Oscar Hauben v. W. Clayton Harmon, Robert K. Harmon, Jr. And Cypress Gardens Realty and Insurance, Inc.

I would reverse.

The majority read the district court opinion as holding: (1) Prior to execution of the original contract and execution of the “addenda,” the possibility of condemnation of the land was so speculative and uncertain that failure by the sellers to disclose this possibility was not concealment of a material fact; (2) It was not until two months after execution of the addenda, when the sellers learned that the flood control district “definitely planned to condemn the property,” that the possibility of condemnation was anything more than “pure speculation.”

As the majority opinion…