Johnson v. Davis
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| Johnson v. Davis | |
| Court | Florida Supreme Court |
|---|---|
| Citation | |
| Date decided | October 31, 1985 |
Facts
Johnson (defendant) agreed to sell his house to the Davises (plaintiffs).
The home sales contract stipulated a $5,000 initial deposit & a $26,000 2nd deposit (in the 1980s money).
The buyers Davises had the right to inspect the roof. Before closing, the buyers noticed peeling plaster in the house.
After closing, the buyers (Davis) found the house needed a new roof for $15,000.Procedural History
Davis sued the seller Johnson for rescission of the real estate contract.
Davis wins in the trial court & the court of appeals in Florida.Issues
Does the seller of a house have a duty to disclose facts that materially affect the value of the house, are not readily observable, & are not known to the buyer?
Holding
The home seller must disclose facts about the home which may not be readily observable.
Rule
Historically, court followed caveat emptor (let the buyer beware).
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