Bill Windsor has been screwed by a conspiracy to sell a hunk of junk as a house.

                                   CIRCUIT CIVIL COURT FOR HIGHLANDS COUNTY FLORIDA

                                                                                 CIVIL ACTION NO:

WILLIAM M. WINDSOR,

Self-Represented Litigant

Member of American Association of Non-Lawyers,

Pro Se

vs.

Christine Scholtus,

DNS Home Inspection and Consulting, LLC,

MB&A Realty, Inc.,

Defendants.

                                                                                                               )

 

CIVIL ACTION

William M. Windsor (“Windsor or “Plaintiff”) hereby files this CIVIL ACTION against Christine Scholtus; DNS Home Inspection and Consulting, LLC; MB&A Realty, Inc. (“DEFENDANTS”).  Plaintiff shows the Court as follows:

PARTIES

1. 1.  William M. Windsor (“WINDSOR” or “Plaintiff”) is a resident of Sebring, Highlands County, Florida and a citizen of the United States with his temporary residence at 2725 Bolin Lane, Sebring, Florida 33870-5202.
   2.  Christine Mary Scholtus (“SCHOLTUS”) is a resident of Sebring, Highlands County, Florida and is the Seller of the HOME at 2725 Bolin Lane, Sebring, Florida 33870-5202. The only address provided for her is c/o MB&A Realty, Inc., 2617 US Hwy 27 S, Sebring, Florida 33870, cscholtus55@gmail.com, tania@mbnarealty.co, tania@mbnarealty.com, 863-270-8138.
   3.  DNS Home Inspection and Consulting, LLC (“DNS”) is a business in Sebring, Highlands County, Florida, 2640 Blue Bonnet Drive, Sebring, Florida 33870, 863-840-2705, dnshic1@gmail.com. DNS is a licensed home inspection company, a member of the American Society of Home Inspectors and InterNACHI.
   4.  MB&A Realty, Inc. (“MB&A”) is a business in Sebring, Highlands County, Florida, 2617 US Hwy 27 S, Sebring, Florida 33870, tania@mbnarealty.co, tania@mbnarealty.com, 863-270-8138. MB&A is a licensed real estate firm, a member of the Heartland Association of Realtors.
   5.  All parties are subject to jurisdiction and venue in this Court.

JURISDICTION AND VENUE

6.  Florida Statute § 34.01 provides this Court has subject matter jurisdiction in all actions of law in which the matter or controversy exceeds $50,000. The PLAINTIFF seeks more than $50,000.

7.  Venue is proper in this court as this court is the most convenient and appropriate location for the case to proceed. All of the parties are in Highlands County, Florida.

FACTUAL BACKGROUND

8.               William Michael Windsor (“Plaintiff” or “Windsor”) is 76 years old.  He was born in 1948 in Columbus, Georgia, USA, the first son of Walter M. Windsor, born in New York, NY, USA, and Mary Garnett Johnson, born in Schoolfield, VA, USA.  Windsor’s parents were exceptional, and he was taught to tell the truth.  Windsor is a citizen of the United States of America and a veteran.  In school and in the United States Army, Windsor was taught that he was protected by the Constitution and its Amendments.

9.  In June 1971, WINDSOR married and moved to a rented apartment in Orlando, Florida. In 1973, WINDSOR and his wife purchased a home in Maitland, Florida.  Over the next 40 years, WINDSOR was involved as a buyer or seller in many residential real estate transactions.

10.  In 2010, WINDSOR began doing paralegal work for people who felt they were victims of injustice. He has done this work for 15 years at no charge.

11.  In 2013, WINDSOR and his wife were divorced, and WINDSOR moved to a rented apartment in Dallas, Texas. WINDSOR has not remarried, and he lives alone.

12.  On 10/25/2016, WINDSOR purchased a double-wide manufactured home in the Lakes at Leesburg, Florida. He had a Four-Point Inspection done on the home.

13.  On 5/5/2017, WINDSOR was hit by a Boise Cascade 18-wheeler at 75-miles-per-hour on the Florida Turnpike. The truck was driven recklessly by Robert Longest.  WINDSOR was permanently disabled.  He suffered abdominal, neck, and back injuries that he still has today.  His car was totaled, and he believes an angel saved him from death.  The trucker was at fault.  This was confirmed by eyewitness Jerome Wilt in a deposition. [EXHIBIT A, Page 47.]  WINDSOR has not had a traffic or parking ticket in 25 years.

14.  On 6/13/2017, WINDSOR bought another Pontiac Solstice to replace his car that was totaled.

15.  On 9/27/2017, WINDSOR bought a condo at Coach Houses at Leesburg Condominium Association, Inc. in Leesburg, Florida.

