By: \nDavid Berman, Esq. of Barry L. Miller, P.A., Offices Orlando<\/p>\n\n\n\n
Most real estate agents and brokers\nare familiar with the seller disclosure requirements imposed by the Florida\nSupreme Court case Johnson v. Davis<\/em>,\n480 So. 2d 625 (Fla. 1985), and if they are not, they should<\/strong> be. That case held that a seller of residential real estate\nis required to disclose to a buyer all known facts materially affecting the\nvalue of the property which are not readily observable and are not known to the\nbuyer. Johnson<\/em>, 480 So. 2d at 629.<\/p>\n\n\n\n What many agents and brokers may not be aware of is that the liability for a seller\u2019s nondisclosure may be extended to the broker. In Goodman v. Rose Realty West, Inc.<\/em>, 193 So. 3d 86 (Fla. 4th DCA 2016), a purchaser of real property brought an action for fraudulent nondisclosure against the seller as well as the seller\u2019s agent and broker. The court held that a broker could be liable to a purchaser for any fraudulent nondisclosure by the seller under a theory of agency law.<\/p>\n\n\n\n In other words, when a real estate agent has knowledge of facts materially affecting the value of the property which are not readily observable and are not known to a buyer (i.e., the Johnson v. Davis<\/em> standard), the duty of disclosure announced in Johnson v. Davis<\/em> extends to a seller\u2019s real estate broker. Goodman<\/em>, 193 So. 3d Any material withholding of information known to the real estate agent done during his or her work as a real estate agent to facilitate a sale, which was in a broker\u2019s interest since it would earn a commission on the sale, could impose liability upon the broker. Goodman<\/em>, 193 So. 3d at 88. This is so because the broker, as principal of the real estate agent, is civilly liable for the tortious acts of its agent that are within the scope of the agent\u2019s employment, even where the agent\u2019s acts or representations are fraudulent or deceitful. Goodman<\/em>, 193 So. 3d at 87.<\/p>\n\n\n\n For this and other reasons, if you are a real estate agent or broker, it is important to have a knowledgeable real estate lawyer working for you. Barry Miller Law is familiar with all aspects of real estate law. If you, or someone you know, has legal questions concerning real estate, contact Barry Miller Law for assistance at 407-423-1700 or email us at info@BarryMillerLaw.com.<\/p>\n","protected":false},"excerpt":{"rendered":" By: David Berman, Esq. of Barry L. Miller, P.A., Offices Orlando Most real estate agents and brokers are familiar with the seller disclosure requirements imposed by the Florida Supreme Court case Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), and if they are not, they should be. That case held that a seller of […]<\/p>\n","protected":false},"author":5,"featured_media":2384,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_robots_primary_cat":"none"},"categories":[1],"tags":[55,56,58,54,53,52],"yoast_head":"\n