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Verdict range $100,000 - $500,000
ARTICLE ID 49409
$________ - Negligent misrepresentation in sale of real estate - Alleged realtor fraud - Ocean view obscured by new construction.
U.S. District Court, Southern District of Florida
The plaintiff was a resident of Pennsylvania who
invested in the purchase of two condominium units near the beach
in Pompano Beach. The plaintiff claimed that the defendant
realtor negligently represented that the ocean view from one of
the plaintiffs units would be preserved by zoning restrictions
on the height of new construction. The plaintiff also contended
that the realtor committed fraud in inducing the plaintiff to
sign the sales contract. The defendant maintained that he
reasonably relied on the information which was provided to him by
the non-party developer of the condominium complex. The real
estate agency, which employed the defendant realtor, was also
named as a defendant in the case on a vicarious liability theory.
The plaintiff testified that the defendant realtor advised him
that construction on the lot between his condominium unit and the
ocean was limited to a height of only 35 feet, which would
perpetually preserve his view of the ocean. However, the
plaintiff learned after the closing that building on the lot in
question was permitted to a height of some ________ and that
construction plans were in place for a 54 building, which would
block his ocean view.
The plaintiffs real estate appraiser testified that the
plaintiffs condominium unit was worth some $________ less with
the ocean view obscured. The defendants argued that the realtor
did not independently research the zoning laws for the lot
involved and had no duty to do so. The defense contended that the
realtor simply passed on the information which was provided to it
by the developer of the condominium complex. The defense also
contended that the diminution in the value of the plaintiffs
unit without the ocean view was only $________.
The jury found for the defendants on the fraud count and for the
plaintiff on the claim of negligent misrepresentation. The
plaintiff was awarded $________ in damages. The plaintiffs motion
for the addition of pre-judgment interest is pending.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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