Sara Davidovich v. Jill Lippoff
The Third District affirmed a final summary judgment for the seller in a nondisclosure suit arising from an 'as is' condominium sale where the floors were allegedly installed without a permit. Because the buyer failed to timely respond to the summary judgment motion, the seller's assertion that she lacked knowledge of the unpermitted floors went undisputed, and under Johnson v. Davis a seller's nondisclosure liability requires actual knowledge of the undisclosed material fact.
Key facts
- Davidovich purchased a condominium from Lippoff under an 'as is' residential contract for sale and purchase.
- Davidovich alleged that Lippoff failed to disclose that the condominium's travertine floors were installed without a permit.
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Holdings
- Under Johnson v. Davis, a seller is liable for nondisclosure only where the seller had actual knowledge of facts materially affecting the value of the property that are not readily…
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Why it matters
The decision reinforces that seller liability for nondisclosure under Johnson v. Davis hinges on proof of the seller's actual knowledge of the undisclosed defect, a burden that survives even 'as is' sales. It is also a… — full analysis with a trial
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