Benedetto v. EXP Realty, LLC
After a residential sale fell through, the buyer recorded a 'Memorandum of Contract' clouding the sellers' title and blocking a resale for two years; the sellers won about $362,000 at trial but were denied leave to amend to plead punitive damages. Applying Perlmutter v. Federal Insurance Co., the Fourth District reversed as to the wife (who prepared and recorded the memorandum, omitting the no-recording clause and closing date and adding restrictive language) because the proffer supported a reasonable inference of intentional misconduct, but affirmed the denial as to the husband for lack of any comparable proffer.
Key facts
- Buyers and sellers disputed a failed residential real estate transaction in which the buyer recorded a 'Memorandum of Contract' that clouded the sellers' title and prevented resale for approximately two years.
- The sellers obtained a judgment of approximately $362,000 at trial but the trial court denied their motion for leave to amend the complaint to add a claim for punitive damages.
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Why it matters
One of the first Fourth District applications of the Florida Supreme Court's Perlmutter standard for section 768.72 punitive damages proffers, confirming de novo review and that trial courts may not weigh the defense's… — full analysis with a trial
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