CopyCited 37 times | Published | Court of Appeals for the Eleventh Circuit | 2007 U.S. App. LEXIS 6291, 2007 WL 789435
...c. v.
5
Office of the Att’y Gen.,
761 So. 2d 1256, 1263 (Fla. Dist. Ct. App. 2000).
Zlotnick claims that the defendants schemed to circumvent the statutory
requirements in Fla. Stat. Ann. §
718.502(2)(c) governing condominium
reservation agreements by canceling the reservation agreements and then offering
the same units at a higher price. See Fla. Stat. Ann. §
718.502(2)(c) (listing terms
that must be included in reservation agreements)....
...the reservation agreement will be the price in
the contract for purchase and sale or that the price represented may be exceeded
within a stated amount . . . or that no assurance is given as to the price in the
contract for purchase or sale.” Fla. Stat. Ann. § 718.502(2)(c)(4).2 Here, the
1
We review de novo a district court’s dismissal pursuant to Fed....
...12(b)(6),
accepting as true all facts set forth in the plaintiff’s complaint. Thaeter v. Palm Beach County
Sheriff’s Office,
449 F.3d 1342, 1352 (11th Cir. 2006).
2
There is no dispute that the reservation agreement here satisfied the other requirements
of §
718.502(2)(c), which states that such agreements must also include: (1) a statement that the
developer must file condominium documents with the Division of Florida Land Sales,
Condominiums and Mobile Homes prior to entering a binding purchasing ag...
...6
reservation agreement states, “[s]eller assures that the foregoing purchase price
will be the purchase price in the contract for the sale and purchase of the Unit
. . . .” This statement almost mirrors the language of Fla. Stat. Ann. §
718.502(2)(c)(4)....
...In his reply brief, Zlotnick concedes that the reservation
agreements are valid.
However, Zlotnick argues that although the reservation agreements may
have been facially valid, the defendants’ scheme flouted the intent of Fla. Stat.
Ann. § 718.502(2)(c)(4) by canceling the reservation agreements in order to
increase prices above the price established in those initial agreements....
...The reservation agreement
stated that it “is not an agreement to sell the Unit, nor does it confer any lien upon
documents; (3) the name and address of the escrow agent; and (4) a statement that the deposit
must be payable to the escrow agent, who must provide a receipt to the prospective purchaser.
Fla. Stat. Ann. § 718.502(2)(c).
7
or interest in the Unit or on the proposed Condominium property.” Furthermore,
Florida courts treat reservation agreements as mere “agreements to agree,” not as
binding purchase contracts....
...which expressly grants the seller the option to cancel “[b]efore both Purchaser and Seller sign
and deliver the Contract.” Moreover, Florida law recognizes the right of both prospective
purchasers and developers to cancel reservation agreements. See Fla. Stat. Ann. § 718.502(2)(a)
(requiring that reservation agreements notify prospective purchasers of their right to a refund of
the reservation deposit “upon written request to the escrow agent by the prospective purchaser or
the developer” (emphasis added))...
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Such structures could then be built anywhere and without any County control over the manner and quality of construction, let alone over occupancy, parking and density. The Court finds no conflict with the statute. "Plaintiffs contend the ordinance conflicts with the filing requirements of § 718.502(1), Fla. Stat., and with § 718.502(4) which obviates the need for duplicate filing with the state. The Plaintiffs' contention that the same information is required to be filed with the Building and Zoning Director is erroneous. Further, § 718.502(4), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 2071
...than an option to sell. Chapter 718, Florida Statutes (1981), the applicable statute here, makes numerous references to "contracts" for sale, or agreements for purchase and sale. Section
718.202 refers to "contracts" for sale prior to construction. Section
718.502 requires a developer of a residential condominium to file with the division (Division of Florida Land Sales and Condominiums) one copy of each of the documents required to be furnished to a buyer under section
718.503, and provides th...
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida
...n violation of Florida Condominium Act §
718.202. • Count VIII — Mona Lisa failed to file with the Division of Florida Land Sales, Condominiums, and Mobile Homes all the required documents and amendments, in violation of Florida Condominium Act §
718.502....
