Asked in Civil Litigation, Consumer Law and Real Estate Law for Florida

Q: Can I sue for false verbal advertisement in regards to a community for the purpose of selling a house?

Good evening, about two years ago we bought a house on a new HOA community that was still being built. When we were looking at homes, we wanted somewhere that was kid friendly and had a playground for kids. We were assured by the seller that the sales office was going to be a clubhouse with a playground. Instead, they converted the office to a home and sold it.

I have spoken to other families in my neighborhood and most families with children were promised the same thing. However, this was only a verbal promise that the playground was going to be built. Do I have any legal rights on this?

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: No. Contracts to purchase real estate must be in writing. The assurance you got, not being in writing, is not enforceable.

Barbara Billiot Stage agrees with this answer

A: Unless there is something in the HOA documents that specify there will be a clubhouse and a playground there is nothing you could do about this.

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