HB 1551 2003
   
1 A bill to be entitled
2          An act relating to the sale of real property; requiring
3    disclosures by nondeveloper owners of real property in
4    deed-restricted communities; providing an effective date.
5         
6          Be It Enacted by the Legislature of the State of Florida:
7         
8          Section 1. Nondeveloper owner disclosure of property in
9    deed-restricted communities prior to sale; voidability.--
10          (1) An owner of real property in a deed-restricted
11    community who is not a developer of the property shall comply
12    with the provisions of this subsection prior to the sale of the
13    property. Each prospective purchaser who has entered into a
14    contract for the purchase of property shall be provided, at the
15    seller's expense, with a current copy of the deed restrictions
16    that apply to the property.
17          (2) A person licensed under part I of chapter 475 who
18    provides to or otherwise obtains for a prospective purchaser the
19    documents described in this subsection is not liable for any
20    error or inaccuracy contained in the documents.
21          (3) Each contract entered into after July 1, 2003, for the
22    resale of property in a deed-restricted community must contain
23    in conspicuous type either:
24          (a) A clause that states: THE BUYER HEREBY ACKNOWLEDGES
25    THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE DEED
26    RESTRICTIONS FOR THE COMMUNITY MORE THAN 3 DAYS, EXCLUDING
27    SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF
28    THIS CONTRACT; or
29          (b) A clause that states: THIS AGREEMENT IS VOIDABLE BY
30    BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
31    CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
32    HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
33    BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE DEED
34    RESTRICTIONS FOR THE COMMUNITY, WHICHEVER OCCURS LATER. ANY
35    PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS HAS NO EFFECT.
36    BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE
37    THAN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS,
38    AFTER THE DATE ON WHICH BUYER RECEIVES THE DEED RESTRICTIONS.
39    BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT CLOSING.
40          (4) A contract that does not conform to the requirements
41    of this section is voidable at the option of the purchaser prior
42    to closing.
43          Section 2. This act shall take effect July 1, 2003.