Boca Raton Condo Buyer Sued to Recover Deposit
A doctor has filed a lawsuit in Palm Beach County seeking the return of a $1.23 million condo deposit.
Updated on Oct. 10, 2026 in Residential
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Dr. Sajid Malik has sued Via Mizner Owner III, LLC to reclaim a $1.23 million deposit paid for a luxury condominium in Boca Raton. The lawsuit follows the developer's failure to complete the project by the contractual deadline.
Why it matters
The legal action highlights the ongoing conflict between developers and buyers at The Residences at Mandarin Oriental, where construction delays have led to multiple similar breach-of-contract claims.
Dr. Sajid Malik paid a $1.23 million deposit for a $4.1 million condo in January 2022. While the project was slated for completion in December 2022, the unit remains undelivered.
The players
Dr. Sajid Malik
He is the plaintiff who signed a contract for a luxury condominium unit in Boca Raton.
Via Mizner Owner III, LLC
This is the developer responsible for The Residences at Mandarin Oriental project.
First American Title Insurance Company
This firm manages the escrow funds and surety bonds associated with the development contracts.
The details
The developer previously accessed $820,000 from escrow in 2022, while the remaining $410,000 was released after a surety bond was posted. Malik's suit demands that First American Title Insurance Company pursue that bond after the developer ignored a formal default notice sent in August.
Timeline
January 2022: Dr. Malik signed the contract for Unit 712.
2022: First American released $820,000 in escrow funds to the developer.
December 2022: The original estimated completion date for the project.
August 2026: The plaintiff issued a default notice and refund demand.
October 9, 2026: The lawsuit was officially filed in Palm Beach County Circuit Court.
Culture Shift
This lawsuit follows a trend of similar legal filings by other buyers at the same development who have faced project delays. It highlights the growing tension in South Florida real estate as luxury project timelines frequently miss original projections.
Prospective buyers in large-scale residential developments should verify the status of escrow funds and surety bonds before signing contracts. The ongoing litigation highlights the necessity of strictly reviewing delivery timelines and legal protections in purchase agreements.
The takeaway
Buyers should ensure their purchase contracts include clear, enforceable refund triggers for construction delays. Consulting with legal counsel regarding escrow protections can mitigate financial risks in unfinished development projects.
Further reading
For more context on the local market, visit the Boca Raton Residential section.
Source note: This article includes information reported by BocaNewsNow.
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