Will Condo Deposit Lawsuits Slow Down In The Wake Of The Marina Grande Decision? The Answer Is No

There is no doubt that the recent Marina Grande opinion from the Fourth District Court of Appeal in Florida is a key decision and, as I’ve written about here, it is an important object of analysis on the issue of what constitutes a “material and adverse” change sufficient to enable a condo buyer to recover his [...]

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Score A Win For The Developer In The Marina Grande “Material And Adverse” Battle: But Is It Really A Victory For Developers In The Long Run?

The Fourth District Court of Appeal has spoken in likely the most watched condominium contract case in recent memory, D & T Properties v. Marina Grande, and the Court has sided with the developer against condo buyers seeking to recover their preconstruction deposits.   A good summary of the decision can be found in Paul Brinkmann’s report [...]

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Reaching For The Deep Pocket In Real Estate Litigation: Does The Interstate Land Sales Full Disclosure Act (ILSA) Have A “Long Arm”?

From my vantage point as a practitioner in the trenches, the ongoing litigation battle between residential real estate developers and buyers (which, in my opinion, is but a subset of the broader category of litigation related to the subprime crisis) has entered a new dimension.  The new dimension is marked by more frequent reports such [...]

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