
ADD TO PAGE 4 after "c. Sales Contracts" "Sub-part v." "Interstate Land Sales Act".
c. Sales Contracts. Sales are not required for formation of a homeowners' association.
***
vi. Claims.
(1) There are no statutory warranties from the developer to the
parcel owner.
Compare §718.203 with Chapter 720, Fla. Stat.
(2) Common law duties generally can be limited by contract. Mercedes
Homes, Inc.
v. Colon, 966 So. 2d 10 (Fla. 5th DCA, Aug. 10, 2007). (Sole remedy
for
construction claims is through a contractual third party warranty limited
to
property damage arbitration issues.)
(3) Covenants not to sue may not be contrary to public policy.
Windstar Club, Inc. v.
WS Realty, Inc, 886 So 2d 986 (Fla. 2nd DCA, 2004). (Developer
agreement
cannot bar claims for fraudulent misrepresentation.)
vii. Resales. Developer may retain a reversionary
interest. Sandpiper Dev. and Constr.,
Inc. v. Rosemary Beach Land Co., 907 So.2d 684 (Fla. 1st DCA,
2005). (Right to
repurchase parcel if home not completed within six years of closing.)
vii. Disclosures. Statutory duty from developer to parcel
owner. §720.401.
(1) Restrictive
Covenants.
(2) Developer Amendment Rights.
(3) Assessments: Fees & Potential Special.
(4) Lien and Foreclosure Risk.
(5) Enforcement Provisions? Cancellation? Contract for sale is
voidable for three days
after delivery.
(I) Notice is to Seller, Seller's Agent or Representative.
(II) Right to Cancel Not Waivable.
(III) Right Terminates at Closing.
xi. Developer Misrepresentation creates a claim
for attorney's fees.
(1) Limitations. Five years, but one year from latter
of:
Closing.
Certificate Of Occupancy.
Completion Of Common Areas As Provided In Writing.
Completion Of Common Areas Required By
Law.