Boca Buyer Sues Via Mizner Developer Over $1.16 Million Deposit at Tower 105 Residences

by Legal Desk | Mar 19, 2026 · 12:23 pm | Boca Raton News

Luxury condominium tower under construction at Via Mizner in Boca Raton, the subject of a lawsuit alleging failure to deliver a unit and return buyer deposits.

Last Updated: Mar 21, 2026 · 4:12 pm

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BOCA RATON, FL (Boca Post) (Copyright © 2026) — A Palm Beach County civil complaint filed March 17 alleges a Boca Raton buyer is seeking the return of more than $1.16 million in deposits tied to a condominium purchase at Tower 105 Residences, also marketed as The Residences at Mandarin Oriental, Boca Raton.

The case is Lisa Addeo v. Via Mizner Owner III, LLC and First American Title Insurance Company, Case No. 502026CA003063XXXAMB, filed in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County. The complaint lists Hinshaw & Culbertson LLP as counsel for Addeo. No defense law firm is identified in the body of the complaint.

According to the complaint, Addeo signed a purchase agreement on Jan. 20, 2022 for Unit GS-10 in the Boca Raton project, then signed a separate upgrade agreement on May 9, 2023. The filing says she placed a total of $1,168,744 into escrow with First American Title Insurance Company, including $1,140,000 under the original purchase agreement and $28,744 for upgrades.

The complaint says First American later disbursed $785,869.60 to the developer as construction funds and disbursed another $382,874.40 after the developer posted an escrow deposit surety bond issued by Federal Insurance Company. Addeo alleges First American is no longer holding any remaining portion of her deposit in escrow.

The filing states the purchase agreement set an estimated completion and delivery date of September 2022. It further alleges the contract required the unit to be completed and delivered within three years after that estimated completion date, making Sept. 30, 2025 the final deadline for closing. The complaint claims no closing took place by that date and alleges that, as of the filing, Unit GS-10 and the overall condominium project remained far from complete.

Addeo claims that on Jan. 30, 2026, she gave written notice of seller default, terminated the purchase agreement, and demanded return of her full deposit plus interest. The complaint alleges Via Mizner Owner III did not respond to that demand. It further claims the developer materially breached the agreement by failing to complete, deliver, and close on the unit by the contractual deadline and by refusing to return the deposit after written demand. Those are allegations made by the plaintiff and have not been proven in court.

The lawsuit brings three counts: breach of purchase agreement against Via Mizner Owner III, an alleged violation of Florida Statute 718.202 against the developer, and a count for declaratory relief against both Via Mizner Owner III and First American. In that third count, Addeo alleges a present dispute exists over whether she is entitled to terminate the contract and recover her deposit with interest, and whether First American, as escrow agent and bond obligee, is authorized or required to make a demand under the surety bond for the portion of the deposit previously released to the developer.

In the complaint, Addeo asks the court to award return of the $1,168,744 deposit, accrued or statutory interest, actual damages where applicable, attorney’s fees and costs, and declaratory relief regarding the parties’ rights and obligations under the purchase agreement, escrow agreement, surety bond, and Florida law. Those requests are also allegations and claims for relief by the plaintiff, not findings by the court.

The original complaint, Lisa Addeo v. Via Mizner Owner III, LLC and First American Title Insurance Company, Case No. 502026CA003063XXXAMB, as filed March 17, 2026, with the Palm Beach County Clerk of Court, can be viewed at the PBC Clerk of Court.

Palm Beach County court records show civil complaints filed throughout the year. Boca Post tracks those filings in our Boca Raton lawsuits coverage. Read more about breach-of-contract and other business disputes.

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