Fla. Court Affirms Ruling Against Seller in Dispute Over Disclosures, Deposit

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Fla. Court Affirms Ruling Against Seller in Dispute Over

Disclosures, Deposit

by Publishing

http://www.imakenews.com/pureaircontrols/e_article000401935.cfm?

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LAKELAND, Fla. — A Florida Appeals court on March 30 affirmed a

lower court order in favor of a man who backed out of a sales

agreement and sued for the return of his deposit when he learned a

condominium unit had undisclosed water and mold problems. Postregna

v. Tanner, No. 2D03-4592 (Fla. App., 2nd Dist.).

Hans Tanner sued Postregna for return of a $350,000 deposit he

had made when he agreed to purchase Tanner's condo for $3,575,000.

Postregna complained that he didn't find out until after agreeing to

the purchase that the unit had mold and air quality problems

stemming from significant water damage.

In a nonjury trial, Judge Ted H. Brousseau of the Circuit Court for

Collier County found that Postregna had failed to disclose material

conditions to Tanner, and breached his obligation of good faith by

denying Tanner's request to postpone settlement while Tanner

arranged for another inspection. The court awarded $350,000 plus

prejudgment interest.

In affirming the judgment for Tanner, The 2nd District Court of

Appeal found 'substantial, competent evidence' to support the

judgment.

The court also vacated the award of prejudgment interest, noting

that the parties agreed the lower court erred in finding they had

stipulated in the sales agreement to the manner in which interest

would be calculated. The court remanded for recalculation of the

interest.

Tanner is represented by L. Boldt of The Boldt Law Firm in

Boca Raton, Fla., and the firm of Seidensticker & San Fillippo in

Naples, Fla.

Jon D. Fishbone and Marc A. Huline of Roetzel & Andress in Naples

represent Postregna.

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