Recent Case: ILSA Exemption

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In Pohlman v. Aqua Condominium Developers, 44 So.3d 645 (Fla. 1st DCA 2010) which followed Aikin v. WCI Communities, 26 So. 3d 691 (Fla. 2d DCA 2010), but conflicted with Plaza Court v. Baker-Chaput, 17 So. 3d 720 (Fla. 5th DCA 2009), the Court affirmed the dismissal of the contract purchasers’ action seeking rescission based on the developer’s failure to comply with the ILSA exemption regarding the seller’s obligation to complete construction within 2 years where such obligation is excused under applicable Florida contract law.  A contract provisions allowing for additional time in the event of construction delays did not make the obligation to complete construction in two years illusory.

Trenton H. Cotney
Florida Bar Certified in Construction Law
Glenn Rasmussen Fogarty & Hooker, P.A.
100 S. Ashley Dr., Suite 1300
Tampa, FL 33602
(813) 229-3333
http://www.glennrasmussen.com

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