Mejia v. Jurich
| Decision Date | 11 April 2001 |
| Docket Number | No. 3D00-662.,3D00-662. |
| Parties | Jorge R. MEJIA, et al., Appellants, v. Katherine JURICH, Appellee. |
| Court | Florida District Court of Appeals |
Robert J. Tieso, (Plantation); Jay M. Levy, Miami, for appellants.
Holland & Knight and Lucinda A. Hofmann and Judith M. Mercier, Miami, for appellee.
Before COPE, FLETCHER, and SORONDO, JJ.
In these consolidated appeals, the purchasers of homes in Lennar Homes' Three Lakes Project challenge orders dismissing their claims of fraud in the inducement against a Lennar Homes salesperson. Finding error, we reverse.
Appellants sued appellee, among other defendants, alleging that they were fraudulently induced into signing agreements for the purchase of homes at Lennar Homes' Three Lakes Project by certain misrepresentations made by the defendants. In their complaints, appellants contend that appellee made three material misrepresentations during the course of several meetings prior to their execution of the purchase agreements and continuing through the closing. The first of the alleged misrepresentations concerned the prices of the homes. Appellants claim they were shown a price list and were told that the selling prices listed would never be reduced as Lennar Homes was committed to upholding the property values in the Three Lakes Project. The purchase prices listed on a subsequently issued list, however, showed the price of the homes had been reduced. The second alleged misrepresentation involved certain railroad tracks which run across the development. According to appellants, prior to entering into their purchase agreements they were shown an artist's rendition of the final development which did not include the railroad tracks and were provided with an operating budget which did not provide for any expenses associated with the railroad crossing. More significantly, appellants contend they were falsely told by appellee that the railroad tracks, which were alleged to be under the control of the seller, were to be removed to provide for unrestricted access to the clubhouse and to eliminate any noise. Appellants further alleged that due to ongoing construction on the site they did not have access to the area in question to inspect it prior to closing on their homes. Finally, appellants claim they were falsely assured that the Three Lakes Project would be built and developed in accordance with the then existing zoning, but that Lennar has since requested a change of zoning and/or use variance to accommodate a higher density of residences. Appellants alleged that these representations were made with full knowledge of their falsity and with the intent of inducing them to rely upon them which they did to their detriment.
Appellee moved to dismiss the claims for fraud in the inducement on three grounds: (1) that appellee's statements were nothing more than puffing or salesmanship and not promises about a past or existing fact upon which appellants could justifiably rely; (2) that the representations preceded the execution of contracts which expressly warned appellants not to rely on oral representations and thus were merged into the contract's integration clause; and (3) that the claims were barred by the economic loss rule. The trial court dismissed the claims with prejudice upon its finding that the statements constituted nonactionable puffing or opinion without addressing the other two grounds. Final judgments in appellee's favor were subsequently entered after appellants abandoned their other claims against this appellee.1
An action for fraud generally may not be predicated on statements of opinion or promises of future action, but rather must be based on a statement concerning a past or existing fact. Maunsell v. American Gen. Life & Accident Ins. Co., 707 So.2d 916 (Fla. 3d DCA 1998); Baker v. United Servs. Auto. Ass'n, 661 So.2d 128 (Fla. 1st DCA 1995),rev. denied, 669 So.2d 252 (Fla.1996); Thor Bear, Inc. v. Crocker Mizner Park, Inc., 648 So.2d 168 (Fla. 4th DCA 1994). However, the courts have recognized exceptions to this rule which we find to be applicable in the instant case. Where the person expressing the opinion is one having superior knowledge of the subject of the statement and the plaintiff can show that said person knew or should have known from facts in his or her possession that the statement was false, then the opinion may be treated as a statement of fact. Baker, 661 So.2d 128; Thor Bear, Inc.,648 So.2d 168; Chino Elec., Inc. v. United States Fid. & Guar. Co., 578 So.2d 320 (Fla. 3d DCA 1991); Ramel v....
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