Noted the comments re Johnson vs Davis, 480 So.2nd 625 (Fla 1985) as an individual property sale situation, and the narrow application and limitation re defects. Actually, going forward Florida case law, with limited exceptions, notes a home seller must disclose any facts or conditions about the property that have a substantial impact on its' value or desirability and that others cannot readily see for themselves. As duly noted by the writer of that comment, the BZ 2012 comments stated "Florida law provides a separate independent duty to disclose material facts that would substantially affect the value of a piece of property".
So as it evolved, Florida, like many states, requires sellers of homes and residential properties to make certain disclosures to buyers about the property's condition and history. It's based on the fact that sellers are in the best position to know all material facts relating to their properties, especially those that are not visible to the naked eye...or anticipated..and should disclose these to the buyer. Sellers who fail to do so face legal liability I understand.
This may have prompted and/or required developers to submit Property Disclosures such as the one filed by The Villages, to the State of Connecticut in 2003. It is a comprehensive 34 page report...lays out lot by lot where homes or villas were to be built...what to expect re golf courses and their facilities...rec centers...exclusive residents priority memberships..and so on....and is in writing. There is no mention of multi rental units within the boundaries of the Villages as presented. It would seem it was not only a factual portrayal of the offering...but could have been used as a sales tool to attract buyers.
It would then follow...if a proposed structure such as a multiplex building is built at HH Country Club....and the values of many single family homes near the course go down...the developer might be ultimately responsible for that; as it would be a deviation from what was presented.
(Please note...I do not have a legal background...and my comments are solely based on life experience and readings.)
|