718.506
Publication of false and misleading information.
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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.
Notes of Decisions
Cited in 21
cases (1 in the last 5 years), 1984–2024 · leading case: Gentry v. Harborage Cottages-Stuart, LLLP
Gentry v. Harborage Cottages-Stuart, LLLP (2011)
“Gentry-Hunt, but not the Stones, also filed a claim alleging that Harborage violated Fla. Stat. § 718.506 by publishing false and misleading information in the Site Plan.”
Gentry v. Harborage Cottages-Stuart, LLLP (2009)
“The Purchase Agreements also state that “Nothing herein shall be deemed to deny or abridge the rights granted under Section 718.506, Florida Statutes.” Purchase Agreements, ¶ 14.”
Bruno v. Mona Lisa at Celebration, LLC (In re Mona Lisa at Celebration, LLC) (2012)
“Two of the cases were *633 decided under another statute — Fla. Stat. § 718.506 . 234 One of these cases, Gentry, at most stands for the proposition that, assuming their falsity, numerous alleged misrepresentations could amount to a material misrepresentation under Fla.”
Degirmenci v. Sapphire-Fort Lauderdale, Lllp (2010)
“Plaintiff seemingly claims that Developer ipso facto violated FDUTPA by violating the ILSFDA and Fla. Stat. § 718.506 , as alleged in Counts I through V.”
Bruno v. Mona Lisa at Celebration, LLC (In Re Mona Lisa at Celebration, LLC) (2010)
“503); • Count VI: Florida Condominium Act (Fla.Stat. § 718.506); *188 • Count VII: Florida Unfair Trade Practices Act (Fla.”
Garcia v. Santa Maria Resort, Inc. (2007)
“See Fla. Stat. § 718.506 (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…”
Law-Yue v. Miami River, L.L.C. (2010)
“Section 718.506 is a remedial statute. The Florida Condominium Act states, "A provision of this chapter [718] may not be waived if the waiver would adversely affect the rights of a unit owner or the purpose of the provision.”
Klinger v. Zaremba Florida Co. (1986)
“They also sought to rescind pursuant to the provisions of Section 718.506, Florida Statutes (1979).”
Zaremba Florida Co. v. Klinger (1989)
“This court further granted the plaintiff unit owners' motion for appellate attorney's fees under Section 718.506(2), Florida Statutes (1987), and remanded the cause to the trial court to set the amount of the fees; the orders under review were entered in compliance with our…”
Altenel v. Millennium Partners, L.L.C. (2013)
“” Fla. Stat. § 718.506 . Plaintiffs have conceded that the claim is time-barred with respect to all but one Plaintiff.”
Bruno v. Mona Lisa at Celebration, LLC (In Re Mona Lisa at Celebration, LLC) (2009)
“503); • Count VI: Florida Condominium Act (Fla.Stat. § 718.506); • Count VII: Florida Unfair Trade Practices Act ( Fla.”
Chenery v. Crans (1986)
“Count II sought damages under section 718.506, Florida Statutes (1983), relating to publication of false and misleading information.”
— 718.506(1) — 5 cases
Gentry v. Harborage Cottages-Stuart, LLLP (2009)
“The Purchase Agreements also state that “Nothing herein shall be deemed to deny or abridge the rights granted under Section 718.506, Florida Statutes.” Purchase Agreements, ¶ 14.”
Law-Yue v. Miami River, L.L.C. (2010)
“Section 718.506 is a remedial statute. The Florida Condominium Act states, "A provision of this chapter [718] may not be waived if the waiver would adversely affect the rights of a unit owner or the purpose of the provision.”
Degirmenci v. Sapphire-Fort Lauderdale, Lllp (2010)
“Plaintiff seemingly claims that Developer ipso facto violated FDUTPA by violating the ILSFDA and Fla. Stat. § 718.506 , as alleged in Counts I through V.”
— 718.506(2) — 4 cases
Zaremba Florida Co. v. Klinger (1989)
“This court further granted the plaintiff unit owners' motion for appellate attorney's fees under Section 718.506(2), Florida Statutes (1987), and remanded the cause to the trial court to set the amount of the fees; the orders under review were entered in compliance with our…”
Degirmenci v. Sapphire-Fort Lauderdale, Lllp (2010)
“Plaintiff seemingly claims that Developer ipso facto violated FDUTPA by violating the ILSFDA and Fla. Stat. § 718.506 , as alleged in Counts I through V.”
Deen v. Zaremba Florida Co. (1986)
Taylor v. E. F. Hutton & Co. (1990)
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