Florida Statute 718.506 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

View Entire Chapter

F.S. 718.506

718.506 Publication of false and misleading information.—

(1) Any person who, in reasonable reliance upon any material statement or information that is false or misleading and published by or under authority from the developer in advertising and promotional materials, including, but not limited to, a prospectus, the items required as exhibits to a prospectus, brochures, and newspaper advertising, pays anything of value toward the purchase of a condominium parcel located in this state shall have a cause of action to rescind the contract or collect damages from the developer for his or her loss prior to the closing of the transaction. After the closing of the transaction, the purchaser shall have a cause of action against the developer for damages under this section from the time of closing until 1 year after the date upon which the last of the events described in paragraphs (a) through (d) shall occur:

(a) The closing of the transaction;

(b) The first issuance by the applicable governmental authority of a certificate of occupancy or other evidence of sufficient completion of construction of the building containing the unit to allow lawful occupancy of the unit. In counties or municipalities in which certificates of occupancy or other evidences of completion sufficient to allow lawful occupancy are not customarily issued, for the purpose of this section, evidence of lawful occupancy shall be deemed to be given or issued upon the date that such lawful occupancy of the unit may first be allowed under prevailing applicable laws, ordinances, or statutes;

(c) The completion by the developer of the common elements and such recreational facilities, whether or not the same are common elements, which the developer is obligated to complete or provide under the terms of the written contract or written agreement for purchase or lease of the unit; or

(d) In the event there shall not be a written contract or agreement for sale or lease of the unit, then the completion by the developer of the common elements and such recreational facilities, whether or not the same are common elements, which the developer would be obligated to complete under any rule of law applicable to the developer’s obligation.

Under no circumstances shall a cause of action created or recognized under this section survive for a period of more than 5 years after the closing of the transaction.

(2) In any action for relief under this section or under s. 718.503, the prevailing party shall be entitled to recover reasonable attorney’s fees.

History.—s. 1, ch. 76-222; s. 872, ch. 97-102.

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Amendments to 718.506

Arrestable Offenses / Crimes under Fla. Stat. 718.506

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.506.

Annotations, Discussions, Cases:

Cases Citing Statute 718.506

Total Results: 13

Parque Towers Developers, LLC v. Rebecca Christina Vallias

Court: District Court of Appeal of Florida | Date Filed: 2024-01-17

Snippet: agreements due to fraudulent inducement under section 718.506(1), Florida Statutes, claiming that Parque Towers

STEPHEN HESS v. PMG-S2 SUNNY ISLES, LLC

Court: District Court of Appeal of Florida | Date Filed: 2023-10-04

Snippet: recission pursuant to sections 718.202 and 718.506, Florida Statutes, breach of contract and declaratory

STEPHEN HESS v. PMG-S2 SUNNY ISLES, LLC

Court: District Court of Appeal of Florida | Date Filed: 2022-11-10

Snippet: for recission pursuant to sections 718.202 and 718.506, Florida Statutes, breach of contract and declaratory

STEPHEN HESS v. PMG-S2 SUNNY ISLES, LLC

Court: District Court of Appeal of Florida | Date Filed: 2022-08-10

Snippet: for recission pursuant to sections 718.202 and 718.506, Florida Statutes, breach of contract and declaratory

Law-Yue v. Miami River, L.L.C.

Court: District Court of Appeal of Florida | Date Filed: 2010-10-20

Citation: 50 So. 3d 620, 2010 Fla. App. LEXIS 15832, 2010 WL 4103349

Snippet: protection for condominium purchasers as follows: 718.506 Publication of false and misleading information

Lennar Homes, Inc. v. DEPART. OF BUSIN. AND PROF.

Court: District Court of Appeal of Florida | Date Filed: 2004-09-27

Citation: 888 So. 2d 50, 2004 WL 2146986

Snippet: prohibited by sections 718.111(3), 718.303 and 718.506, Florida Statutes (2002), and that the arbitration

Zaremba Florida Co. v. Klinger

Court: District Court of Appeal of Florida | Date Filed: 1989-09-12

Citation: 550 So. 2d 1131, 1989 WL 63408

Snippet: motion for appellate attorney's fees under Section 718.506(2), Florida Statutes (1987), and remanded the cause

Klinger v. Zaremba Florida Co.

Court: District Court of Appeal of Florida | Date Filed: 1986-12-30

Citation: 502 So. 2d 1252

Snippet: rescind pursuant to the provisions of Section 718.506, Florida Statutes (1979). A special master, after

Deen v. Zaremba Florida Co.

Court: District Court of Appeal of Florida | Date Filed: 1986-11-18

Citation: 497 So. 2d 1296, 11 Fla. L. Weekly 2418, 1986 Fla. App. LEXIS 10669

Snippet: trial court which ordered, pursuant to section 718.506, Florida Statutes (1985), rescission of plaintiffs’

Chenery v. Crans

Court: District Court of Appeal of Florida | Date Filed: 1986-09-12

Citation: 497 So. 2d 267, 11 Fla. L. Weekly 1963

Snippet: ordinances. Count II sought damages under section 718.506, Florida Statutes (1983), relating to publication

Grove Towers, Inc. v. Lopez

Court: District Court of Appeal of Florida | Date Filed: 1985-03-12

Citation: 467 So. 2d 358, 10 Fla. L. Weekly 684

Snippet: counts of violation of a statute (§§ 718.503 and 718.506, Fla. Stat. [1979]), and violation of the federal

Finst Dev., Inc. v. Bemaor

Court: District Court of Appeal of Florida | Date Filed: 1984-03-06

Citation: 449 So. 2d 292, 1984 Fla. App. LEXIS 12110

Snippet: below were reasonable and authorized by Section 718.-506(2), Florida Statutes (1981). See Pfohl v. Pfohl

Bruce v. O'Neill

Court: District Court of Appeal of Florida | Date Filed: 1984-02-01

Citation: 445 So. 2d 379, 1984 Fla. App. LEXIS 11607

Snippet: count for statutory rescission pursuant to Section 718.506, Florida Statutes (1981), for failure to include