15 U.S.C. § 1711
Limitation of actions
No action shall be maintained under section 1709 of this title to enforce a right created under subsection (b), (c), (d), or (e) of section 1703 of this title unless brought within three years after the signing of the contract or lease, notwithstanding delivery of a deed to a purchaser.
1979—Pub. L. 96–153 designated existing provisions as subsec. (a), substituted provisions setting forth limitations relating to any action maintained under section 1709 of this title, for provisions setting forth limitations relating to any action maintained to enforce any liability created under section 1709(a) or (b)(2) of this title, and added subsec. (b).
Amendment by Pub. L. 96–153 effective on effective date of regulations implementing such amendment, but in no case later than six months following
Section effective upon the expiration of two hundred and seventy days after
Notes of Decisions
Cited in 82
cases (1 in the last 5 years), 1975–2024 · leading case: Dean Beaver v. Tarsadia Hotels, 816 F.3d 1170 (9th Cir. 2016).
Dean Beaver v. Tarsadia Hotels, 816 F.3d 1170 (9th Cir. 2016). “They instead raise a series of affirmative defenses, contending that (1) ILSA’s statute of limitations, 15 U.S.C. § 1711 , bars Plaintiffs’ UCL claim; (2) ILSA does not apply because Plaintiffs’ condominium units are not considered qualifying “lots” under ILSA, see 12 C.”
Robert Bomba & Annamarie P. Bomba v. W. L. Belvidere, Inc., a Gen. Partner Doing Bus. as Candlewick Lakes Assocs., a P'ship, 579 F.2d 1067 (7th Cir. 1978). “The defendant answered, inter alia, that plaintiffs’ action was barred by the statute of limitations specified in 15 U.S.C. § 1711 . Plaintiffs then replied that the defendant was es-topped by its conduct from relying on the statute of limitations.”
Veneklase v. Bridgewater Condos, L.C., 670 F.3d 705 (6th Cir. 2012). “15 U.S.C.A. § 1711 . The few federal courts that have addressed the issue squarely have struggled to reconcile § 1711’s three-year statute of limitations with § 1703’s two-year rescission period.”
Beaver v. Tarsadia Hotels, 29 F. Supp. 3d 1294 (S.D. Cal. 2014). “However, it is undisputed that the cause of action would not be time-barred under the four year statute of limitations under the UCL because the limitations period commences after the cause of action accrued, not from the date of the signing of the contract.”
Bodansky v. Fifth on the Park Condo, LLC, 635 F.3d 75 (2d Cir. 2011). “15 U.S.C. § 1711 (a)(1), (b). In contrast, the statute of limitations is “three years after discovery of the violation or after discovery should have been made by the exercise of reasonable diligence” for claims that, inter alia, a developer or agent (1) employed a device,…”
Kirkendall v. Dep't of the Army, 479 F.3d 830 (Fed. Cir. 2007). “1980) (the decision predates Irwin , and the statute at issue, 15 U.S.C. § 1711 , is analogous to that in Lampf, i.”
Adams v. Cavanagh Communities Corp., 847 F. Supp. 1390 (N.D. Ill. 1994). “See 15 U.S.C. § 1711 (1976). 13 That section said: No action shall be maintained to enforce any liability created under section 1709(a) or (b)(2) of this title unless brought within one year after the discovery of the untrue statement or the omission, or after such discovery…”
Nahigian v. Juno-loudoun, LLC, 677 F.3d 579 (4th Cir. 2012). “15 U.S.C. § 1711 (a)(1) ("No action shall be maintained under section 1709 of this title with respect to a violation of subsection (a)(1) or (a)(2)(D) of section 1703 of this title more than three years after the date of signing of the contract of sale or lease.”
Joseph P. Cange v. Stotler & Co., Inc., 826 F.2d 581 (7th Cir. 1987). “There we held that the federal statute of limitations, or more accurately the statute of repose, in the Interstate Land Sales Full Disclosure Act, 15 U.S.C. § 1711 , which then stated, “In no event shall any such action be brought by a purchaser more than three years after the…”
Nahigian v. Juno Loudoun, LLC, 684 F. Supp. 2d 731 (E.D. Va. 2010). “Plaintiffs argue that the general statute of limitations for the Act ( 15 U.S.C. § 1711 ) should apply allowing three years to bring ILSA claims.”
Taylor v. Holiday Isle, LLC, 561 F. Supp. 2d 1269 (S.D. Ala. 2008). “” 15 U.S.C. § 1711 (b) (emphasis added). As the Court understands it, Holiday Isle’s position is that rescission is an available remedy under the ILSFDA only if a plaintiff invokes such remedy within two years after he or she signs the purchase agreement.”
Nickell v. Beau View of Biloxi, L.L.C., 636 F.3d 752 (5th Cir. 2011). “(quoting 15 U.S.C. § 1711 (a)(2)). The Second Circuit also contrasted ILSA’s 12-month exemption, which exempts a purchased lot “if 12 or fewer lots in the subdivision ‘are sold .”
— 15 U.S.C. § 1711(a)(2) — 2 cases
Streambend Props. III, LLC v. Sexton Lofts, LLC, 297 F.R.D. 349 (D. Minnesota 2014).
Streambend Props. III, LLC v. Sexton Lofts, LLC, 587 F. App'x 350 (8th Cir. 2014).
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