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Nagashima v. Busck

541 So. 2d 783 (1989)

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Nagashima v. Busck

Florida District Court of Appeal
541 So. 2d 783 (1989)

SC

Facts

The seller (defendant) sold the buyer (plaintiff) a multi-family building. As part of the sale, the seller told the buyer that the building complied with all applicable municipal ordinances. This turned out not to be the case, and the buyer was required to modify the building to comply with municipal zoning laws, at the buyer’s expense. Specifically, the buyer was required to turn the building from a triplex into a duplex, decreasing the value of the property. The buyer sued the seller for fraud. The trial court dismissed the complaint, ruling that the seller’s misrepresentation was one of law and thus could not be the basis for a fraud claim. The buyer appealed.

Rule of Law

Issue

Holding and Reasoning (Rivkind, J.)

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