Florida Statute 718.506 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 718.506

Total Results: 20

Garcia v. Santa Maria Resort, Inc.

528 F. Supp. 2d 1283, 2007 U.S. Dist. LEXIS 86193, 2007 WL 4127628

District Court, S.D. Florida | Filed: Nov 15, 2007 | Docket: 102582

Cited 22 times | Published

false advertising in Count VI. See Fla. Stat. § 718.506(1) ("Any person who, in reasonable reliance upon

Gentry v. Harborage Cottages-Stuart, LLLP

654 F.3d 1247

Court of Appeals for the Eleventh Circuit | Filed: Sep 7, 2011 | Docket: 1898222

Cited 18 times | Published

claim alleging that Harborage violated Fla. Stat. § 718.506 by publishing false and misleading information

Zaremba Florida Co. v. Klinger

550 So. 2d 1131, 1989 WL 63408

District Court of Appeal of Florida | Filed: Sep 12, 1989 | Docket: 1370808

Cited 10 times | Published

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

Gentry v. Harborage Cottages-Stuart, LLLP

602 F. Supp. 2d 1239, 2009 U.S. Dist. LEXIS 28301, 2009 WL 689714

District Court, S.D. Florida | Filed: Feb 13, 2009 | Docket: 1663639

Cited 9 times | Published

publication of false and misleading information under § 718.506, Florida Statutes; (3) violation of the Florida

Bruno v. Mona Lisa at Celebration, LLC (In Re Mona Lisa at Celebration, LLC)

410 B.R. 710, 2009 Bankr. LEXIS 2287, 2009 WL 2581712

United States Bankruptcy Court, M.D. Florida | Filed: Aug 12, 2009 | Docket: 64700

Cited 4 times | Published

Count VI: Florida Condominium Act (Fla.Stat. § 718.506); Count VII: Florida Unfair Trade Practices

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

888 So. 2d 50, 2004 WL 2146986

District Court of Appeal of Florida | Filed: Sep 27, 2004 | Docket: 1327864

Cited 3 times | Published

attorney fees "as determined by the court." Section 718.506, precluding the developer from publishing false

Klinger v. Zaremba Florida Co.

502 So. 2d 1252

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 1181048

Cited 3 times | Published

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

Bruno v. Mona Lisa at Celebration, LLC (In re Mona Lisa at Celebration, LLC)

472 B.R. 582

United States Bankruptcy Court, M.D. Florida | Filed: May 16, 2012 | Docket: 65783932

Cited 2 times | Published

in violation of the Florida Condominium Act § 718.506.14 • Count XI — Mona Lisa’s alleged violation

Degirmenci v. Sapphire-Fort Lauderdale, Lllp

693 F. Supp. 2d 1325, 2010 U.S. Dist. LEXIS 48541, 2010 WL 342256

District Court, S.D. Florida | Filed: Apr 20, 2010 | Docket: 2246047

Cited 2 times | Published

statements violated her rights under Florida Statutes § 718.506(1). Plaintiff is also seeking attorneys' fees

Chenery v. Crans

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

District Court of Appeal of Florida | Filed: Sep 12, 1986 | Docket: 1251591

Cited 2 times | Published

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

Altenel v. Millennium Partners, L.L.C.

947 F. Supp. 2d 1357, 2013 U.S. Dist. LEXIS 77917, 2013 WL 2363233

District Court, S.D. Florida | Filed: Mar 12, 2013 | Docket: 65991520

Cited 1 times | Published

advertising and promotional materials.” Fla. Stat. § 718.506. Plaintiffs have conceded that the claim is time-barred

Bruno v. Mona Lisa at Celebration, LLC (In Re Mona Lisa at Celebration, LLC)

436 B.R. 179, 2010 WL 3359527

United States Bankruptcy Court, M.D. Florida | Filed: Aug 5, 2010 | Docket: 2065157

Cited 1 times | Published

Count VI: Florida Condominium Act (Fla.Stat. § 718.506); *188 Count VII: Florida Unfair Trade Practices

Kaufman v. Swire Pacific Holdings, Inc.

675 F. Supp. 2d 1148, 2009 U.S. Dist. LEXIS 118673, 2009 WL 4932716

District Court, S.D. Florida | Filed: Dec 18, 2009 | Docket: 2375880

Cited 1 times | Published

the inducement, or rescission under Fla. Stat. § 718.506. Accordingly, after a careful review of the record

Parque Towers Developers, LLC v. Rebecca Christina Vallias

District Court of Appeal of Florida | Filed: Jan 17, 2024 | Docket: 68165153

Published

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

James D. Gentry v. Harborage Cottages-Stuart, LLLP

Court of Appeals for the Eleventh Circuit | Filed: Sep 7, 2011 | Docket: 2905764

Published

claim alleging that Harborage violated Fla. Stat. § 718.506 by 1 Gentry-Hunt also sued

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

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

District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 1929127

Published

loss prior to the closing of the transaction. § 718.506(1), Fla. Stat. (2005) (emphasis added). The amended

Ahern v. Fidelity National Title Insurance

664 F. Supp. 2d 1224, 2009 U.S. Dist. LEXIS 93549

District Court, M.D. Florida | Filed: Oct 7, 2009 | Docket: 2345783

Published

purports to state a claim pursuant to FLA. STAT. § 718.506, which provides, in pertinent part: Any person

Deen v. Zaremba Florida Co.

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

District Court of Appeal of Florida | Filed: Nov 18, 1986 | Docket: 64623225

Published

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

Finst Dev., Inc. v. Bemaor

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

District Court of Appeal of Florida | Filed: Mar 6, 1984 | Docket: 64604427

Published

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

Bruce v. O'Neill

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

District Court of Appeal of Florida | Filed: Feb 1, 1984 | Docket: 64602860

Published

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