...te or account for their deposits after they signed purchase contracts as required by §
718.202 of the Florida Statutes. 172 The Court need not determine, however, exactly which plaintiffs’ deposits were wrongly held because under §
718.202(3) or §
718.502, discussed next, all plaintiffs are entitled to return of their deposits....
...Mona Lisa Failed to Submit the Updated Purchase Contracts for Division Approval (Count VIII) Part V of the Florida Condominium Act titled “Regulation and Disclosure *629 Prior to Sale of Residential Condominiums” governs a developer’s obligations pri-- or to selling residential condominiums. Section
718.502(l)(a) of the Act requires a developer of a residential condominium to file with the Division one copy of each document required by §§
718.503 and
718.504, including the purchase and sale agreement, and, until a developer has filed t...
...his provision because the units in the project were not “residential condominiums” governed by §
718.103(28) but instead, the project was a “commercial hotel” with a primarily commercial use. 214 Alternatively, Mona Lisa argues that even if §
718.502 applies, Mona Lisa complied because it obtained Division approval of the original form contract and the revision of the contract actually increased plaintiffs’ rights by including a firm 2-year completion deadline and was not otherwise inconsistent with Chapter 718....
...The disclosure requirements of Chapter 718 are *631 those required to be given to prospective purchasers so that they can make informed decisions about whether to purchase a pre-construction condominium unit from a developer. Conversely, a developer’s requirements under §§
718.502,
718.503 and
718.504 to submit purchase agreements, condominium declarations, bylaws, association agreements, operating statements, and other important condominium documents to the Division for approval provides a different and added prote...
...XII, and XIII. In Count XI, plaintiffs have alleged per se violations of FDUTPA based on the alleged violations of ILSFDA (Counts I-IV), § 77e of the 1933 Securities Act (Count V), Fla. Stat. § 517 (Count VI), Fla. Stats. §§
718.202 (Count VII),
718.502(Count VIII) 718.503 (Count IX),
718.506 (Count X)....
...Plaintiffs who signed the Updated Purchase Agreement clearly were aware of the terms in the agreement insofar as they signed the contract. Plaintiffs do not explain how Mona Lisa’s failure to submit the amended agreement to the Division was deceptive, how they were harmed, or what damages they incurred. This violation of § 718.502 was merely technical. Therefore, no per se violation exists for which plaintiffs can bring a FDUTPA claim under § 718.502....
...Virtual Imaging Services, Inc.,
2011 WL 5964369, *5 (Fla.App.3d Dist.2011). . Fla. Stat. §
718.202 (l)(a) reads "If a buyer properly terminates the contract pursuant to its terms or pursuant to this chapter, the funds shall be paid to the buyer together with any interest earned.” . Fla. Stat. §
718.502 (Z)(a)....
...In re Mona Lisa at Celebration,
436 B.R. 179, 208 (Bankr.M.D.Fla.2010). . See infra, Counts V-VI. . Mona Lisa also argues that even if the Court finds the units to be residential, this section of the Act still does not apply because an administrative rule interpreting §
718.502 provides an exception....
...Therefore, whether or not the change was material is irrelevant. This administrative rule sets forth the procedures a developer must follow if it alters documents required to be filed with the Division. See Garcia v. Swire,
2010 WL 1524230 at *4 (S.D.Fla. April 14, 2010). . Fla. Stat. §
718.502 (l)(a)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1988 WL 6433
...For example, until the non-developer unit owners control the association, the association may not institute, maintain, settle or appeal actions in its name on its behalf. See section
718.111(3), Florida Statutes. [3] *162 Further, we agree with the Division that the Legislature's qualification of the term "developer," in section
718.502(1), Florida Statutes, with respect to filing documents with the Division, does not require, as appellants suggest, that the qualifier apply to all other provisions regarding developer in the statute. Had the legislature wanted to qualify developers by lease duration in section
718.301 Florida Statutes, it could have easily inserted the same terms it used in section
718.502(1)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 1459
...Section
718.103(13), Florida Statutes, provides in relevant part: "Developer" means a person who creates a condominium or offers condominium parcels for sale or lease in the ordinary course of business, but does not include an owner or lessee ... who has acquired his unit for his own occupancy... . (emphasis supplied) Section
718.502(1), Florida Statutes, requires a developer to file certain documents required to be furnished to a buyer or lessee by §§
718.503 and
718.504 (contract forms and a prospectus or offering circular), " if applicable. " Section
718.502(2) provides that "prior to filing ......