16.  On 11/21/2017, WINDSOR sold his Pontiac Solstice because he could no longer get in or out without significant pain caused by the injuries from the 18-wheeler.

17.  On 10/1/2021, WINDSOR filed a Notice of Petition for Chapter 13 Bankruptcy for the Middle District of Florida. [EXHIBIT B.] He remains in bankruptcy today in a five-year plan.

18.  On 8/17/2022, WINDSOR sold his Condo at Coach Houses in Leesburg, Florida and bought a motorhome. WINDSOR has fallen hundreds of times since he was hit by the 18-wheeler.  He has no balance, and one fall caused him to lose the use of the fingers and thumb on his left hand.  He has lost all of his teeth from dry mouth caused by medications he was given for anxiety from the near-death experience.  He has Glaucoma, Type 2 Diabetes, tremors in both hands, and bladder and bowel problems.

19.  On 9/13/2024, WINDSOR sold his motorhome and began looking to buy a manufactured home to simplify his life and minimize medical risk.

20.  WINDSOR had driven by the home at 2725 Bolin Lane in Sebring, Florida (“HOME”) on 9/19/2024 after seeing the information and photos MB&A had on Zillow. [EXHIBIT C.] WINDSOR was denied the ability to see inside the HOME; he only got a quick view of the exterior from his moving car.  WINDSOR was approved by the Oak Ridge Mobile Home Park (“PARK”) on 9/24/2024.

21.  WINDSOR advised the Seller’s Realtor, Melissa Bivens (“BIVENS”), he would drive back to Sebring from Clearwater and remain in the area until he could see inside the home.

22.  But, before WINDSOR could return to Clearwater, he took a bad fall in a motel room. He was flat on his back and couldn’t move.  He had to scream for help.  Three locks had to be removed from the door to reach him, and firemen transported him to Advent Health Hospital in Lake Placid where he spent 15 days in Intensive Care.

1. 23.  Insurance companies require an inspection, and hospitalized WINDSOR badly needed an inspection. He needed a safe place for Rehab with Enhabit, the Sebring-based rehab company.  DNS Home Inspection and Consulting LLC (“DNS”) was recommended by MB&A, and WINDSOR retained DNS on 9/24/2024. [EXHIBIT D.]  The inspection was vital to WINDSOR as he was in the hospital and was unable to leave.  He asked to tour the home, but his request was denied.
2. 24.  DNS advertises:

“Connection is important to our team, and so is completing a thorough inspection. Our promise to our customers is that each inspection will be completed to the ASHI standards of practice. DNS Home Inspection leaves no stone unturned and will check every nook and cranny to make certain your home and its operating systems are structurally sound. We go the extra mile and then a mile more.”

 

