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Preconstruction Contract Termination and Deposit Return Litigation

As a leader of the Pre-Construction Contract Termination and Deposit Return Litigation plaintiff’s bar, the law firm of Urban Thier & Federer, P.A. continues to set the standard for pre-construction deposit return litigation cases. The law firm’s growing list of successes continues to shape this area of the law – clearly setting Urban Thier & Federer, P.A. apart from other law firms and lawyers serving client purchasers who are seeking to terminate their preconstruction contracts and recover their deposits.

On June 26, 2009, the Florida Fifth District Court of Appeals, which is the State of Florida appeals court for all central Florida State trial courts located in Brevard, Citrus, Flagler, Hernando, Marion, Orange, Osceola, Putnam, Seminole, St. Johns and Sumter counties, and one level below the Supreme Court of Florida, unanimously affirmed this law firm’s win in the case of Plaza Court, L.P., v. Baker-Chaput and O’Brien, 17 So. 3d 720 (Fla. 5th DCA 2009). In the Plaza Court case, this law firm won in the state trial court – the Ninth Judicial Circuit Court in and for Orange County, Florida, located in Orlando, Florida – based upon the developer’s violation of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701-1720 (“ILSFDA”). The Fifth District Court of Appeals unanimously sided with this law firm’s clients, adopted this law firm’s below Harvey decision, and ruled that purchasers have a full three years to rescind under ILSFDA where the developer fails to clearly provide for the right in the purchase agreement/contract for sale. This is an especially important decision because it addresses the issue of whether the 15 U.S.C. § 1703(c) rescission right is limit to two years, when not clearly disclosed in the contract, or the full three years provided for in 15 U.S.C. §§ 1709 and 1711 for all ILSFDA remedies.

On January 5, 2009, the federal Eleventh Circuit Court of Appeals, which is the appeals court for all federal courts for the States of Alabama, Florida and Georgia, and one level below the United States Supreme Court, unanimously affirmed this law firm’s win in the case of Harvey v. Lake Buena Vista, LLC, 568 F. Supp. 2d 1354, 1365 (M.D. Fla. 2008) affirmed Harvey v. Lake Buena Vista, LLC, 2009 WL 19340 (11th Cir. 2009). In the Harvey case, this law firm won in the federal trial court – the United States District Court for the Middle District of Florida, Orlando Division – based upon both breach of contract and Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701- 1720 (“ILSFDA”) claims. The developer defendant, Lake Buena Vista Resort, LLC, appealed the trial court decision to the Eleventh Circuit Court of Appeals. After extensive appellate proceedings, the Eleventh Circuit Court of Appeals three judge panel assigned to the case unanimously “per curiam” affirmed the trial court decision.

Urban Thier & Federer, P.A., remains on the cutting edge of this field and continues to actively shape this entire area of the law in favor of purchasers.

With offices in Orlando, Florida, and Munich, Germany, Urban Thier & Federer, P.A. continues to assist buyers throughout the United States and European Union countries in terminating their preconstruction purchase agreements. In many cases the law firm’s clients are not even required to travel to Florida.

If you are a buyer/purchaser who is a party to a preconstruction purchase and sale agreement, we encourage you to consult with this law firm or another law firm and explore your rights and options.

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