Florida District Courts of Appeal, 2009

Greenberg v. BIG CYPRESS REALTY, INC.

Greenberg v. BIG CYPRESS REALTY, INC.
Florida District Courts of Appeal · Decided August 5, 2009 · Gross, Damoorgian, Gerber
15 So. 3d 900; 2009 Fla. App. LEXIS 10740; 2009 WL 2382309 (Southern Reporter, Third Series)

Greenberg v. BIG CYPRESS REALTY, INC.

Opinion

PER CURIAM.

In this case, appellants sued a number of entities and individuals over a condominium purchase transaction. Two counts involved appellees as real estate brokers or agents of the seller. These counts attempted to state a claim for fraudulent concealment under Johnson v. Davis, 480 So.2d 625 (Fla. 1985). The “duty of disclosure announced in Johnson v. Davis extends to a seller’s real estate broker.” Syvrud v. Today Real Estate, Inc., 858 So.2d 1125, 1129 (Fla. 2d DCA 2003); Revitz v. Terrell, 572 So.2d 996, 998 n. 5 (Fla. 3d DCA 1990). Also, Johnson’s application is “limited to non-commercial real property transactions.” Solorzano v. First Union Mortg. Corp., 896 So.2d 847, 849 (Fla. 4th DCA 2005). The operative complaint states the elements of a Johnson claim, except it does not explicitly say that this was a non-commercial transaction. We reverse the trial court’s dismissal of this case for failure to state a cause of action against appellees. On remand, appellant shall be given leave to file an amended complaint.

GROSS, C.J., DAMOORGIAN and GERBER, JJ., concur.

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