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Property Law Keyed to Kurtz
Jensen v. Bailey
Citation:
76 So. 3d 980 (Fla. 2011)Facts
In June 2005, the Jensens entered into a contract to sell their St. Petersburg residence to Gene and Cynthia Bailey. Prior to signing the contract, the Jensens completed a property disclosure statement indicating they were not aware of any improvements made without necessary permits. The sale closed in July 2005. Approximately two years later, the Baileys filed a lawsuit alleging breach of contract, nondisclosure of material defects, and fraudulent concealment after discovering unpermitted renovations in the master bathroom, kitchen, and bedroom (French doors) that violated building codes. Expert testimony confirmed the work was improperly done, did not conform to applicable codes, and would require reconstruction. The circuit court found no evidence that the Jensens actually knew about the permit issues but ruled they “should have known” and were therefore liable under Johnson v. Davis.
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