Smile and grin at the change all around me Pick up my guitar and play Just like yesterday And I’ll get on my knees and pray We don’t get fooled again ~ Pete Townsend, Who’s Next 1971 On July 21, 2011, registration and enforcement jurisdiction over the Interstate Land Sales Full Disclosure Act ("ILSA") […]
Continue readingRide of the Dark Horse: An update on Terra-Adi and Swire Pacific Holdings
A dark horse, which had never been thought of . . . rushed past the grand stand to sweeping triumph. Benjamin Disraeli (BritishPrime Minister and Novelist. 1804–1881) My money’s riding on this dark horse, baby My heart is sayin’ it’s the lucky one And its true color’s gonna shine through someday If we […]
Continue readingOut of Limbo? Monies in excess of 15% Ordered Released in Terra-Adi Intern. Bayshore, LLC v. Georgarious
“A little fact is worth a whole limbo of dreams.” ~ Ralph Waldo Emerson “The cause is hidden. The effect is visible to all.” ~ Ovid Ordinarily I would not provide an entire court opinion in a blog entry. However, in this case I will make an exception. Out of context, this opinion seems […]
Continue readingIrreconcilable Differences: The Stein v. Paradigm Court Divorces Itself From Precedent on the Interstate Land Sales Full Disclosure Act
Quædam iura non scripta, sed omnibus scriptis certiora sunt. “Some laws are not written, but are more decisive than any written law.” Seneca the Elder, Controversiae , Bk. 1, ch. 1, sect. 14; translation from Norman T. Pratt Seneca’s Drama (Chapel Hill: University of North Carolina Press, 1983) p. 140. We must not make a scarecrow of […]
Continue reading“Mirror, Mirror” Securities Law Principles in a Parallel Universe.
MCCOY: Jim, I think I liked him with a beard better. It gave him character. Of course almost any change would be a distinct improvement. KIRK: What worries me is the easy way his counterpart fitted into that other universe. I always thought Spock was a bit of a pirate at heart. SPOCK: Indeed, gentlemen. […]
Continue readingTunnel Vision: The View From Here
Expecting the world to treat you fairly because you are a good person is a little like expecting the bull not to attack you because you are a vegetarian. -Dennis Wholey I was perusing the web for real estate news when I came across this article written by Mario A. Iglesias which can be found here. […]
Continue readingPlaza Court, L.P., v. Baker-Chaput and O’Brien: Florida Adopts the Jankus Rationale on the Interstate Land Sales Act
In Plaza Court, L.P., v. Shane Baker-Chaput and Christine O’Brien, — So.3d —-, 2009 WL 1809921 (Fla. 5th DCA June 26, 2009), the Florida Fifth District Court of Appeals appears to have put to rest many of the issues dividing the federal courts on Florida law, as it applies to Interstate Land Sales Full Disclosure […]
Continue readingILSA: A Primer for Real Estate Agents
Many of you making your initial journey to this blog may be wondering: “What is the Interstate Land Sales Act?” and “Why should I care?” Most blogs cover the act solely from the purchaser’s perspective. However there are those individuals, usually real estate agents, who unwittingly get caught in the middle of the ILSA. Whether […]
Continue readingRecent Developments in The Interstate Land Sales Full Disclosure Act: Jankus v. The Edge Investors
PLEASE NOTE: The opinion cited below was withdrawn by Jankus v. Edge Investors, L.P., — F.Supp.2d —-, 2009 WL 2849064 (S.D.Fla. Aug 31, 2009) (NO. 08-80200-CIV); However, the reasoning of this opinion was adopted by Plaza Court, L.P. v. Baker-Chaput, 2009 WL 1809921, *5+, 34 Fla. L. Weekly D1305, D1305+ (Fla.App. 5 Dist. Jun 26, 2009). The […]
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