James’ Interstate Land Sales Full Disclosure Act Blog

Recent Posts from James’ Interstate Land Sales Full Disclosure Act Blog


  • some new cases

    Venezia v. 12th & Division Properties, LLC, 2009 WL 2366417 (M.D. Tenn. Jul. 30, 2009): The court sided with Taylor in the 2-vs-3 year rescission window under 1703(c) (i.e., court said it was a 2-year…

  • two recent cases

    Here are some interesting highlights from two fairly recent ILSA cases:Plant v. Merrifield Town C enter Limited Partnership, 2009 WL 2225415 (E.D. Va. July 1, 2009): Equitable remedies are available under 1709 upon a proper…

  • S.E.C. v. Century Mortgage and Contract "Switching"

    S.E.C. v. Century Mortgage Co., Ltd., 470 F.Supp. 300 (D.C. Utah 1978) is a securities case that I think is applicable to some ILSA "purpose of evasion" situations. There is a fact pattern that sometimes…

  • Plaza Court

    Here is a new case that just came down: Plaza Court v. Baker-Chaput, 2009 WL 1809921 (Fla. 5th DCA June 26, 2009). The Court concurred with Judge Hurley's opinion in Jankus that the purchaser has…

  • ILSA lawyer liability?

    Common fact pattern nowadays: developer had no idea he was subject to ILSA so he accidentally violated it. His lawyer, who is an expert at subdivision developments, had no idea ILSA applied either. Was this…

  • more purpose of evasion thoughts

    So, under federal securities law, there is an exemption from federal registration under section 3(a)(11) and Rule 147 if, basically, the issuer and all offerees and purchasers are residents of the same state, and substantially…

  • Stefan v. Singer Island update

    Stefan v. Singer Island is going to trial on the issue of whether the developer carrried out a scheme to evade ILSA and defraud the purchaser into entering into the second of two contracts. 2009…

  • purpose of evasion tax analogy

    It *might* be possible to get a better understanding of the "purpose of evasion" clause under the Act by referring to federal tax law. There are two "evasion" concepts under federal tax law. The first…

  • U.S. v. Morgan

    U.S. v. Morgan, 978 U.S. Dist. LEXIS 18720 (M.d. Pa. Apr. 20, 1978) is an old criminal case that really is not quoted at all. There are a few things worth mentioning. First, the court…

  • New Case: Tedder

    I found one new case this week - Tedder v. Harbour Phase I Owners, LLC, in the M.D. Fla. Nothing really special - just another (a)(2) two-year completion case. The court decides to go with…