As counsel to numerous condominium unit buyers seeking relief under the federal Interstate Land Sales Full Disclosure Act (ILSA), including the prevailing plaintiffs in the Bacolitsas and Indomenico cases cited in the article, “Applying ILSA to Sales of Condominium Units,” by Todd E. Soloway and Luisa K. Hagemeier, (Jan. 11), I write to correct the misleading implication that the recent case law by the Southern and Eastern districts holding condominium developments subject to ILSA is somehow unique to New York or otherwise out of the national mainstream.
In fact, since 1977, every state and federal decision addressing the issue has held that ILSA applies to condominiums, with the sole exception of the Florida district court holding reversed by the Eleventh Circuit in Winter v. Hollingsworth that the authors discuss. Among these hundreds of decisions are rulings by the Second, Third, Fourth, Fifth, Sixth and Eleventh circuits as well as the Supreme Courts of Alabama, Delaware and Florida.
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