PFW, Inc. v. Residences at Little Nell Development 2010COA137 (August 16, 2012)

Get off my land! That command, enforcing the exclusive use and possession of property, is a fundamental cornerstone of private property. It is also a basic requirement for determining whether an interest in property is a lot, which in turn affects whether a development project is subject to the Interstate Land Sale Full Disclosure Act (ILSFDA). ILSFDA applies to developments of 100 lots or more. In this case, the owner of a fractional interest in a condominium project sought to rescind its purchase contract because it violated ILSFDA. It did not. The court affirmed dismissal, holding the statute did not apply because the fractional interest was not a “lot.” Unlike a timeshare, which permits exclusive use of a particular unit, a fractional share in some unit does not constitute exclusive use of a specific unit, and is not a “lot.” Lacking sufficient lots, ILSFDA did not apply.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA1656-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8632&courtid=1

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1 Comment

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One response to “PFW, Inc. v. Residences at Little Nell Development 2010COA137 (August 16, 2012)

  1. In support of Legal Professionalism Month (October) I thought I would point out section IV of this opinion. It is titled “Improper Language in PFW’s Reply Brief.” In the words of Above the Law, this is a “bench slap.” The court admonished the attorneys for “repeatedly” accusing the other side of “intentionally misleading this court.” Citing the Colorado Rules on Professional Conduct‘s Preamble, it found such advocacy inappropriate.

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