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?
2 Answers from Attorneys
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.
Re: condos and pets
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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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