SUNSET POINTE AT SILVER LAKES v. VARGAS

No. 4D03-904.

881 So.2d 12 (2004)

SUNSET POINTE AT SILVER LAKES ASSOCIATES, LTD., Appellant, v. Oscar A. VARGAS and Silvia M. Vargas, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 30, 2004.


Attorney(s) appearing for the Case

Peter M. Hodkin of Peter M. Hodkin, P.A., Fort Lauderdale, for appellant.

Alan H. Ramer, Coral Gables, for appellees.


KLEIN, J.

After making a deposit on a home to be constructed by the seller, the buyers did not go through with the purchase and brought this suit for a return of their deposit. They recovered based on oral statements, made by the salesman, which contradicted the contract. We reverse because the parol evidence rule bars this type of testimony.

The agreement contained a form addendum making the purchase subject to the buyers qualifying for a mortgage with an...

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