Condominiums and Statute of Limitations

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Xavier and Perez v. Leview Boymegreen Marquis Developers, LLC, 37 Fla. L. Weekly D2668a, Case No. 3D11-549, opinion filed on November 21, 2012. Buyers' suit for return of deposit paid to purchase condominium unit was dismissed with prejudice by trial court by reason of the complaint reflecting that the four (4) year statute of limitations had run. In reversing and remanding, the appellate court held that the statute of limitations defense cannot be conclusively established as a matter of fact from the face of the complaint. Under the facts of this case, the developer allegedly made an oral representation until contact execution that the condominium until described the in the sales agreement could be swapped with one having a different view, but attempted to enforce the sale and purchase of the original unit. (from RPPTL Subcommittee).
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

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