beckandlee.wordpress.com - The federal Interstate Land Sales Full Disclosure Act ("ILSA") can fairly be described as a possible "land mine" for condominium developers, owing to the statute's poorly understood exemption provisions which can be and are subject to competing judicial interpretations. The ILSA exemption morass has been at least partly responsible for the large number of lawsuits which have been filed in recent months in Florida courts by buyers alleging claims under the statute in an effort to recover deposits paid under condo purchase agreements. However, ILSA is not just potentially treacherous from the developer's point of view. Indeed, the statute poses some significant perils for buyers who may have viable claims, and these pitfalls stem from ILSA's unusually short statute of limitations. In judicial parlance, a statute of limitations can sound a "death knell" to the claims of an unwitting plaintiff. See, e.g., Helton v. Clements, 832 F.2d 332, 336 (5th Cir. 1987). readmore..
Mr. Beck has a law degree from Harvard Law School, and practices law in the courts of South Florida. He is the co-managing partner of Beck & Lee Business Trial Lawyers, a business and real estate litigation law firm located in Miami. A significant portion of Mr. Beck's practice is devoted to issues arising under condominium purchase agreements, and he maintains a blog at http://beckandlee.wordpress.com focusing upon Florida legal issues, including issues involving Florida condo purchase agreements. He can be reached at 305-789-0072 or jared@beckandlee.com
สมัครสมาชิก:
ส่งความคิดเห็น (Atom)
ไม่มีความคิดเห็น:
แสดงความคิดเห็น