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Posts Tagged ‘condominium’

Is there a Silver Lining for Florida Condo Market?

August 31st, 2010

By Mark Schecter | 1 Comment »

Here’s a video from Condo Vultures on buying condo units in Florida for the price of a luxury car:

There is an old proverb that says: “Every cloud has a silver lining.” The same may be true when it comes to Florida’s condominium market.

For many years, we looked on as the market grew. While new communities were being developed on nearly every corner, the trend of converting apartments to single-family condo units also picked up steam.

There are several factors, including low interest rates and high demand that contributed to the phenomena we witnessed. But many of those same factors are responsible for the condition of the market today.

Despite the doom and gloom, there is a possible silver lining. The market’s oversupply benefits future condo buyers. There is a huge selection of units to choose from, so you are more likely to find what you are looking for. And, as the prices continue to fall daily, you are almost guaranteed a bargain.

If you are able to buy, now is a good time to secure that single condo unit (or invest in an entire community).

Do you have any silver linings you want to share? Add them in the comments section below.

Does your Florida Condominium Fall under the Exemption Rule?

July 27th, 2010

By Mark Schecter | 1 Comment »

Florida CondoDays ago, we discussed condominium deposit refunds – an issue that many Floridians face when trying to purchase condominiums.

As mentioned in the previous article, the Interstate Land Sales Full Disclosure Act (ILSFDA) was put in place to protect you from a number of issues related to property purchases. This includes:

1) False, misleading promises made by the developer to convince you to sign a purchase agreement;

2) Failure to complete construction of the condo within the time allowed by the contract; and

3) Fraudulent actions committed by the developer in violation of ILSFDA.

While a major purpose of ILSFDA is to protect buyers, there are also instances where the developer’s property is exempt from the regulations of ILSFDA.

The Florida courts have addressed the issue of exemption on numerous occasions – recently in Lewis and Lori Gold v. 200 East Partners, LLC.

In 2008, Lewis and Lori Gold signed an agreement to purchase a condominium unit in the 200 East Palmetto Park community.

The building was still under construction when the contract was signed and was set to contain 115 residential units.  The condominium project fell under the requirements of ILSFDA as interstate commerce and mail was used to advertise and sale the units.

The developer sought exemption for the first 99 units, and later built the remaining condominiums – which did not fall under the exemption rule.

According to the ILSFDA, if the property does not fall under the exemption rule, the developer must provide the buyer with a written property report prior to the signing of the purchase agreement.

In Golds, the court decided that because the developer did not perfect an exemption for the lot prior to execution of the contract, and failed to provide the Golds with a printed property report, it violated the ILSFDA. The Golds were able to get out of the contract to purchase and received a refund of their deposit.

Does your condominium fall under the exemption rule of ILSFDA?

Contact our real estate lawyers today. You can use this form to email or call us at (954) 779-7009.

Image credit: arnet117

Can you Demand a Refund of your Condominium Deposit?

July 21st, 2010

By Mark Schecter | 1 Comment »

South Florida condominiums, Hallandale Beach, FLFor years, Florida’s condominium market grew at a rapid pace. Developers constructed new communities on nearly every corner. Many old apartment buildings were gutted and converted into upscale condos and sold as single units.

Several factors contributed to the growth, including low interest rates and a high demand for Florida properties. This led many of you to enter contracts and pay deposits on condominium units that are still under construction.

Well, much has changed since that time.

Those once low interest rates have risen. The demand for condos has dropped and supply is through the roof. Several construction projects have stalled and you are left without your deposit.

Interstate Land Sales Full Disclosure Act (ILSFDA)

In Florida, it is not uncommon for you to wait three or more years between signing the purchase agreement and closing on a condominium.

The good news is the ILSFDA, passed by the Congress in 1968, was put in place to protect you from fraud, misleading promises, and long waiting periods between the contract signing and closing.

Under ILSFDA, the developer has the burden of full disclosure, and can face civil liability if he or she engages in fraudulent or misleading actions.

If you have signed a contract to purchase a condo, you may be entitled to a full refund of your deposit provided that the transaction is subject to the requirements of ILSFDA.

Next week, we will discuss the Florida courts’ opinions on the ILSFDA and condominium deposit recovery. Subscribe to our feed to be notified when the new articles are published.