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473 So. 2d 20

473 So.2d 20

10 Fla.L.Weekly 1790

Rubens v. Glinsky

District Court of Appeal of Florida · decided 1985-07-23

Cited by 2 later decisions — most recently August 1987

2 state decisions

Key passage — most relied on by later courts

“(a) the misrepresentation of a material fact (the concealment of a negative roof inspection report and the presentation of a favorable one so as to represent that the roof was in good condition); (b) that the defendants knew the falsity of the representation; (c) that the defendants made the representation intending that the plaintiffs would rely on it in purchasing the house; (d) that the plaintiffs did rely on the representation in purchasing the house; and (e) that the plaintiff's reliance caused damage.”

quoted by 2 later decisions, including Gordon v. ETUE, WARDLAW & CO., PA, 511 So. 2d 682 - Assad v. Mendell

Relies on 389 So. 2d 995 - Besett v. Basnett · 323 So. 2d 567 - American International Land Corporation v. Hanna · 449 So. 2d 344 - Johnson v. Davis

Good law ✅— No negative treatment on recordhow we know

Decided 1985-07-23

View the full empirical analysis of this case →

PER CURIAM.

¶1The dismissal of the Rubenses’ complaint with regard to their fraudulent misrepresentation count is reversed. The complaint, while not a model of craftsmanship, adequately alleges the elements of a cause of action for fraudulent misrepresentation by alleging: (a) the misrepresentation of a material fact (the concealment of a negative roof inspection report and the presentation of a favorable one so as to represent that the roof was in good condition); (b) that the defendants knew the falsity of the representation; (c) that the defendants made the representation intending that the plaintiffs would rely on it in purchasing the house; (d) that the plaintiffs did rely on the representation in purchasing the house; and (e) that the plaintiffs reliance caused damage. See American International Land Corp. v. Hanna, 323 So.2d 567, 569 (Fla.1975); Johnson v. Davis, 449 So.2d 344 (Fla. 3d DCA 1984); see also Besett v. Basnett, 389 So.2d 995 (Fla.1980). With regard to the other count in the complaint, the order is affirmed.

¶2Affirmed in part, reversed in part and remanded.

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