Florida Developer Real Estate Contract Valid With Acts of God Provision

Florida real estate contract law. In the following recent case, Mailloux v. Briella Townhomes, LLC, 4D08-430 34 Fla. L. Weekly D 269 (Fla. 4th DCA 2009), purchasers signed a contract to buy a Florida condominium unit and later sought to terminate the contract, claiming the developer failed to comply with the Interstate Land Sales Full Disclosure Act (“ILSA”) in that the contract did not unconditionally obligate the developer to complete construction within two years. The contract allowed delays due to acts of God, among other things. The Court held that acts of God are recognized defenses to non-performance of a Florida real estate contract and did not render the developer’s obligation to complete construction within two years illusory.

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