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