Legal Opinion

Pohlman v. Aqua Condominium Developers, Ltd.

District Court of Appeal of Florida

Decided September 22, 2010No. 1D09-5621Published

1Opinion of the CourtWolf, J.

Appellants seek review of the trial court’s grant of appellee’s motion for summary judgment dismissing appellants’ rescission of contract claims. Appellants attempted to rescind a pre-development condominium sales contract alleging the contract violated the Interstate Land Sales Act (ILSA). The trial court determined the contract was exempt from the ILSA because the seller was obligated to complete its obligations under the contract within two years. We agree and align our court with the well-reasoned opinion in Aikin v. WCI Communities, 26 So.3d 691 (Fla. 2d DCA 2010), and declare express…

2Cases cited9 opinions

  1. Samara Development Corp. v. MarlowSupreme Court of Florida · 1990
  2. Stein v. Paradigm Mirasol, LLCCourt of Appeals for the Eleventh Circuit · 2009
  3. Hardwick Properties, Inc. v. NewbernDistrict Court of Appeal of Florida · 1998
  4. Harvey v. Lake Buena Vista Resort, LLCDistrict Court, M.D. Florida · 2008
  5. Jankus v. Edge Investors, L.P.District Court, S.D. Florida · 2009

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