The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.506

718.506 Publication of false and misleading information.—

(1) Any person who, in reasonable reliance upon any material statement or information that is false or misleading and published by or under authority from the developer in advertising and promotional materials, including, but not limited to, a prospectus, the items required as exhibits to a prospectus, brochures, and newspaper advertising, pays anything of value toward the purchase of a condominium parcel located in this state shall have a cause of action to rescind the contract or collect damages from the developer for his or her loss prior to the closing of the transaction. After the closing of the transaction, the purchaser shall have a cause of action against the developer for damages under this section from the time of closing until 1 year after the date upon which the last of the events described in paragraphs (a) through (d) shall occur:

(a) The closing of the transaction;

(b) The first issuance by the applicable governmental authority of a certificate of occupancy or other evidence of sufficient completion of construction of the building containing the unit to allow lawful occupancy of the unit. In counties or municipalities in which certificates of occupancy or other evidences of completion sufficient to allow lawful occupancy are not customarily issued, for the purpose of this section, evidence of lawful occupancy shall be deemed to be given or issued upon the date that such lawful occupancy of the unit may first be allowed under prevailing applicable laws, ordinances, or statutes;

(c) The completion by the developer of the common elements and such recreational facilities, whether or not the same are common elements, which the developer is obligated to complete or provide under the terms of the written contract or written agreement for purchase or lease of the unit; or

(d) In the event there shall not be a written contract or agreement for sale or lease of the unit, then the completion by the developer of the common elements and such recreational facilities, whether or not the same are common elements, which the developer would be obligated to complete under any rule of law applicable to the developer’s obligation.

Under no circumstances shall a cause of action created or recognized under this section survive for a period of more than 5 years after the closing of the transaction.

(2) In any action for relief under this section or under s. 718.503, the prevailing party shall be entitled to recover reasonable attorney’s fees.

History.—s. 1, ch. 76-222; s. 872, ch. 97-102.

F.S. 718.506 on Google Scholar

F.S. 718.506 on Casetext

Amendments to 718.506

Arrestable Offenses / Crimes under Fla. Stat. 718.506

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.506.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ALTENEL, INC. v. MILLENNIUM PARTNERS, L. L. C., 947 F. Supp. 2d 1357 (S.D. Fla. 2013)

. . . . § 718.506. . . .

In MONA LISA AT CELEBRATION, LLC, v. LLC, v. LLC, v. LLC, v. LLC,, 472 B.R. 582 (Bankr. M.D. Fla. 2012)

. . . Stat. § 718.506. . . . Stat. § 718.506. . . . Stat. §§ 718.202, 718.503, 718.504, and 718.506. . . . Stats. §§ 718.503, 718.506. . . . Stat. § 718.506); Count VII: Florida Deceptive and Unfair Trade Practices Act (Fla. . . .

KAUFMAN, d b a v. SWIRE PACIFIC HOLDINGS, INC. a, 836 F. Supp. 2d 1320 (S.D. Fla. 2011)

. . . damages under Chapter 501 of the Florida Statutes; (c) rescind the Agreements under Florida Statutes §§ 718.506 . . .

D. GENTRY, J. R. Jr. v. HARBORAGE COTTAGES- STUART, LLLP, a LLC, a D. J. R. Jr. v. LLLP, a LLC, a, 654 F.3d 1247 (11th Cir. 2011)

. . . . § 718.506 by publishing false and misleading information in the Site Plan. . . . Stat. § 718.506 by publishing false and misleading information in the Site Plan. . . . Stat. § 718.506(1). The district court found that Harborage violated Fla. . . . . § 718.506 by publishing false and misleading information in the Site Plan. . . . Stat. § 718.506. We vacate the judgment in favor of the Stones on the_§ 718.506 claim. . . .

LAW- YUE, v. MIAMI RIVER, L. L. C., 50 So. 3d 620 (Fla. Dist. Ct. App. 2010)

. . . The statute provides protection for condominium purchasers as follows: 718.506 Publication of false and . . . or collect damages from the developer for his or her loss prior to the closing of the transaction. § 718.506 . . . MIAMI RIVER, LLC for its losses prior to the closing of the transaction, pursuant to Florida Statutes § 718.506 . . . Section 718.506 is a remedial statute. . . . allegations, for present purposes it must be assumed that the elements of a cause of action under section 718.506 . . .

In MONA LISA AT CELEBRATION, LLC, v. LLC, v. LLC,, 436 B.R. 179 (Bankr. M.D. Fla. 2010)

. . . . § 718.506); • Count VII: Florida Unfair Trade Practices Act (Fla.Stat. § 501.201 et seq.); • Count . . . Stat. § 718.506. . . . . § 718.506. . . . MONA LISA MADE NO MATERIAL MISREPRESENTATION IN VIOLATION OF FLORIDA STATUTE § 718.506 (COUNT VI). . . . Although neither the statute nor Florida case law under § 718.506 provide any guidance on the issue of . . .

DEGIRMENCI, v. SAPPHIRE- FORT LAUDERDALE, LLLP, a GP, LLC a, 693 F. Supp. 2d 1325 (S.D. Fla. 2010)

. . . because of Developer’s false and misleading statements violated her rights under Florida Statutes § 718.506 . . . Plaintiff is also seeking attorneys’ fees and costs pursuant to Florida Statutes § 718.506(2). . . . Stat. § 718.506, as alleged in Counts I through V. . . .

