PARLIAMENT TOWERS CONDOMINIUM, APPELLANT,
v.
PARLIAMENT HOUSE REALTY, INC., ET AL., APPELLEES
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A condominium association appealed dismissals of claims for specific performance, breach of implied warranty, and negligence against a developer and architect. The appellate court affirmed dismissals of specific performance and implied warranty claims, and also affirmed the dismissal of negligence claims against the developer as to secondary purchasers, but the provided text does not fully address the negligence claim against the architect for secondary purchasers.
The court affirmed the dismissal of claims for specific performance and breach of implied warranty, holding that implied warranties do not extend to secondary purchasers. The court also affirmed the dismissal of negligence claims against the developer for secondary purchasers.
[1] Implied warranties in condominium sales do not extend to remote purchasers beyond the original purchasers.
[2] Privity of contract is not an essential element in a negligence suit between a subsequent purchaser and the builder of a condominium project.
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Join FLexlaw to unlock all legal intelligenceParliament Towers Condominium Association sued Parliament House Realty, Inc., its former directors, and architect Richard C. Reilly. The suit included…
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GEIGER, DWIGHT L., Associate Judge.
Appellant, a condominium association, filed suit on behalf of its tenant owners. Named as defendants were Parliament House Realty, Inc., alleged to be a dissolved Florida corporation; Louis Bianculli, Bernard Scheinholz, and Arthur Scheinholz, individually and as the last named board of directors of the corporation; and architect Richard C. Reilly. The five count fourth amended complaint contained the following:
(1) Count I: action for specific performance to compel Appellees to convey title to a condominium unit and furnishings therein.
(2) Count II: action for specific performance to compel conveyance of personalty by bill of sale.
[*MLVIII] (3) Count III: action for damages for breach of implied warranty seeking judgment against the corporation which built the condominium and Messrs. Scheinholz, Scheinholz, and Bianculli as trustees of the allegedly dissolved corporation and in their individual capacity.
(4) Count IV: action for damages for negligence seeking judgment against the corporation which built the condominium and Messrs. Scheinholz, Sche-inholz, and Bianculli as trustees of the allegedly dissolved corporation and in their individual capacity.
(5) Count V: action for negligence against the architect who designed and supervised construction of the condominium, Richard C. Reilly.
Counts III, IV and V sought recovery for both the original and secondary purchasers of condominium units.
A motion to dismiss the fourth amended complaint was filed by Appellees. The trial court entered orders dismissing Counts I, II, and V with prejudice and dismissing Counts III and IV as to secondary purchasers with prejudice. A subsequent motion for summary judgment directed to the issue of individual liability was filed by Scheinholz, Scheinholz, and Bianculli. Said motion was granted. Both orders were timely appealed and consolidated in this case.
As to Counts I and II we are of the opinion that Appellant’s complaint does not state a cause of action and that the dismissals are proper and should be affirmed. Likewise, we find no substantial issue of fact on the question of individual liability of Appellants Scheinholz, Schein-holz, and Bianculli, and affirm the trial court’s granting the motion for summary judgment in Appellees’ favor. Dealing with the question presented by the trial court’s dismissal of Count III as to secondary purchasers, we find that this issue has been completely explored by our sister court in the case of Strathmore Riverside Villas Condominium Association, Inc. v. Paver Development Corp., 369 So. 2d 971 (Fla. 2d DCA 1979). The court there discussed the propriety of extending implied warranties to remote purchasers other than the original purchasers of new condominium homes and held that such warranties do not extend further than to original purchasers. We affirm the dismissal of Count III as to secondary purchasers on authority of Strathmore.
As to Count IV wherein the trial court dismissed a negligence claim against the builders as to secondary purchasers and Count V wherein the trial court dismissed a negligence claim against the architect in toto, we feel that the trial court was in error. We have carefully reviewed the law on this point and find that privity of contract is not an essential element in a negligence suit between a subsequent purchaser and the builder of a condominium project. Likewise privity of contract between an architect who designs and supervises construction of a condominium project and a subsequent purchaser of a condominium unit is not an essential element in order for the purchaser to recover damages in a negligence action against the architect. The question in both situations is one of foreseeability, and we find based upon the cases cited below, that damages sustained by secondary purchasers for negligence by the builder or architect are reasonably foreseeable. Since the damages are foreseeable, both the builder and the architect have a legal duty to use reasonable care to protect secondary purchasers from the type damages alleged in Appellant’s Counts IV and V. Thus Counts IV and V state a cause of action. We reverse the trial court’s dismissal both of Count IV as to secondary purchasers and Count V under authority of Navajo Circle, Inc. v. Development Concepts Corp., 673 So. 2d 689 (Fla. 2d DCA 1979) and A. R. Moyer, Inc. v. Graham, 285 So. 2d 397 (Fla.1973).
AFFIRMED IN PART AND REVERSED IN PART AND REMANDED.
ANSTEAD and MOORE, JJ., concur.
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Citator
Cited By (13 total)
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CASA Clara Condo. Ass'n, Inc. v. Charley Toppino & Sons, Inc., 620 So. 2d 1244 (Fla. 1993)…rt v. Coldwell Banker Commercial Group, Inc., 109 Wash.2d 406, 745 P. 2d 1284 (1987). . We also disapprove the following decisions to the extent they conflict with the instant opinion: Parliament Towers Condominium v. Parliament House Realty, Inc., 377 So. 2d 976 (Fla. 4th DCA 1979); Navajo Circle, Inc. v. Development Concepts Corp., 373 So. 2d 689 (Fla. 2d DCA 1979); Simmons v. Owens, 363 So. 2d 142 (Fla. 1st DCA 1978). We also limit A.R. Moyer, Inc. v. Graham, 285 So. 2d 397 (Fla.1973), strictly to its fac…
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Airport Rent-A-Car, Inc. v. Prevost CAR, Inc., 660 So. 2d 628 (Fla. 1995)…ominium, Inc., 406 So. 2d 515 (Fla. 4th DCA 1981), review denied, 417 So. 2d 328 (Fla.1982). To the extent they conflicted with Casa Clara, the following decisions were disapproved: (1) Parliament Towers Condominium v. Parliament House Realty, Inc., 377 So. 2d 976 (Fla. 4th DCA 1979); (2) Navajo Circle, Inc. v. Development Concepts Corp., 373 So. 2d 689 (Fla. 2d DCA 1979); and (3) Simmons v. Owens, 363 So. 2d 142 (Fla. 1st DCA 1978). 620 So. 2d at 1248. . Airport further asserts that in First American Title…
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Drexel Props., Inc. v. BAY Colony Club Condo., Inc., 406 So. 2d 515 (Fla. 4th DCA 1981)…y foreseeably be injured or sustain an economic loss proximately caused by the negligent performance of a contractual duty of an architect has a cause of action against such architect. Parliament Towers Condominium v. Parliament House Realty, Inc., 377 So. 2d 976 (Fla. 4th DCA 1979), approving Strathmore, supra, held no implied warranty is extended to remote purchasers. The court further held that no privity is required to maintain an action for negligence against an architect or builder of a condominium pro…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- A. R. Moyer, Inc. v. Graham, 285 So. 2d 397 (Fla. 1973)
- Strathmore Riverside Villas Condo. Ass'n, Inc. v. Paver Dev. Corp., 369 So. 2d 971 (Fla. 2d DCA 1979)