Summary
In Berzon v. Oriole Homes Corp., 497 So.2d 670 (Fla. 4th DCA 1986), the Fourth District Court, relying on Dorchester, held that a developer was not exempt from the provisions of the Interstate Land Sales Full Disclosure Act where the agreement specified that construction would be completed within two years but limited the damages available upon a breach of the agreement to a return of the deposit or specific performance.
Summary of this case from Samara Development Corp. v. MarlowOpinion
No. 85-785.
October 15, 1986. Rehearing Denied December 8, 1986.
Appeal from the Circuit Court, Broward County, Gene Fischer, J.
Jeffrey H. Rosenthal of Resnick Rosenthal, P.A., Miami, for appellant.
G. Michael Keenan of Ruden, Barnett, McClosky, Schuster Russell, P.A., Fort Lauderdale, for appellee.
We reverse and remand on the authority of Appalachian, Inc. v. Olson, 468 So.2d 266 (Fla. 2d DCA), rev. denied, 482 So.2d 347 (Fla. 1985); and Dorchester Development, Inc. v. Burk, 439 So.2d 1032 (Fla. 3d DCA 1983). We agree with the reasoning of these cases which hold that the Interstate Land Sales Full Disclosure Act does apply to condominium sales, and that a developer may not claim an exemption under the act when damages for violation of a two (2) year construction provision are limited to the return of deposit or specific performance.
ANSTEAD, WALDEN and GUNTHER, JJ., concur.