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Wolofsky v. Behrman
Citation:
454 So. 2d 614 (Fla. 4th DCA 1984)Facts
Wolofsky, a condominium developer, initially sold a unit to the Behrmans who intended to move in after selling their house. When their house didn’t sell, the Behrmans decided to sell the condominium instead. Wolofsky offered to buy it back for $73,000, and the parties signed a contract. Wolofsky’s sales agent received the keys to show the apartment and allowed a potential buyer (who had offered $100,000 to Wolofsky) to stay briefly in the unit. When the Behrmans discovered evidence of occupation (electricity on, TV, radio, bedclothes, food, and clothes), they became upset and refused to proceed with the sale. The Behrmans returned Wolofsky’s deposit and declined to close the transaction. Notably, the Behrmans never lived in the apartment, the contract was silent regarding possession, and the closing was only weeks away.
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