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Big Win For Florida Homebuyers

Florida_Supreme_Court_buildingIn the recent case of Maronda Homes, Inc, vs. Lakeview Reserve Homeowners Association, the Florida Supreme Court held that the builder/developer of a subdivision warrants not just the sale of a new home, but also must warrant the viability of the infrastructure and roads that support the subdivision.

In the case, Maronda Homes and its contractor constructed the roads, pipes and drainage system of a subdivision where Maronda built and bought new homes.  After many of the homes had been sold, the subdivision infrastructure began to fall apart:  driveways flooded and collapsed, the soil underneath the homes began to erode, storm retention ponds overflowed with stagnant water sitting in yard for days, and water pooled in dry areas that were not fenced causing child safety concerns. The homeowners association brought suit against Maronda, alleging that the implied warranty of habitability that runs from a builder/developer to a buyer of a new home should include not only the habitability of the house structure itself, but also includes the essential structures that support the subdivisions.

The trial court ruled for the builder, holding that Florida law allowed a buyer of a new home to sue the builder/developer for defects in the home itself, but not for any defects in the roads, or other structures that support the subdivision. The homeowners association appealed the decision, but the Fifth District Court of Appeal reversed the trial court, and held for the homeowners associations.

Maronda Homes appealed the Fifth District Court’s decision in favor of the homeowners to the Florida Supreme Court. While the case was pending before the Florida Supreme Court, the Florida legislature passed a law designed to stop the lawsuit against Maronda homes and deny the additional protection to Florida homeowners:

WHEREAS, the Legislature recognizes and agrees with the limitations on the applicability of the doctrine or theory of implied warranty of fitness and merchantability or habitability for a new home as established in the seminal cases of Gable v. Silver, 258 So. 2d 11 (Fla. 4th DCA 1972) adopted and cert. dism, 264 So. 2d 418 (Fla. 1972); Conklin v. Hurley, 428 So. 2d 654 (Fla. 1983); and Port Sewall Harbor & Tennis Club Owners Ass’n v. First Fed. S. & L. Ass’n., 463 So. 2d 530 (Fla. 4th DCA 1985), and does not wish to expand any prospective rights, responsibilities, or liabilities resulting from these decisions, and

WHEREAS, the recent decision by the Fifth District Court of Appeal rendered in October of 2010, in Lakeview Reserve Homeowners et. al. v. Maronda Homes, Inc., et. al., 48 So. 3d 902 (Fla. 5th DCA, 2010), expands the doctrine or theory of implied warranty of fitness and merchantability or habitability for a new home to the construction of roads, drainage systems, retention ponds, and underground pipes, which the court described as essential services, supporting a new home, and- 26 –

WHEREAS, the Legislature finds, as a matter of public policy, that the Maronda case goes beyond the fundamental protections that are necessary for a purchaser of a new home and that form the basis for imposing an implied warranty of fitness and merchantability or habitability for a new home and creates uncertainty in the state’s fragile real estate and construction industry, and

WHEREAS, it is the intent of the Legislature to reject the decision by the Fifth District Court of Appeal in the Maronda case insofar as it expands the doctrine or theory of implied warranty and fitness and merchantability or habitability for a new home to include essential services as defined by the court, NOW THEREFORE, Be It Enacted by the Legislature of the State of Florida.

Florida Governor Rick Scott’s office defended the legislation on the grounds that the law would keep the cost of living in Florida low.

The Florida Supreme Court upheld the ruling of the Fifth District Court of Appeal, and ruled for the homeowners association. The Court stated, in very strong language that the Legislature had overreached its authority in enacting the statute, in abrogation of the private property rights of Florida citizens.

The Court, in holding for the homeowners, noted that the single largest investment a Florida citizen makes in his lifetime is a home, and emphasized the strong public policy in protecting homebuyers who, of necessity, must rely on the expertise of builder/developers for the proper construction of subdivision infrastructure.



By |September 18th, 2013|Blog|Comments Off on Big Win For Florida Homebuyers

Beautifully designed home in Willow Croft

MLS # 355284 3526 NW 18th Avenue Gainesville, FL  32605 Subdivision: Willow Croft

You’ll love coming home to this well designed beautifully finished 3 br 2 bath house w/den located on a cul-de-sac hill in Willow Croft, a gated community close to the UF and Shands. Features include a large, light-filled family room w/ gas fireplace and French doors opening to a breezy screened porch overlooking the private and meticulously landscaped fenced backyard. An alcove entry leads to a generously sized master suite that includes a luxury bath with double vanities, walk-in shower and roman tub. An open kitchen with built-in pantry overlooks the family room and adjoins the breakfast room and formal dining room. Interior finishes include wide-plank hardwood flooring and crown molding, with French brick and copper trim on the exterior

Spectacular, private estate home in Carollton,

MLS # 350278 7524 SW 116th Terrace Gainesville, FL  32608 Subdivision: Carollton

Spectacular, private estate home in Carollton, a small neighborhood within a 15 minute drive to the University of Florida. Accessed via a private electric gate and circular drive,, the home’s entry features a two-story 24′ high entryway with exquisite tile work, ceiling finishes, and view of the outdoor living area with saltwater pool, double lanais, large summer kitchen area, and sidewalks winding through the multi-acred fenced backyard. The main floor includes a spacious master suite and bath, study, living room with fireplace, family room with fireplace, exercise room, playroom, two additional bedrooms, and chef’s kitchen with adjoining breakfast room. The upstairs includes two spacious bedrooms, a kitchenette area and a media r00m

By |March 12th, 2014|Real Estate Listings|Comments Off on Spectacular, private estate home in Carollton,

