Florida Statute Section 718.506 "provides condominium purchasers a cause of action for rescission of a condominium purchase agreement when a purchaser reasonably relies on any false material statement to a developer." Bruno v. Mona Lisa at Celebration, LLC & Dodsworth v. Mona Lisa at Celebration, LLC (In re Mona Lisa at Celebration, LLC), 2010 WL 3359527 (B.R. M.D. Fla. August 5, 2010)(Westlaw subscription required to access Westlaw), Notice of Appeal reflected on Pacer, the Online Docket of the Federal Courts. (The Opinion in this Case was written by the well-respected Bankruptcy Judge Karen S. Jennemann.)
However, as with the Law of Insurer Bad Faith, not every settlement attempt made by a Liability Insurer that does not necessarily result in success, is Bad Faith.
One William Haberman was a managing member of Mona Lisa. He provided an Affidavit (actually, one of at least two Affidavits) which "makes clear that Mona Lisa's design team made these changes to add value to the project at no additional cost to plaintiffs, not to skimp on building costs. Plaintiffs have not provided any facts or evidence to contradict Haberman's explanation." In re Mona Lisa at Celebration, LLC, 2010 WL 3359527 at *16. [Emphasis by the Court.] Cf. id. at *15 ("Nowhere does plaintiffs' expert ... opine that the overall value of the hotel amenities building was adversely impacted as a result of the redesign.").
Sometimes actions and dealings are actually and incontestably in Good Faith and Fair Dealing. When that happens, there can be no legitimate contest.
Please Read The Disclaimer.
Comments