CSK Defense Team
Miami Associate Julia Nelson
Miami Partner Blake Sando
Case Summary
This professional negligence lawsuit arose from the sale of a residential property in Key West, Florida, located in Monroe County. A group of home buyers sued multiple real estate professionals and a brokerage, alleging that the property suffered from significant mold and water intrusion that caused substantial damages.
The buyers claimed the realtors knew—or should have known—about the alleged defects prior to closing and failed to disclose them. The claims, commonly described as realtor malpractice allegations, were based on asserted breaches of the professional standard of care.
Defense Strategy
The CSK Defense Team focused on the absence of admissible evidence supporting the Plaintiffs’ claims. Through depositions and written discovery, the team established that the Defendant Realtors had no actual knowledge of mold or water intrusion and were not provided with information that would have placed them on notice of such conditions.
Critically, the Plaintiffs failed to present expert testimony or other competent evidence establishing the applicable standard of care for real estate professionals in Florida or demonstrating how it was allegedly breached. By focusing the court on the evidentiary record, the defense demonstrated that the claims could not meet the legal requirements necessary to proceed to trial.
Outcome
The Monroe County court entered final summary judgment in favor of all defendant realtors and the brokerage, dismissing all claims with prejudice. The Plaintiffs took nothing by their lawsuit.
The decision reinforces that real estate professionals are not guarantors of a property’s condition and cannot be held liable without evidence that they knew, or reasonably should have known, of a defect. The ruling underscores the importance of competent proof in professional negligence and disclosure-related claims and demonstrates how targeted discovery and a well-supported dispositive motion can resolve unsupported allegations before trial.
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