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The court granted the motion on the basis of Pressman v. Wolf, 732 So.2d 356, 361 (Fla. 3d DCA), review denied, 744 So.2d 459 (Fla. 1999). This timely appeal followed. Appellants, individual homeowners in the Brindlewood Subdivision ("Brindlewood") in Palm Beach County, appeal after the trial court dismissed their complaint against their developer, M/I Schottenstein Homes, Inc. ("Schottenstein"), with prejudice. They argue that they alleged sufficient facts to support a cause of action against Schottenstein.
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Azam v. M/I Schottenstein Homes, Inc.
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Upon analysis, it becomes clear that the concurrence would extend Besett to establish a bright line rule that misrepresentation claims may never be dismissed as a matter of law-an extreme rule of law that this Court has never approached. In accordance with Besett, we simply hold that the trial court must always evaluate the facts of the situation before it, and resolve the issues on a case-by-case fashion. The concurrence's proposed rule is directly contrary to this principle. And recision counts; however, it disagreed with the trial court's determination with regard to the fraud claim. Specifically stating, "We disagree with the broad prohibition in Pressman," the court held that whether a fraud claim is properly asserted with respect to matters contained in the public record is a factual question that should be determined on a case-by-case basis.
Stein Construction Builders
Request a copy of each insurance certificate for your records before any work begins. We have an extremely expansive definition in this state of a “public record.” See ch. There are at least three decisions of this Court which impact the instant case.3 As the result reached here is derived directly from these three cases, a brief review of each reveals the principals which guide our decision today. There are at least three decisions of this Court which impact the instant case. As the result reached here is derived directly from these three cases, a brief review of each reveals the principals which guide our decision today. We have an extremely expansive definition in this state of a "public record." See ch.
Although raising the possibility of an exception for matters within the chain of title, the majority offers no guidance on when it "may often" be the case that reliance upon a misrepresentation regarding information in a chain of title may be unjustified so as to support a trial court ruling as a matter of law. Rather, whether a fraud claim may lie with respect to statements about matters outside the property sold, the status of which matters can be determined from a public record, is a factual question. And there can be no cause of action for fraudulent misrepresentation.
Mi Schottenstein Homes Inc.
All other marks contained herein are the property of their respective owners. WELLS, C.J., HARDING, and QUINCE, JJ., concur. PARIENTE, J., concurs in result only with an opinion, in which SHAW, J., concurs. ANSTEAD, J., concurs in result only. Construction managers oversee the development of a construction project. Create timetables for projects to complete construction efficiently and productively.
I write only to note that I disagree with that broad language inPressman v. Wolf, 732 So.2d 356, 361 (Fla. 3d DCA), rev. denied, 744 So.2d 459 (Fla. 1999), that "tatements concerning public record cannot form the basis for a claim of actionable fraud." . Whether a fraudulent statement about a public record is actionable is a question of fact. The law should not expect every potential homeowner in every case to root around the bowels of the courthouse for those surveys, plats, and records which would verify or contradict a seller's representations about the property. We disagree with the broad prohibition in Pressman. Rather, whether a fraud claim may lie with respect to statements about matters outside the property being sold, the status of which matters can be determined from a public record, is a factual question. Thus, we believe that whether the buyer exercised ordinary diligence in discovering the falsity of such statements should be determined on a case-by-case basis, and not by some bright-line rule.
QuestionsPost QuestionThere are no questions yet for this company. Company ContactsThis company has not listed any contacts yet.ReviewsWrite ReviewThere are no reviews yet for this company. Indeed, Bristol, the case quoted with approval by Besett, is a chain of title case. Before it, and resolve the issues on a case-by-case fashion. Use our remodeling calculator to get a ballpark estimate for your project. If you're ready to hire, use our bidding system to get actual quotes from local contractors.
For if the recipient “knows that it is false or its falsity is obvious to him,” his reliance is improper, and there can be no cause of action for fraudulent misrepresentation. Thus, this factual examination is indeed a consideration of the totality of the circumstances surrounding the type of information, the nature of the communication between the parties, and the relative positions of the parties. As such decision is in direct conflict with the decision of the Third District Court of Appeal to the extent it announced the broad statement that, "Statements concerning public record cannot form the basis for a claim of actionable fraud," 732 So.2d at 361, the Third District's view cannot stand. The concurrence's argument that Besett implicitly dictates that actions based upon allegations of misrepresentation can never be precluded relies entirely upon the premise that the Besett court allowed a cause of action to proceed, even though one of the claims alleged misrepresentation of the parcel's size. This argument loses all persuasive power, however, when one realizes that parcel surveys and drawings are not always part of real estate closings, nor are they recorded in the usual transaction. Thus, these documents may not be part of the chain of title for the majority of real property parcels.
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This plan was at all times available to all parties for inspection or review. They also alleged Schottenstein knew of this plan, but falsely represented to them, for the purpose of inducing them to purchase a home in Brindlewood, that the parcel was a "natural preserve," and would be left permanently in that state. They further alleged that they purchased their homes in reliance upon Schottenstein's representation.
Indeed, in Besett we broadly held, " recipient may rely on the truth of a representation, even though its falsity could have been ascertained had he made an investigation, unless he knows the representation to be false or its falsity is obvious to him." 389 So.2d at 998. On appeal, the Fourth District affirmed the circuit court's dismissal in part and reversed it in part. See Azam, 761 So.2d at 1196.
None of the cases cited by the majority, all of which predate our opinion in Besett, involve the right of a purchaser to bring a cause of action against a seller who has made an affirmative misrepresentation to a purchaser on a material matter in order to induce the purchaser to buy the property. Rather, these cases deal generally with the rights of innocent third parties to enforce restrictive covenants that are deemed to run with the land against a subsequent purchaser. Finally, because this case involves the purchaser's right to sue the seller for damages resulting from the wrongful conduct, there should be no concern over the stability of real estate transactions. Rather, creating the possibility of a broad exception for information within the public record could have the effect of shielding sellers from their wrongdoing in making blatant misrepresentations of material fact to unsophisticated buyers regarding information within the chain of title. I am certain that the majority does not intend this result, but I am concerned that the dicta regarding the chain of title could be misconstrued to create this result. For all these reasons, I concur in result only.
In making this determination, the trier should weigh such factors as the reasonableness of the reliance, whether the seller is a developer, and the nature of the public record. To the extent that this decision conflicts with Pressman, however, we note conflict. Schottenstein, however, argues that dismissal was proper underPressman. Pressman held that "tatements concerning public records cannot form the basis for a claim of actionable fraud." 732 So.2d at 361. In reaching this decision, the court citedNelson v. Wiggs, 699 So.2d 258 (Fla. 3d DCA 1997), which referred to the obligation of a buyer's "diligent attention" to matters contained in public records.
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