Thank You For Submiting Feedback!
Court of Appeal of Florida, Fourth District
April 7, 2021, Decided
[*122] Damoorgian, J.
Florida Holding 4800, LLC ("Buyer"), the purchaser of a commercial building ("the property"), sued Lauderhill Mall Investment, LLC ("Seller") alleging various causes of action relating to Seller's alleged misrepresentation and/or active concealment of the property's physical condition. The trial court entered final summary judgment in Seller's favor, concluding that Buyer's claims were adequately covered or expressly contradicted by the purchase and sale agreement ("PSA") and thus not actionable. We agree with the trial court and affirm.
As part of the real estate transaction, the parties executed a PSA which contained the following relevant "as is" clause:
11. "AS IS" SALE. Subject only to the warranties and representations made herein, if any, the [p]roperty shall be conveyed in "AS IS" condition with all faults. Seller makes absolutely [**2] no warranties, representations or covenants to Buyer whatsoever regarding the [p]roperty or the condition or quality thereof, or the fitness thereof for the purposes intended by Buyer or for any other purpose or purposes whatsoever; (ii) Buyer acknowledges that Seller has not investigated and does not warrant or represent to Buyer that the [p]roperty is fit for the purpose intended by Buyer or for any other purpose or purposes whatsoever; (iii) Buyer represents that it is purchasing the [p]roperty in its "As Is" condition and based solely on Buyer's own inspection, investigation and evaluation; (v) [sic] neither Seller nor any agent of Seller has made any representation or warranty, express or implied, oral or written, concerning the [p]roperty or which have induced Buyer to execute this Contract; and (vi) any other representations and warranties are expressly disclaimed by Seller.
. . . .
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
317 So. 3d 121 *; 2021 Fla. App. LEXIS 4941 **; 46 Fla. L. Weekly D 785; 2021 WL 1310861
FLORIDA HOLDING 4800, LLC, a Florida Limited Liability Company, Appellant, v. LAUDERHILL MALL INVESTMENT, LLC, a Florida Limited Liability Company, et al., Appellee.
Subsequent History: Review denied by Fla. Holding 4800, LLC v. Lauderhill Mall Inv., LLC, 2022 Fla. LEXIS 31 (Fla., Jan. 5, 2022)
Prior History: [**1] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Raag Singhal, Judge; L.T. Case No. CACE 16-12986 (21).
Fla. Holding 4800, LLC v. Lauderhill Lending, LLC, 275 So. 3d 183, 2019 Fla. App. LEXIS 10066, 2019 WL 2608453 (Fla. Dist. Ct. App. 4th Dist., June 26, 2019)
Buyer, Seller, inspection, representations, trial court, inducement, warranties, fraud claim, contradicted, damages, roof, doctrine of caveat emptor, physical condition, fraudulent, purchaser
Torts, Fraud & Misrepresentation, Actual Fraud, Defenses, Real Property Law, Purchase & Sale, Remedies, Duty to Disclose, Contracts of Sale, Enforceability, Fraud & Misrepresentation