RENEE BERZON, APPELLANT,

v.

ORIOLE HOMES CORPORATION, A FLORIDA CORPORATION, APPELLEE

Citator

Cited By

• Samara Dev. Corp. v. Marlow, 556 So. 2d 1097 (Fla. 1990)
  …t a purchaser must be entitled to seek damages in addition to a return of the deposit or specific performance for the above-specified exemption to apply. The Fourth District Court of Appeal followed that construction in Berzon v. Oriole Homes Corp., 497 So. 2d 670 (Fla. 4th DCA 1986), and in its decision in this case. In this case, the district court recognized that its construction and interpretation of the relevant federal statute conflicted with HUD’s interpretation of the act. Congress, pursuant to 15 U.…

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• Hardwick Props., Inc. v. Newbern, 711 So. 2d 35 (Fla. 1st DCA 1998)
  …ained that under ILSA “[w]here the seller is obligated to complete by a time certain, the purchaser is not limited ... to the remedy of rescission, but he may affirm the contract and seek damages.” Id. at 1034. See also Berzon v. Oriole Homes Corp., 497 So. 2d 670 (Fla. 4th DCA 1986)(a developer may not claim an exemption under ILSA when damages for violation of the two year construction provision are limited to the return of the deposit or specific performance). In comparison, in Marco Bay Assocs. v. Vandew…
• Marlow v. Samara Dev. Corp., 528 So. 2d 420 (Fla. 4th DCA 1988)
  …ce and that no claim for damages may be pursued disqualifies the contract for exemption from the Act. The trial court ruled that a contract containing such a limitation of remedies falls within the ambit of the Act. In Berzon v. Oriole Homes Corp., 497 So. 2d 670 (Fla. 4th DCA 1986), this court appears to have ruled squarely upon the issue presented here, holding that the Interstate Land Sales Full Disclosure Act does apply to condominium sales, and that a developer may not claim an exemption from the act wh…

Authorities Cited

• Appalachian, Inc. v. Olson, 468 So. 2d 266 (Fla. 2d DCA 1985)
• Dorchester Dev., Inc. v. Tema Burk, 439 So. 2d 1032 (Fla. 3d DCA 1983)