Parque Towers Developers, LLC v. Pilac Management, Ltd.
Pre-construction condominium purchasers sued the developer for breach after units were not substantially complete by the December 31, 2017 date stated in their purchase agreements, and also sought rescission under section 718.506(1) for allegedly overstated square footage. The Third DCA held the agreements identified only an 'estimated' substantial completion date, made time of the essence solely as to the purchasers' obligations, and thus imposed no affirmative obligation to complete by a date certain; the breach judgment was reversed. It affirmed rejection of the statutory fraud-in-the-inducement claims because the agreements' non-reliance, disclaimer, and express waiver provisions negated reliance and waived square-footage claims.
Key facts
- Pre-construction condominium purchasers sued the developer Parque Towers for breach of contract after units were not substantially completed by December 31, 2017, and sought rescission under section 718.506(1) for allegedly overstated square footage.
- The purchase agreements identified the completion date as 'estimated,' included force majeure provisions, allowed closing within one year of that date, and contained non-reliance, disclaimer, and express waiver provisions regarding square footage.
- +1 more key fact with a free trial
Why it matters
The opinion gives developers and their counsel a clear roadmap for drafting pre-construction condominium agreements: 'estimated' completion dates coupled with one-sided time-of-the-essence clauses do not create… — full analysis with a trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.