KAUFMAN, d b a v. SWIRE PACIFIC HOLDINGS, INC. a, 675 F. Supp. 2d 1148 (S.D. Fla. 2009)

. . . Stat. 718.506, a party must establish (1) a false or misleading statement; (2) the statement is published . . . Stat. § 718.506. . . .

AHERN v. FIDELITY NATIONAL TITLE INSURANCE COMPANY, LLC, N. A. MAS Co., 664 F. Supp. 2d 1224 (M.D. Fla. 2009)

. . . . §§ 718.503 and 718.506, fraud, breach of contract, negligence, defective title, breach of fiduciary . . . Stat. § 718.506, which provides, in pertinent part: Any person who, in reasonable reliance upon any material . . . Stat. § 718.506(1). . . . ), Defendants contend that Plaintiffs’ failure to include the word “reasonable,” as used in Section 718.506 . . .

In MONA LISA AT CELEBRATION, LLC, v. LLC, v. LLC, v. LLC,, 410 B.R. 710 (Bankr. M.D. Fla. 2009)

. . . . § 718.506); • Count VII: Florida Unfair Trade Practices Act (Fla. . . .

D. GENTRY, v. HARBORAGE COTTAGES- STUART, LLLP,, 602 F. Supp. 2d 1239 (S.D. Fla. 2009)

. . . .; (2) publication of false and misleading information under § 718.506, Florida Statutes; (3) violation . . . Publication of False and Misleading Information Plaintiffs also contend that Defendants violated § 718.506 . . . also state that “Nothing herein shall be deemed to deny or abridge the rights granted under Section 718.506 . . . Therefore, Harborage violated § 718.506 by publishing false and misleading information that was used . . . For the reasons stated in Section 111(B)(2) of this Order, Northside has not violated § 718.506. D. . . .

GARCIA, Jr. v. SANTA MARIA RESORT, INC. d b a, 528 F. Supp. 2d 1283 (S.D. Fla. 2007)

. . . . § 718.506(1) (“Any person who, in reasonable reliance upon any material statement or information that . . .

LENNAR HOMES, INC. v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES,, 888 So. 2d 50 (Fla. Dist. Ct. App. 2004)

. . . provision in a condominium purchase and sale agreement is prohibited by sections 718.111(3), 718.303 and 718.506 . . . declaratory statement seeking the opinion of the Division as to whether §§ 718.111(3), 718.303, and 718.506 . . . Generally, sections 718.111(3), 718.303 and 718.506 grant a condominium purchaser causes of action for . . . Further, sections 718.303(1) and 718.506(2) provide that the prevailing party in such actions is entitled . . . the developer’s petition asking for an interpretation ■ of whether sections 718.111(3), 718.303, and 718.506 . . . arbitration provisions because these provisions are inconsistent with sections 718.111(3), 718.303 and 718.506 . . . Section 718.506, precluding the developer from publishing false and misleading information, provides . . .

TAYLOR, v. E. F. HUTTON COMPANY, INC., 40 Fla. Supp. 2d 144 (Fla. Cir. Ct. 1990)

. . . Stat. (1987) and the Condominium Statute § 718.506(2) Fla. Stat. (1987). 5. . . .

ZAREMBA FLORIDA COMPANY, v. KLINGER,, 550 So. 2d 1131 (Fla. Dist. Ct. App. 1989)

. . . court further granted the plaintiff unit owners’ motion for appellate attorney’s fees under Section 718.506 . . .

J. DEEN, G. D. J. v. ZAREMBA FLORIDA CO. d b a, 497 So. 2d 1296 (Fla. Dist. Ct. App. 1986)

. . . We affirm the final judgment of the trial court which ordered, pursuant to section 718.506, Florida Statutes . . . because the statutory remedy granted provides for an award of attorney’s fees to the prevailing party, § 718.506 . . . reverse that portion of the final judgment denying plaintiffs’ claim for attorney’s fees under section 718.506 . . .

J. CHENERY, H. R. F. v. R. CRANS,, 497 So. 2d 267 (Fla. Dist. Ct. App. 1986)

. . . Count II sought damages under section 718.506, Florida Statutes (1983), relating to publication of false . . . In the present case, there is no question that appellants’ claim for damages under section 718.506 is . . .

KLINGER, L. H. v. ZAREMBA FLORIDA COMPANY, a, 502 So. 2d 1252 (Fla. Dist. Ct. App. 1986)

. . . They also sought to rescind their contracts pursuant to the provisions of section 718.506, Florida Statutes . . . state a cause of action under section 711.24(3), Florida Statutes (1973), the predecessor of section 718.506 . . . They also sought to rescind pursuant to the provisions of Section 718.506, Florida Statutes (1979). . . .

M. BRUCE, v. C. O NEILL O M. BRUCE, v. C. O NEILL, O, 445 So. 2d 379 (Fla. Dist. Ct. App. 1984)

. . . The complaint was later amended to add a further count for statutory rescission pursuant to Section 718.506 . . .