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Articles Tagged with as is contracts

Oscar-Rivera-2014The firm’s Oscar Rivera authored an article that was featured as the “Board of Contributors” guest commentary column on the homepage of the website of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper, and will soon be appearing in the newspaper’s print edition.  The article, which is titled “Caveat Emptor Still Dictates in Florida’s Courts for Real Estate Buyers,” focuses on a recent ruling by Florida’s Fourth District Court of Appeal on the doctrine of caveat emptor, which holds that buyers are solely responsible for checking the quality and suitability of goods before purchase.  The decision reaffirmed that the principle still holds true in the state for real estate buyers who seek to have their property acquisitions nullified by the courts due to alleged misrepresentations and hidden defects.  Oscar’s article reads:

. . . In Florida Holding 4800 v. Lauderhill Mall Investment, Florida Holding purchased a commercial property from Lauderhill Mall, then sued the seller for alleged misrepresentations and concealments of its physical condition. The trial court entered final summary judgment in favor of the seller, concluding that the buyer’s claims were all expressly contradicted by the purchase and sale agreement that the parties had executed.

dbr-logo-300x57In the buyer’s subsequent appeal, the Fourth DCA panel found that the sale agreement stipulated it was an “as is” sale, using language that is standard for the industry. It noted that the seller made absolutely no warranties, representations or covenants to the buyer regarding the condition of the property, and the buyer acknowledged that it was purchasing the property in its “as is” condition and based solely on its own inspection, investigation and evaluation.

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