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Besett v. Basnett

389 So. 2d 995 (1980)

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Besett v. Basnett

Florida Supreme Court

389 So. 2d 995 (1980)

Facts

Mr. and Mrs. Basnett (buyers) (plaintiffs) sued the Besetts and their real estate broker (sellers) (defendants) for fraud in relation to the purchase of the Redfish Lodge. The buyers alleged that the sellers misrepresented the size of the land; the amount of the lodge’s business income; the age and condition of the lodge roof, which was not new and leaked; and the availability of additional land for expansion. The buyers alleged that they relied on these misrepresentations, which induced the buyers to purchase the Redfish Lodge. The trial court dismissed the buyers’ action. The district court reversed, holding that a seller guilty of fraudulent misrepresentation is not permitted to avoid liability under the doctrine of caveat emptor. The sellers appealed.

Rule of Law

Issue

Holding and Reasoning (Alderman, J.)

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