rent it. I have all of the documents for proof.

Then I received a telephone call from the first sales rep telling me that our homes were going to be built first instead of last. It seems as though I was mislead during the entire process. Of course, the purchase contract states the approximate closing date would be 4th quarter 2006/1st quarter 2007.
When I questioned Diane about this, she told me this was just an approximate date. I guess that was her way of getting around the issue. It was one lie after another. Why was my house built first (maybe because we paid the most) when customers who bought homes during the first phases for less money waited for years to have their homes built? This sounds like a major class action lawsuit.

I telephoned Holly and she told me when the last 7 lots would be released. However, I drove all the way to the sales office and upon entrance the sales rep told me that the price of the homes had been increased by approximately $17,000 because this was a new phase and the final phase. I should have known right then and there the kind of games the sales staff played and should have run from the office. However, based on all of the lies and mis-representations I put a deposit down on a Lot. I was told that upon the selling of my lot and the remaining lots (7 lots total) on my street the community would be sold out.

Here we are almost two years after I closed on my house and the bulider is still advertising remaining single family homes at close-out blow-out pricing ($160’s - $190’s). The question is how many lots were actually still available when I was told the community was sold out? This can also be easily verified as well. There was home builder sales literature and a sign in the community that stated there were only 7 lots remaining in the fall of 2006 and spring 2007. I thought this was considered false advertising?

Based on the above information and examples, would I have a sustainable lawsuit against the home builder requiring them to take the home back and return all my funds and expenses incurred to date based on material sales misrepresentations?