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Snyder v. Wernecke

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eBook details

  • Title: Snyder v. Wernecke
  • Author : Florida Court of Appeals
  • Release Date : January 03, 2002
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

Reinardo and Kathleen Wernecke purchased a house from Bruce Snyder, the builder and owner, and later discovered that the foundation beneath the house was to a large degree ""muck."" The Werneckes filed suit, and after a non-jury trial, the trial judge entered judgment against Snyder, ordering him to pay damages in the amount of $70,000. We affirm. The Werneckes purchased the single-family residence located in Davie, Florida, from Snyder in 1983 for $81,000. Snyder built the home in 1970 but was not a licensed builder. After Snyder finished the house, he obtained a certificate of occupancy, although he did not move into the house himself but, rather, rented it out until 1983, at which time he sold it to the Werneckes. Reinardo Wernecke first noticed cracks in the house in 1989 or 1990. He told Snyder about the cracks, and Snyder told him it was just mere settlement and that it happens everywhere. The cracks got worse in 1995 or 1996, and, in 1996 or 1997, Wernecke hired the Professional Engineering and Inspection Company (PEICO) to do soil tests to determine the cause of the settlement. The borings showed that the ground beneath the house was loose sand, marl, and muck. The Werneckes filed suit on December 22, 1997, alleging (1) fraud, (2) breach of warranty of habitability, (3) violation of building code, (4) rescission, and (5) unjust enrichment.


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