15 U.S.C. § 1712
Contrary stipulations void
Any condition, stipulation, or provision binding any person acquiring any lot in a subdivision to waive compliance with any provision of this chapter or of the rules and regulations of the Director shall be void.
Notes of Decisions
Cited in 4
cases, 2009–2011 · leading case: Liles v. Ginn-La West End, Ltd., 631 F.3d 1242 (11th Cir. 2011).
Liles v. Ginn-La West End, Ltd., 631 F.3d 1242 (11th Cir. 2011). “The anti-waiver provision, 15 U.S.C. § 1712 , provides that “[a]ny condition, stipulation, or provision binding any person acquiring any lot in a subdivision to waive compliance with any provision of this chapter or of the rules and regulations of the Secretary shall be void.”
Plant v. Merrifield Town Ctr. Ltd. P'ship, 749 F. Supp. 2d 404 (E.D. Va. 2009). “” 15 U.S.C. § 1712 . Accordingly, because ILSFDA does not permit a purchaser to waive a developer’s or developer’s agent’s ILSFDA duties, and because plaintiffs have properly alleged that Collier, Uniwest Group, and Uniwest Development were “developers” or “agents” of developers…”
Katz v. Fifield Realty Corp., 746 F. Supp. 2d 1265 (S.D. Fla. 2010). “” 15 U.S.C. § 1712 . This provision has been interpreted to bar the enforcement of prospective waivers of the requirement that a developer comply with ILSA, not retrospective agreements that may have the effect of foreclosing an ILSA claim.”
Kenneth W. Liles v. Ginn-LA West End, Ltd. (11th Cir. 2011). “13 Case 3:08-cv-01217-MMH-JRK Document 189 Filed 03/31/10 Page 14 of 26 The anti-waiver provision, 15 U.S.C. § 1712 , provides that "[a]ny condition, stipulation, or provision binding any person acquiring any lot in a subdivision to waive compliance with any provision of this…”
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