Comments on: Turning Condo Cancellation Cases Into Divorces: More Thoughts On The Legal Definition Of “Material And Adverse” As A Florida Appellate Court Ponders The Condo Contract Case That Everyone Is Watching http://beckandlee.wordpress.com/2008/05/06/turning-condo-cancellation-cases-into-divorces-more-thoughts-on-the-legal-definition-of-material-and-adverse-as-a-florida-appellate-court-ponders-the-condo-contract-case-that-everyone-is-watching/ Miami Attorney Jared H. Beck Is A Harvard Law School Graduate And Practices Real Estate And Business Litigation In Florida Courts. His Blog Focuses On The Latest Developments In Florida Commercial, Real Estate, And Condominium Law. Mr. Beck Can Be Reached At jared@beckandlee.com Or By Phone At 305-789-0072. Sat, 19 Jul 2008 22:58:50 +0000 http://wordpress.org/?v=MU By: Jonathan Ewing http://beckandlee.wordpress.com/2008/05/06/turning-condo-cancellation-cases-into-divorces-more-thoughts-on-the-legal-definition-of-material-and-adverse-as-a-florida-appellate-court-ponders-the-condo-contract-case-that-everyone-is-watching/#comment-1219 Jonathan Ewing Wed, 11 Jun 2008 16:10:02 +0000 http://beckandlee.wordpress.com/?p=102#comment-1219 Hey Jared, check out the decision today in D&T Prop. v. Marina Grand Assoc. No.4D07-2931 (Not yet published). Though it was an unfortunate decision, it resolves this issue in part for the 4th DCA. With regard to materiality, the court evolved the following objective test, "[U]nder section 718.503(1)(a) - would a reasonable buyer under the purchase agreeement find the change to be so significant that it would alter the buyer's decision to enter into the contract?" Hey Jared, check out the decision today in D&T Prop. v. Marina Grand Assoc. No.4D07-2931 (Not yet published). Though it was an unfortunate decision, it resolves this issue in part for the 4th DCA. With regard to materiality, the court evolved the following objective test, “[U]nder section 718.503(1)(a) - would a reasonable buyer under the purchase agreeement find the change to be so significant that it would alter the buyer’s decision to enter into the contract?”

]]> By: Panhandle Attorney http://beckandlee.wordpress.com/2008/05/06/turning-condo-cancellation-cases-into-divorces-more-thoughts-on-the-legal-definition-of-material-and-adverse-as-a-florida-appellate-court-ponders-the-condo-contract-case-that-everyone-is-watching/#comment-1167 Panhandle Attorney Mon, 12 May 2008 14:24:57 +0000 http://beckandlee.wordpress.com/?p=102#comment-1167 I stumbled onto your site recently and have found your articles insightful and a great launching pad on various issues that litigation attorneys are facing here in Florida. I have a case that will very likely live or die on what the Court in the Marina Grand case says or does. Whether or not I can wait or should wait on their ruling is a diffrent matter. Thanks for the updates and I will be checking back soon. I stumbled onto your site recently and have found your articles insightful and a great launching pad on various issues that litigation attorneys are facing here in Florida. I have a case that will very likely live or die on what the Court in the Marina Grand case says or does. Whether or not I can wait or should wait on their ruling is a diffrent matter. Thanks for the updates and I will be checking back soon.

]]> By: Interested Observer http://beckandlee.wordpress.com/2008/05/06/turning-condo-cancellation-cases-into-divorces-more-thoughts-on-the-legal-definition-of-material-and-adverse-as-a-florida-appellate-court-ponders-the-condo-contract-case-that-everyone-is-watching/#comment-1165 Interested Observer Sat, 10 May 2008 00:47:39 +0000 http://beckandlee.wordpress.com/?p=102#comment-1165 Outstanding. The one thing which almost everyone fails to mention in the D&T Properties vs Marina Grand case is that the 'material and adverse' argument is not the sole basis for the claim. Defendant's altered the communications amenities in an amendment(internet, security, cable, etc.) and in return collected "door fees" and an interest in the recurring monthly cable fees. This was a significant change. Marina Grande would like everyone, including the courts, to believe that the condo fee increases were solely the result of increased insurance rates and electric rates. Nothing could be further from the truth! The Defendants attorneys have done a deplorable job, at least from an outsiders standpoint, in clarifying this point with the courts, the press and the public. Outstanding. The one thing which almost everyone fails to mention in the D&T Properties vs Marina Grand case is that the ‘material and adverse’ argument is not the sole basis for the claim. Defendant’s altered the communications amenities in an amendment(internet, security, cable, etc.) and in return collected “door fees” and an interest in the recurring monthly cable fees. This was a significant change. Marina Grande would like everyone, including the courts, to believe that the condo fee increases were solely the result of increased insurance rates and electric rates.

Nothing could be further from the truth! The Defendants attorneys have done a deplorable job, at least from an outsiders standpoint, in clarifying this point with the courts, the press and the public.

]]> By: South Florida Lawyers http://beckandlee.wordpress.com/2008/05/06/turning-condo-cancellation-cases-into-divorces-more-thoughts-on-the-legal-definition-of-material-and-adverse-as-a-florida-appellate-court-ponders-the-condo-contract-case-that-everyone-is-watching/#comment-1164 South Florida Lawyers Fri, 09 May 2008 14:45:29 +0000 http://beckandlee.wordpress.com/?p=102#comment-1164 Excellent analysis. Excellent analysis.

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