Johnson v. Davis
Florida Supreme Court
480 So. 2d 625 (Fla. 1985)
Relevant factsFree
Johnson (defendant) agreed to sell his house to the Davises (plaintiffs) without disclosing known problems with the roof's structure, and when Mrs. Davis specifically asked about visible water marks on the ceiling, Johnson falsely told her they were not water marks and that the roof was in good condition. After the Davises paid a deposit, a rainstorm caused water to pour in through the windows and ceiling, revealing the roof's true condition, and the Davises sued for breach of contract and fraudulent misrepresentation.
IssueFree
Whether a homebuyer is entitled to a refund of a deposit when the seller knew of, but failed to disclose, significant leakage problems in the house's roof.
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