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----- Original Message -----
From: tigerpaw2c
Sent: Thursday, May 19, 2005 4:36 PM
Subject: [sickbuildings] Fla. Court Affirms Ruling Against Seller in Dispute Over Disclosures, Deposit
Disclosures, Deposit
by HarrisMartin Publishing
http://www.imakenews.com/pureaircontrols/e_article000401935.cfm?
x=b4Trqch,bvtv58G
LAKELAND, Fla. — A Florida Appeals court on March 30 affirmed a
lower court order in favor of a man who backed out of a sales
agreement and sued for the return of his deposit when he learned a
condominium unit had undisclosed water and mold problems. Postregna
v. Tanner, No. 2D03-4592 (Fla. App., 2nd Dist.).
Hans Tanner sued Jason Postregna for return of a $350,000 deposit he
had made when he agreed to purchase Tanner's condo for $3,575,000.
Postregna complained that he didn't find out until after agreeing to
the purchase that the unit had mold and air quality problems
stemming from significant water damage.
In a nonjury trial, Judge Ted H. Brousseau of the Circuit Court for
Collier County found that Postregna had failed to disclose material
conditions to Tanner, and breached his obligation of good faith by
denying Tanner's request to postpone settlement while Tanner
arranged for another inspection. The court awarded $350,000 plus
prejudgment interest.
In affirming the judgment for Tanner, The 2nd District Court of
Appeal found 'substantial, competent evidence' to support the
judgment.
The court also vacated the award of prejudgment interest, noting
that the parties agreed the lower court erred in finding they had
stipulated in the sales agreement to the manner in which interest
would be calculated. The court remanded for recalculation of the
interest.
Tanner is represented by Kimberly L. Boldt of The Boldt Law Firm in
Boca Raton, Fla., and the firm of Seidensticker & San Fillippo in
Naples, Fla.
Jon D. Fishbone and Marc A. Huline of Roetzel & Andress in Naples
represent Postregna.
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