Fla. Holding 4800, LLC v. Lauderhill Mall Inv., LLC

Fla. Holding 4800, LLC v. Lauderhill Mall Inv., LLC

Opinion

 [*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.

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