LAKELAND, Fla. — A Florida Appeals court on March 30 affirmed a lower court order in favor of a man who backed out of a sales agreement and sued for the return of his deposit when he learned a condominium unit had undisclosed water and mold problems. Postregna v. Tanner, No. 2D03-4592 (Fla. App., 2nd Dist.).

Hans Tanner sued Jason Postregna for return of a $350,000 deposit he had made when he agreed to purchase Tanner's condo for $3,575,000. Postregna complained that he didn't find out until after agreeing to the purchase that the unit had mold and air quality problems stemming from significant water damage.

In a nonjury trial, Judge Ted H. Brousseau of the Circuit Court for Collier County found that Postregna had failed to disclose material conditions to Tanner, and breached his obligation of good faith by denying Tanner's request to postpone settlement while Tanner arranged for another inspection. The court awarded $350,000 plus prejudgment interest.

In affirming the judgment for Tanner, The 2nd District Court of Appeal found 'substantial, competent evidence' to support the judgment.

The court also vacated the award of prejudgment interest, noting that the parties agreed the lower court erred in finding they had stipulated in the sales agreement to the manner in which interest would be calculated. The court remanded for recalculation of the interest.

Tanner is represented by Kimberly L. Boldt of The Boldt Law Firm in Boca Raton, Fla., and the firm of Seidensticker & San Fillippo in Naples, Fla.

Jon D. Fishbone and Marc A. Huline of Roetzel & Andress in Naples represent Postregna.
 

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