Greenberg v. BIG CYPRESS REALTY, INC.

District Court of Appeal of Florida

Greenberg v. BIG CYPRESS REALTY, INC.

15 So. 3d 900, 2009 Fla. App. LEXIS 10740, 2009 WL 2382309

District Court of Appeal of Florida·Decided August 5, 2009·No. 4D08-304·Published

Opinion

PER CURIAM.

In this case, appellants sued a number of entities and individuals over a condominium purchase transaction. Two counts involved appellees as real estate brokers or agents of the seller. These counts attempted to state a claim for fraudulent concealment under Johnson v. Davis, 480 So.2d 625 (Fla.1985). The “duty of disclosure announced in Johnson v. Davis extends to a seller’s real estate broker.” Syvrud v. Today Real Estate, Inc., 858 So.2d 1125, 1129 (Fla. 2d DCA 2003); Revitz v. Terrell, 572 So.2d 996, 998 n. 5 (Fla. 3d DCA 1990). Also, Johnson’s application is “limited to non-commercial real property transactions.” Solorzano v. First Union Mortg. Corp., 896 So.2d 847, 849 (Fla. 4th DCA 2005). The operative complaint states the elements of a Johnson claim, except it does not explicitly say that this was a non-commercial transaction. We reverse the trial court’s dismissal of this case for failure to state a cause of action against appellees. On remand, appellant shall be given leave to file an amended complaint.

GROSS, C.J., DAMOORGIAN and GERBER, JJ., concur.

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PER CURIAM.

In this case, appellants sued a number of entities and individuals over a condominium purchase transaction. Two counts involved appellees as real estate brokers or agents of the seller. These counts attempted to state a claim for fraudulent concealment under Johnson v. Davis, 480 So.2d 625 (Fla.1985). The “duty of disclosure announced in Johnson v. Davis extends to a seller’s real estate broker.” Syvrud v. Today Real Estate, Inc., 858 So.2d 1125, 1129 (Fla. 2d DCA 2003); Revitz v. Terrell, 572 So.2d 996, 998 n. 5 (Fla. 3d DCA 1990). Also, Johnson’s application is “limited to non-commercial real property transactions.” Solorzano v. First Union Mortg. Corp., 896 So.2d 847, 849 (Fla. 4th DCA 2005). The operative complaint states the elements of a Johnson claim, except it does not explicitly say that this was a non-commercial transaction. We reverse the trial court’s dismissal of this case for failure to state a cause of action against appellees. On remand, appellant shall be given leave to file an amended complaint.

GROSS, C.J., DAMOORGIAN and GERBER, JJ., concur.

Greenberg v. BIG CYPRESS REALTY, INC., 15 So. 3d 900, 2009 Fla. App. LEXIS 10740, 2009 WL 2382309 (Fla. Ct. App. 2009).

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Opinion

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