November 30, 2020
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The Florida Statutes

The 2007 Florida Statutes

Chapter 498
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Section 498.061, Florida Statutes 2007

498.061  Civil remedy.--

(1)  Any subdivider who disposes of any interest in subdivided lands in violation of s. 498.023, or who in disposing of any interest falsifies a material fact, or who in a registration statement or public offering statement falsifies or omits a material fact required to be stated is liable as provided in this section to the purchaser unless it is proved that:

(a)  The purchaser knew of the untruth or omission;

(b)  The subdivider did not know, and in the exercise of reasonable care could not have known, of the untruth or omission; or

(c)  The purchaser did not rely on the untruth or omission.

(2)  In addition to any other remedies, the purchaser may sue in a court of competent jurisdiction to recover the consideration paid for the lot, parcel, unit, or interest in subdivided lands, together with interest at the rate of 9 percent per year from the date of payment, property taxes paid, and court costs and reasonable attorney's fees to the prevailing party, upon proper proof, less the amount of any income received from the subdivided lands. The purchaser shall tender all appropriate instruments of reconveyance prior to the entry of judgment.

(3)  Each person who materially participates in any disposition of any interest in subdivided lands in the manner specified in subsection (1), and who directly or indirectly controls a subdivider or is a general partner, officer, director, broker, salesperson, agent, or employee of a subdivider, shall also be liable jointly and severally with and to the same extent as the subdivider, unless that person did not know, and in the exercise of reasonable care could not have known, of the existence of the facts upon which the liability is alleged to exist. A right of contribution shall exist among persons so liable.

(4)  Each person whose occupation gives authority to a statement which with her or his consent has been used in an application for registration or public offering statement is liable only for false statements and omissions in her or his statement if she or he knew or in the exercise of reasonable care could have known of the existence of the facts upon which the liability is alleged to exist, and she or he is not otherwise associated with the subdivision and development plan in a material way.

(5)  Any stipulation or provision purporting to require any person acquiring any interest in subdivided lands to waive her or his rights under this chapter or any rule or order under it is void.

(6)  Any sale or contract for sale of any interest in subdivided lands, which is in violation of this chapter or applicable rules or orders, is voidable by the purchaser, and she or he may, in addition to any other remedy provided by law, recover from the subdivider the total amount the purchaser has paid on the contract or sale plus a reasonable attorney's fee, if she or he sues and prevails.

No action shall be maintained to enforce any liability created under this section unless brought within 3 years after the discovery of the violation or after discovery should have been made by the exercise of reasonable diligence.

History.--s. 19, ch. 63-129; s. 17, ch. 67-229; s. 26, ch. 74-382; s. 3, ch. 76-168; s. 13, ch. 76-262; s. 1, ch. 77-457; ss. 28, 30, 32, ch. 79-347; ss. 2, 3, ch. 81-318; ss. 28, 33, 34, ch. 88-90; s. 4, ch. 91-429; s. 583, ch. 97-103.

Note.--Former s. 478.191.

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