The Short And Tricky Statute Of Limitations Framework For Claims Under ILSA

The federal Interstate Land Sales Full Disclosure Act ("ILSA") can fairly be described as a possible "land mine" for condominium developers, owing to the statute's poorly understood exemption provisions which can be and are subject to competing judicial interpretations. The ILSA exemption morass has been at least partly responsible for the large number of lawsuits which have been filed in recent months in Florida courts by buyers alleging claims under the statute in an effort to recover deposits paid under condo purchase agreements. However, ILSA is not just potentially treacherous from the developer's point of view. Indeed, the statute poses some significant perils for buyers who may have viable claims, and these pitfalls stem from ILSA's unusually short statute of limitations. In judicial parlance, a statute of limitations can sound a "death knell" to the claims of an unwitting plaintiff. See, e.g., Helton v. Clements, 832 F.2d 332, 336 (5th Cir. 1987).
Thu, 17 Jan 2008 13:11:58 -0600

Realtors - Why Your Client Needs A Real Estate Attorney

Legal representation is essential in most real estate transactions. Realtors should advise their clients that they require legal counsel in order to avoid problems that may arise and jeopardize closing the transaction.
Thu, 17 Jan 2008 16:02:39 -0600

Preparing To Evict A Tenant

In California the statutes are very strictly enforced when it comes to evicting a tenant. All the "t"s have to be crossed and all the "i" s have to be dotted. Any error can cost the landlord, because it could be sufficient for a judge to throw the case out.
Tue, 22 Jan 2008 14:16:07 -0600

Settlement: Compound License

Palatin Technologies pays Competitive Technologies $800,000 agreement dispute settlement. Wed, 23 Jan 2008 10:39:01 -0800

Settlement: Software Licenses

Whittiker Legal Publishing pays SIIA $500,000 copyright infringement settlement. Mon, 21 Jan 2008 10:37:59 -0800