Lovely, well maintained home in the Country Club

Lovely, well maintained home built with concrete block construction located at the Gainesville Golf and Country Club. The home features a large formal living room with a brick, wood burning fireplace,a spacious kitchen with walk-in pantry(plus an additional pantry) opening to the living room with fireplace, spacious master bedroom opening to the sunroom, and remodeled master bath with double sinks. Light-filled and roomy, the home has been updated with new carpeting thoughout and is newly painted. Located on a very private, fenced and beautifully landscaped cul-de-sac lot, within 5 minutes of I-75 and a short drive to Shands and the Univesity of Florida

MLS#346396 $210,000 Subdivision: Country Club Estates   Beds: 3  Baths: 2.5   Year Built: 1972


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    Gainesville: the best place in the world to do science and business

Gainesville: the best place in the world to do science and business

The ten minute drive north from Gainesville on US 441 to Alachua is a quiet and uncluttered ride, past vacant fields, planted fields,  tractor stores, a feed store, and pine timber fields leased to hunters. At Brown’s Country Buffet in Alachua it’s meatloaf day. We’re here because we overshot our destination- we missed our turn onto Progress Boulevard.

Progress Boulevard is the main road through Progress Park, and it’s here that we’ve come to see one of the most incredible places in the world. A place where cutting edge, can-they-really-do-that science, spirited entrepreneurship, and seamless public/private partnerships that work,- work together. We’re at the University of Florida’s biotechnology incubator, a.k.a. the Sid Martin Biotechnology Incubator.

Began in 1995 with funding from the University of Florida, the state of Florida and the US Department of Agriculture, the incubator provides promising life science start-up companies with physical space, scientific equipment, connections to investors and business expertise.

The work going on here is exciting, good for people and profitable. The companies have drawn over a billion dollars in investment capital, and add a yearly boon of $100 million to the Gainesville economy. Nanotherapeutics and Applied Genetics Technology Corporation are two of the more than two dozen successful incubator graduates.

Nanotherapeutics develops countermeasures to combat biological terrorism for the Department of ‘Defense. Applied Genetics Technology Corporation recently received a NIH grant to find a genetic cure for blindness.

Ranked best University Biotech Incubator in the world 2013 by UBI Research Group.

Ranked Best Incubator in America 2013 by the National Business Incubator Association.

By |August 7th, 2013|Blog|0 Comments

Terrific all brick Rutenberg home

$675,000 Terrific all brick Rutenberg home built in a great location in Haile overlooking a wooded common area,the home includes 5 bedrooms and 5 baths, plus a study, exercise room and playroom. The open and flowing design includes separate dining, family and living rooms, together with a large kitchen and butler’s pantry with adjoining breakfast area, all overlooking a sparkling pool and spa, complete with summer kitchen and brick-paved patio area. Home includes in-law/guest suite with a separate outside entry. Finished with wide-plank wood flooring in the main living areas, custom cabinets throughout the home a beautiful fireplace,and gorgeous granite counter-top surfaces.

MLS# 342389  $675,000  Subdivision: Westfield Commons, Haile Plantation  Beds: 5 v Full Baths: 5  Half Baths: 0  Year Built: 1998  Total Ht/Cool SF: 4,200


Easily walk to Haile amentities


-Perfectly situated on a beautiful tree-lined street in Haile Plantation,this wonderful home features a very large family room with a fireplace and high, vaulted ceilings, a large master suite opening to the screened porch overlooking the backyard, as well as two large auxillary bedrooms and a study/den with built-in bookshelves. The contemporary kitchen includes a prep island, a writing desk, plenty of cabinet space, and granite counter-tops. The kitchen readily accomodates an eat-in breakfast area, and opens both to the family room and the formal dining room.Built on a private wooded lot within easy walking distance to Haile Plantation amenities.Roof replace in 2006; HVAC with heat pump in 2011

MLS# 334534 Subdivision: Grahams Mill, Haile Plantation  Beds: 3 Full-Baths: 2 Year Built: 1989 Total Ht/Cool SF: 2218

A classically designed and built home


Classically designed and built 4br 3ba home located atop a cul-de-sac hill in one of Gainesville’s prettiest neighborhoods. Built with concrete block construction,the home offers an over-sized downstairs master suite,second downstairs bedroom, formal dining room, living room, breakfast room, and family room w/ gas fireplace opening to the sunroom. Upstairs, there are 2 large bedrooms and bath, as well as a landing area sufficient to accomodate a computer desk. The very private wooded lot includes a circular driveway entry, and plenty of open side yard and backyard space. Very well maintained, with separate upstairs/downstairs HVAC zones, and loads of storage. Located within a 5 minute drive to the University of Florida   MLS# 340056 Subdivision: Maple Hill Beds: 4 Full Baths: 3 Year Built: 1973 Total Ht/Cool SF: 3018

Terrific new home by Barry Bullard


Terrific new home by Barry Bullard combines great design with dazzling finishes: the 4br 4bath plan also has a 15’17’ flex room (with separate outside entrance and closet) designed to function as a 5th bedroom, study or playroom; the 4th bedroom and 4th full bath are upstairs. The open, contemporary kitchen has beautiful granite counter-tops, shaker cabinets, a central island,walk-in pantry, 36″ gas cooktop and convection oven. The kitchen opens both to the dining room and the family room with gas fireplace and built-in cabinets.The very spacious master suite has his and her vanities, his and her walk-in closets,roman tub and doorless walk-in shower.Hand-scraped wood floors, 12′ ceilings in main living room!

MLS# 331866 Subdivision: Wilds Plantation

By |July 13th, 2013|Real Estate Listings|Comments Off on Terrific new home by Barry Bullard