DOUGLAS L. TURVEY, JR., AND BARBARA SUE TURVEY, HIS WIFE, APPELLANTS,
v.
MICHAEL KULAZENKA AND MARY E. KULAZENKA, HIS WIFE, APPELLEES
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Affirmed trial court's dismissal of rescission claim based on alleged misrepresentation regarding mobile home park zoning, licensing, and hookups, holding that buyers cannot rely on misrepresentation when they had equal means to inspect and investigate the property themselves.
A party cannot recover for misrepresentation when the means of knowledge are equally available to both parties and the subject matter is open to inspection, absent actual deception or misconduct.
[1] A buyer cannot recover for misrepresentation regarding property when the buyer had equal means to inspect the premises and inquire of governmental authorities and failed…
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Join FLexlaw to unlock all legal intelligence“It is a generally accepted rule of law in Florida that under any standard of conduct, and in the absence of accompanying actual deception, artifice, or misconduct, where the means of knowledge are at hand and are equally available to both parties, and the subject matter is equally open to their inspection, if one of them does not avail himself of those means and opportunities, he will not be heard to say that he was deceived by the other's misrepresentations.”
Beagle v. Bagwell, 169 So. 2d 43 (Fla. 1st DCA 1964), establishing the rule that bars recovery for misrepresentation when inspection and inquiry were available.
Buyers of a mobile home park sought rescission based on alleged misrepresentations concerning zoning, licensing, and hookups. The buyers had prior exp…
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PER CURIAM.
This cause arises out of a foreclosure action brought by appellees-sellers against appellants-buyers of a mobile home park.
By their answer to appellees’ complaint, appellants set forth affirmative defenses and by counterclaim sought a recission of the transaction on the grounds of misrepresentation. The basic factual allegations as to misrepresentation concerned zoning, licensing, and hookups. Appellants had previously owned and managed a mobile home park in Orange County, Florida, and in that capacity dealt with health and zoning authorities. The alleged factual misrepresentations complained of by appellants relate to matters which could have been ascertained by them by inspection of the premises and inquiry to the proper governmental authorities.
As stated in Beagle v. Bagwell, 169 So. 2d 43 (Fla. 1st DCA 1964):
“It is a generally accepted rule of law in Florida that under any standard of conduct, and in the absence of accompanying actual deception, artifice, or misconduct, where the means of knowledge are at hand and are equally available to both parties, and the subject matter is equally open to their inspection, if one of them does not avail himself of those means and opportunities, he will not be heard to say that he was deceived by the other’s misrepresentations.”
AFFIRMED.
BOYER, C. J., and RAWLS and McCORD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Eubanks v. Stocks, 343 So. 2d 1352 (Fla. 1st DCA 1977)…ur review reveals that the dismissed counts fail to allege recoverable damages. Further, even were recoverable damages alleged, the trial judge was eminently correct in determining that no cause of action was stated. (Please see Turvey v. Kulazenka, 341 So. 2d 551 (Fla. 1st DCA 1977), wherein is cited Beagle v. Bagwell, 169 So. 2d 43 (Fla. 1st DCA 1964). AFFIRMED. BOYER, C. J., and RAWLS and ERVIN, JJ., concur.…
Authorities Cited
- Elester S. Roberts v. State, 169 So. 2d 43 (Fla. 2d DCA 1964)