U.S. Code » Title 15 » Chapter CHAPTER 42— INTERSTATE LAND SALES

15 U.S.C. § 1709

Civil liabilities

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(a) Violations; relief recoverable

A purchaser or lessee may bring an action at law or in equity against a developer or agent if the sale or lease was made in violation of section 1703(a) of this title. In a suit authorized by this subsection, the court may order damages, specific performance, or such other relief as the court deems fair, just, and equitable. In determining such relief the court may take into account, but not be limited to, the following factors: the contract price of the lot or leasehold; the amount the purchaser or lessee actually paid; the cost of any improvements to the lot; the fair market value of the lot or leasehold at the time relief is determined; and the fair market value of the lot or leasehold at the time such lot was purchased or leased.

(b) Enforcement of rights by purchaser or lessee

A purchaser or lessee may bring an action at law or in equity against the seller or lessor (or successor thereof) to enforce any right under subsection (b), (c), (d), or (e) of section 1703 of this title.

(c) Amounts recoverable

The amount recoverable in a suit authorized by this section may include, in addition to matters specified in subsections (a) and (b), interest, court costs, and reasonable amounts for attorneys’ fees, independent appraisers’ fees, and travel to and from the lot.

(d) Contributions

Every person who becomes liable to make any payment under this section may recover contribution as in cases of contract from any person who, if sued separately, would have been liable to make the same payment.

(Pub. L. 90–448, title XIV, § 1410, Aug. 1, 1968, 82 Stat. 595; Pub. L. 96–153, title IV, § 405, Dec. 21, 1979, 93 Stat. 1130.)Editorial NotesAmendments

1979—Subsec. (a). Pub. L. 96–153 substituted provisions relating to violations of section 1703(a) of this title and scope of relief authorized in suits brought against such violations, for provisions relating to suits for untrue statements or omissions to state material fact in statement of record.

Subsec. (b). Pub. L. 96–153 substituted provisions relating to enforcement of rights by the purchaser or lessee against the seller or lessor, for provisions relating to suits by the purchaser against the developer or agent.

Subsec. (c). Pub. L. 96–153 substituted provisions authorizing interest, court costs, etc., to be recoverable in suits under this section, for provisions relating to enumeration of damages recoverable in suits under this section.

Subsec. (d). Pub. L. 96–153 reenacted provisions without change.

Subsec. (e). Pub. L. 96–153 struck out subsec. (e) which set forth limitation on amount recoverable under this section.

Statutory Notes and Related SubsidiariesEffective Date of 1979 Amendment

Amendment by Pub. L. 96–153 effective on effective date of regulations implementing such amendment, but in no case later than six months following Dec. 21, 1979, see section 410 of Pub. L. 96–153, set out as a note under section 1701 of this title.

Effective Date

Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title.

Notes of Decisions
Cited in 94 cases (1 in the last 5 years), 1973–2023 · leading case: Veneklase v. Bridgewater Condos, L.C., 670 F.3d 705 (6th Cir. 2012).
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Veneklase v. Bridgewater Condos, L.C., 670 F.3d 705 (6th Cir. 2012). · cites it 9× “They sought a judgment in their favor “for rescission or revocation of the Purchase Agreement and for monetary damages in an amount determined by [the] Court, together with costs and attorneys fees, pursuant to 15 U.S.C. § 1709 ; and ... such further relief as [the] Court deems…”
Gentry v. Harborage Cottages-Stuart, LLLP, 654 F.3d 1247 (11th Cir. 2011). · cites it 5× “§ 1703 (a)(1)(B) and (c), the court awarded Plaintiffs the return of their deposits as equitable relief under 15 U.S.C. § 1709 . Plaintiffs were also awarded attorneys’ fees and costs under § 1709(c).”
Total Realty Mgmt., LLC v. R. A. North Dev., Inc., 706 F.3d 245 (4th Cir. 2013). · cites it 4× “” 15 U.S.C. § 1709 (d). Therefore, to state a claim for contribution under the Interstate Land Sales Act, a complaint must allege that (1) the plaintiff has “become[] liable” under the statute, (2) the defendant is independently liable for the same conduct, and (3) the plaintiff…”
Marek v. Chesny, 473 U.S. 1 (1985). · cites it 2× “595 , as amended, 15 U. S. C. § 1709 (c). 20. Motor Vehicle Information and Cost Savings Act, 86 Stat.”
Jack R. Hanson v. Polk Cnty. Land, Inc., 608 F.2d 129 (5th Cir. 1979). · cites it 6× “In June 1975, the Hansons filed suit pursuant to the Interstate Land Sales Full Disclosure Act, 15 U.S.C. § 1709 (a), (b). 1 The defendants answered the allegations of the suit and asserted an affirmative defense of the two-year statute of limitations under the Act.”
Nahigian v. Juno-loudoun, LLC, 677 F.3d 579 (4th Cir. 2012). · cites it 6× “15 U.S.C. § 1709 . Here, as the district court determined, the proper equitable remedy is to return the property title to Juno and return the purchase price, plus interest, to the Nahigians.”
Gentry v. Harborage Cottages-Stuart, LLLP, 602 F. Supp. 2d 1239 (S.D. Fla. 2009). · cites it 5× “” 15 U.S.C. § 1709 (b). “Thus, § 1709(b) would plainly allow a purchaser to bring a claim for damages based on seller’s failure to provide the statutorily required notice of rescission.”
Degirmenci v. Sapphire-Fort Lauderdale, Lllp, 693 F. Supp. 2d 1325 (S.D. Fla. 2010). · cites it 3× “She seeks a declaration that the Developer and Regions violated one or more statutes under the ILSFDA, a declaration that she is entitled to rescission, and an award of attorney’s fees and costs pursuant to 15 U.S.C. § 1709 and the sales contract. Count II seeks an injunction…”
Taylor v. Holiday Isle, LLC, 561 F. Supp. 2d 1269 (S.D. Ala. 2008). · cites it 2× “” 15 U.S.C. § 1709 (b). Of course, section 1703(c) requires sellers to disclose the rescission right to purchasers before a contract is signed.”
Murray v. Holiday Isle, LLC, 620 F. Supp. 2d 1302 (S.D. Ala. 2009). · cites it 2× “To be clear, Holiday Isle's violation of § 1703(c) is actionable under 15 U.S.C. § 1709 (b), which provides that a purchaser "may bring an action at law or in equity against the seller .”
Degirmenci v. Sapphire-Fort Lauderdale, LLLP, 642 F. Supp. 2d 1344 (S.D. Fla. 2009). · cites it 3× “§ 2201 and 15 U.S.C. § 1709 , that the default provision of the contract deprived Plaintiff of her rights under 15 U.”
Berlin v. Renaissance Rental Partners, LLC, 723 F.3d 119 (2d Cir. 2013). · cites it 2× “4 When Renaissance refused the rescission and denied the refund request, Berlin brought this *123 suit pursuant to 15 U.S.C. § 1709 , which provides a right of action “at law or in equity against a developer or agent if the sale or lease was made in violation of section 1703(a)…”
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