...or rule. The Division took the position that by virtue of entering into contracts for sale and purchase and executing deeds to two purchasers appellant savings and loan association became a "second developer" and was required to make a filing under
718.502(1) of the documents required by
718.503 and 504 and that because appellant did not make that filing before it executed the two contracts and two deeds appellant violated the statute and rules requiring a filing and was subject to a civil penalty....
...Where the record is silent, as it is in this case, as to whether the lender made a gain or profit, or merely recouped its security, we think a mortgagee holding deeds in lieu of security, should be similarly treated. Even if the loan association could be considered a "developer," it is not one who is required to file under section 718.502(1), Florida Statutes, before offering to sell those units....
...ract documents and the prospectus or filing circular described in §§
718.503 and
718.504. The position of the Division that all persons who fit the definition of "developer" contained in
718.103(13), Florida Statutes, must in every case file under
718.502, Florida Statutes, cannot be sustained....
...o developed this condominium project nor that the association in this case offered units for sale in the ordinary course of the business of creating and selling condominium units. Therefore we hold the loan association was not required to file under section 718.502(1), Florida Statutes....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 11266, 2010 WL 3023370
...All of the relevant documents referred to Coastal only as the "escrow agent," and not as the "closing agent" or "title agent." For example, the Reservation Agreement specifically identifies Coastal as the "escrow agent," and provides that the reservation deposits are being held by Coastal under section 718.502(2)(c), Florida Statutes, part of the Condominium Act....
CopyPublished | District Court of Appeal of Florida
ON MOTION FOR REHEARING PER CURIAM. Appellant seeks review of an administrative order which assesses a civil penalty in the amount of $7,500 for violation of laws regulating the sale of condominiums. A developer of a condominium violates Section
718.502, Florida Statutes (1983), 1 where it fails to file with the Division of Florida Land Sales and Condominiums, documents required to be furnished to buyer or lessee by Section
718.503 (disclosure) and Section
718.504 (prospectus or offering circular) prior to an offering. For a violation of the statute, the Division may assess a penalty not to exceed $5,000 pursuant to Section
718.501(l)(d)4. 2 Separate offenses are committed under Section
718.502, Florida Statutes (1983) as to each offer of a contract for the purchase of a unit....
...A contrary interpretation would allow a developer to escape the full impact of the statute by simply adding $5,000, the maximum penalty allowed for a single offense under Section
718.501, to his operating expenses. This was certainly not the intention of the legislature when it enacted Section
718.502....
..., and the appellant clearly offered a number of contracts for the purchase of units, the $7,500 penalty imposed here is not subject to modification as being excessive. See Florida Real Estate Commission v. Webb,
367 So.2d 201 (Fla.1978). Affirmed. . Section
718.502, Florida Statutes (1983) provides in pertinent part:
718.502 Filing prior to sale or lease.— (1) A developer of a residential condominium shall file with the division one copy of each of the documents and items required to be furnished to a buyer or lessee by ss....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2303, 1984 Fla. App. LEXIS 15704
...er in fact received the documents. Rustbrook’s second point on appeal is that the contracts were not voidable for the second reason given by the trial court — that Rustbrook entered into a contract before filing the prospectus with the Division. Section 718.502(1), Florida Statutes (1981), requires a developer to file' certain documents, including a prospectus, and states that “[ujntil the developer has so filed, a contract for sale ......
...it.” While it may be argued, as Sauermann does, that section
718.504 indicates that any contract entered into before the filing of the prospectus is and remains unenforceable, we do not believe that any such indication can overcome the language of section
718.502(1) which we construe as saying that the contract is unenforceable only until the required documents are filed....
