During negotiations for a Florida oceanfront property, the seller's agent tells the buyer that the property has 'about 150 feet of ocean frontage.' The contract doesn't specify the frontage amount. After closing, the buyer discovers the property has only 120 feet of frontage. What is the buyer's most likely remedy under Florida law?
Correct Answer
B) No remedy because the representation wasn't in the contract
Correct: B - Under Florida's parol evidence rule and merger doctrine, oral representations not included in the written contract generally cannot be enforced. The buyer should have insisted on including frontage in the contract. Why not A: The merger doctrine typically prevents claims based on pre-contract representations not in the final agreement. Why not C: No automatic price adjustment exists without contractual provision. Why not D: This is a civil matter; criminal charges wouldn't apply to measurement discrepancies.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An assignment of contract transfers one party's rights and obligations under a contract to a third party called the assignee. The original party, known as the assignor, transfers their contractual position to someone who was not originally part of the agreement.
A bilateral contract is an agreement in which both parties exchange promises and are both obligated to perform, while a unilateral contract is one in which only one party makes a promise and the other party is not obligated to act.
A breach of contract occurs when one party fails to perform their obligations under the contract without a legal excuse. The non-breaching party is entitled to legal remedies including damages, specific performance, or contract rescission.
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Previous Question
Two Florida real estate brokers verbally agree that Broker A will pay Broker B a 25% referral fee for a commercial transaction. Broker B refers a client who purchases a $2 million property. When Broker A refuses to pay the referral fee, claiming no written agreement exists, what is Broker B's legal position under Florida law?
Next Question
Under Florida law, consideration in a real estate purchase contract can be all of the following EXCEPT: