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Contracts Keyed to Epstein
Jackson v. Shakespeare Foundation, Inc.
Citation:
Supreme Court of Florida 108 So.3d 587 (2013)Facts
Plaintiffs decided to sell the property in 2006. They posted an advertisement in the Bay County Listing Service. The advertisement included many details, including Wetlands study verifies no wetlands. When this advertisement was placed, the plaintiff had a Property Report Land Use Planning Analysis which established 25% of the property was wetlands. Defendant entered negotiations and entered into a contract with the plaintiff for purchase of the real property.
Defendant hired an engineering firm to perform a wetland delineation on the property after the purchase was complete, and 26% of the land was unbuildable. Shakespeare then sued for fraudulent misrepresentation. The Jackson’s responded that the fraud claim arose out of, and was related to, the contract and thus should be covered by the arbitration provision. Also, there was an “as-is” prong of the contract that was not adjudicated here, but that the court said could have been raised.
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