KOLTER SIGNATURE HOMES, INC. v. SHENTON

No. 4D09-175.

46 So.3d 1211 (2010)

KOLTER SIGNATURE HOMES, INC., a foreign corporation, and Villager Realty Ltd., L.P., a foreign limited partnership, Appellants, v. Glenn G. SHENTON and Pamela A. Shenton, husband and wife, and Mauricio Martinez and Eliran Assulin, tenants in common, Appellees.

District Court of Appeal of Florida, Fourth District.

November 10, 2010.


Attorney(s) appearing for the Case

Jack J. Aiello and Gregor J. Schwinghammer, Jr . of Gunster, Yoakley, & Stewart, P.A., West Palm Beach, for appellants.

Stephen Navaretta and Mary Jean Navaretta of Navaretta & Navaretta, Attorneys at Law, P.A., Port Saint Lucie, for appellees Glenn G. Shenton and Pamela A. Shenton.

No appearance for appellees Mauricio Martinez and Eliran Assulin.


GERBER, J.

The circuit court entered final judgments pursuant to the Interstate Land Sales Act ("ILSA"), 15 U.S.C. § 1701 et seq. (2007), allowing the appellee purchasers to rescind their contracts to purchase homes from the sellers. The court reasoned that the contracts, identical other than price, limited the purchasers' remedy of specific performance by requiring the purchasers to perform two conditions precedent...

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