The short-and Tricky statute of limitations for claims under ILSA Framework

The federal government Interstate Land Sales Full Disclosure Act (ILSA) can easily be ranked as a potential "mine" for condominium developers are described, poorly understood because of the Statutes, the exceptions and judicial interpretations may be subject to competition. Exemption ILSA swamp, at least partially responsible for the large number of lawsuits filed in recent months in Florida courts buyer submits claims under the law in an effort toRecover deposits from condo sales contracts paid.

However, ILSA is not just potentially treacherous from the perspective of the developer to see. In fact, the law of some significant risks for buyers that may have a viable claim that, and these dangers arise from unusually short ILSA law of limitations. In judicial parlance, a statute of limitations a "death blow" sound to the claims of an unwitting plaintiff. See, eg, Helton v. Clements, 832 F.2d 332, 336 (5th Cir.1987).

Most if not all claims are ILSA with respect to a written contract for the purchase and sale of real estate. Under Florida law, the statute of limitations for an action on an obligation under a contract for five years. See section 95.11 (2) (b), Florida Statutes. And claims settled within the framework of the State of Florida Condo Law is a four-year statute of limitations. See section 95.11 (3) (f), Florida Statutes. But, for claims arising under theILSA law itself (and which) are not only for breach of obligations under the purchase agreement ILSA sets forth a shorter period as follows:

- 15 USC § 1703 (b): "A contract or an agreement for the sale or lease of a lot not exempt under § 1702 of this title may be revoked until midnight of the seventh day at the request of the buyer or tenant in the aftermath of the signing of such a contract or agreement or until such later date as required underapplicable state laws, and such contracts or agreements must be clearly defined, that right. "(Emphasis added).

- 15 USC § 1703 (c): "In the case of a contract or an agreement for the sale or lease of a lot of that is a feature report by this chapter and the property does not require reporting to the purchaser or tenant has been given in advance of its signing such treaties or agreements such as contracts or agreements may be revoked within two at the request of the buyer or lesseeYears from the date of signature, and such contracts or agreements must be clearly defined, that right. "(Emphasis added).

And filed in relation to actions to enforce rights under ILSA, the law provides a three-year statute of limitations - either from the date of signing the contract, or from the date of discovery of the ILSA was injury, whichever directly under ILSA will be invoked . See 15 USC § 1711th

ILSA prescriptionContext is confusing not only on the short side, but at first glance. In particular, the two-year window under revocation 1703 (c) would seem to conflict with the three-year time limit for bringing a claim made after 1711 on. The confusion stems from the fact that in its original form, provided that ILSA upon two years (not the present three-year) statute of limitations for lawsuits. A Florida court has so far gone, the seemingly contradictory provisions of label "a bad fit." Ni v. Deltona Corp., 701 So. 2d 888, 889 No. 3 (Florida 5th DCA 1997). To this day I have not seen an opinion that adequately reconciles those provisions of the ILSA.

Apart from the confusion associated ILSA could Florida condo buyer, under the impression that all rights they have by their purchase agreements, rules of limitation periods longer than three years long. That may state contract law claims (five years) as well as claims under the> Florida Condo Law (four years), but specifically to claims under ILSA, which is certainly shorter limitation period and the buyer should make sure any rights they may have engaged and want to do without.

By Jared H. Beck, Esq.

This article does not constitute legal advice or the formation of a client relationship and is not for re-publication without the express permission of the author.

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