Legal Question in Real Estate Law in Florida

condos and pets

Eventhough the condo docs said there was a 35lb weight limit on pets, the sales agent for the developer assured me and showed me that bigger dogs are accepted. Now that the association has taken over they are trying to enforce a weight limit. Is there a breach of contract?


Asked on 3/08/07, 8:27 pm

2 Answers from Attorneys

Joel Bello Joel Bello, P.A.

Re: condos and pets

Unless you got an amendment in writing you may have a problem. You may have an argument that the condo development accepted your larger pet and as such are precluded from enforcing that particular provision after you relied on their agent's assurances that you could have your larger dog there, but since there appears to be nothing in writing you may have to have some sort of evidentiary hearing to get to the bottom of who said what, what was said, what was promised, etc.

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Answered on 3/09/07, 9:31 am
Scott R. Jay Law Offices of Scott R. Jay

Re: condos and pets

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No, there is not a breach of Contract. You were foolish to believe in any oral assertions made by the salesman. In real estate law, all matters must be writing according to Florida law. By agreeing to purchase the unit, you agreed to be bound by the Declaration of Condominium, By-Laws and Rules and Regulations. If there is any breach, it would be by you.

You were provided a copy of the Association's documents prior to purchase for your review. Those govern the operation of the Association and the unit owners who reside therein.

Scott R. Jay, Esq.

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Answered on 3/09/07, 10:20 am


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