Caveat Emptor Still Dictates in Florida's Courts for Real Estate Buyers

The doctrine of caveat emptor holding that buyers are solely responsible for checking the quality and suitability of goods before purchase is one of the earliest legal principles that many young students are taught. As Florida’s Fourth District Court of Appeal recently reaffirmed, it 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.

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.