43. 25.  The DNS website proudly promotes that it is a member of The American Society of Home Inspectors (“ASHI”). ASHI publishes its “Standards of Practice” [EXHIBIT E] which DNS was expected to comply with.
44. 26.  WINDSOR ordered the Four-Point Inspection from DNS by email while in the Intensive Care Unit at Advent Health Lake The “Date Inspected” was 9/30/2024. [EXHIBIT D.]
45. 27.  BIVENS informed WINDSOR in the hospital that no issues with the HOME were identified by DNS.
46. 28.  But after Closing, BIVENS told WINDSOR the HVAC was not working, claiming it was disclosed on the There is no such disclosure in the Listing, and the technician who came out told WINDSOR there was no indication anyone had serviced the HVAC recently. [EXHIBIT F.]
47. 29.  DNS gave the HOME a satisfactory inspection. [EXHIBIT]
48. 30.  On 9/30/2024 from Intensive Care in Advent Health Hospital in Lake Placid, Florida, WINDSOR entered into a CONTRACT to purchase the HOME from the Seller, Christine Scholtus (“SCHOLTUS”) with the comfort of the Inspection. [EXHIBIT H.]
49. 31.  BIVENS communicated regularly with SCHOLTUS. WINDSOR asked BIVENS to get information from SCHOLTUS, but he received very little from BIVENS, and he never received anything from SCHOLTUS.
50. 32.  WINDSOR asked BIVENS if there were any problems with the HOME after the Hurricane. She did not report any problems but said there was a loss of power to the PARK.
51. 33.  BIVENS came to see WINDSOR in the Hospital on 10/1/2024.
52. 34.  The CONTRACT [EXHIBIT H] specified the Personal Property included [EXHIBIT H, Paragraph 3 – porch furniture, dining room table and chairs, living room sectional and credenza, washer and dryer].
53. 35.  WINDSOR was shocked two weeks later to find hundreds of other items and thousands of pounds of Personal Property filled the Habitat for Humanity only took some things.  NuHope took even less.  BIVENS took a golf cart that was left in the Carport. [EXHIBIT K.] Virtually every drawer and cabinet in the HOME had leftover contents. [EXHIBIT I.] The Shed was filled with abandoned contents. [EXHIBIT J.] The Shower contained the toiletries of SCHOLTUS.  The Refrigerator, Freezer, and Kitchen Cabinets contained food of SCHOLTUS. [EXHIBIT L.]
54. 36.  On 10/15/2024, WINDSOR had prearranged a mover to pack up and deliver WINDSOR’s furniture and household items to the HOME from a storage unit in Bushnell Florida. The mover was unable to place the furniture and household items into place because SCHOLTUS had all spaces filled with her stuff.  The truck was emptied into the Carport.  The PARK threatened WINDSOR with eviction due to the mess.
55. 37.  The Closing was 10/16/2024, and WINDSOR and CHRISTINE met for the only time. [EXHIBIT M.] WINDSOR wire transferred $38,774.97 from his homestead savings account. [EXHIBIT N.]   WINDSOR saw the interior of the HOME for the first time later that day, and he was sick with what he saw.  WINDSOR would have NEVER bought the home if he had received an honest Inspection from DNS or if SCHOLTUS or MB&A had told him the truth about the HOME.
56. 38.  WINDSOR continued to stay in a Sebring hotel because the HOME was such a wreck.
57. 39.  WINDSOR had to hire two women, to clear all property of SCHOLTUS out of the HOME. They worked on 10/18/2024, 10/19/2024, 10/21/2024, 10/23/2024, and 10/26/2024. This cost WINDSOR $1,600. [EXHIBIT O.] There is still work to be done.
58. 40.  WINDSOR had to rent a UHaul and pay for two loads to be delivered to the Highlands County [EXHIBIT P.] [EXHIBIT Q.] [EXHIBIT R.]
59. 41.  The HOME was TRULY FILTHY. WINDSOR expected a home that was reasonably clean.  There was nothing clean about this  The HVAC filters do not appear to have ever been replaced [EXHIBIT S.]   Balls of dog hair and dog toys were found everywhere [EXHIBIT T.]
60. 42.  Paragraph 12 of the CONTRACT provides that Risk of Loss or destruction by any causes is assumed by the Seller until closing, which was 10/15/2024. Hurricane Milton hit Sebring, Florida on 10/12/2024. The roof and rain gutter of the HOME were damaged, but this was not disclosed to WINDSOR.  After WINDSOR was in the HOME to begin his physical Rehab, six mounds of mold began growing on the interior of the Living Room Ceiling (see here). [EXHIBIT U.]
61. 43.  Paragraph 12 provides that the CONTRACT may be declared null and [EXHIBIT H, Paragraph 12.]
62. 44.  WINDSOR declared the CONTRACT to be Null and Void, and he demanded a full refund as well as reimbursement for expenses he was forced to [EXHIBIT V.]  He sent this to each of the DEFENDANTS.  He attempted several ways to find SCHOLTUS.  [EXHIBIT Z.]
63. 45.  Paragraph 13 of the CONTRACT provides that Seller Defaults when failing to perform Seller’s obligations under the [EXHIBIT H.] The Seller failed to perform, and SCHOLTUS defaulted.
64. 46.  WINDSOR was experienced with a previous four-point inspection, and he used an online search to see what he would receive and to identify Sebring inspection companies.
65. 47.  [EXHIBIT W] has published details about Inspections.
66. 48.  A standard form is usually used for a Four-Point Inspection, [EXHIBIT X.] This is the identical form used by DNS. [EXHIBIT Y.]
67. 49.  WINDSOR was informed in his hospital bed by BIVENS of MB&A that the HOME passed the Four-Point Inspection with no hazards or [EXHIBIT Y.] WINDSOR was relieved.  He was outraged to later discover that the Inspection is false as to each of the four points.
68. 50.  WINDSOR has suffered extreme emotional distress as a result of all of this.  He can only walk short distances with a cane or Walker, and even that is a fall risk.  WINDSOR is unable to lift or carry anything.  He is incapable of doing much of anything, and he suffers distress when he is forced to hire someone to help.  He has difficulty sleeping.  He has suffered a significant financial setback as the result of this.

FIRST CLAIM FOR RELIEF

BREACH OF CONTRACT AND FAILURE TO DISCLOSE – CHRISTINE SCHOLTUS

51. The allegations in paragraphs 1 through 50 above are incorporated herein by reference as if set forth in full. SCHOLTUS breached the contract by concealing her contact information. [EXHIBIT H.]
52. SCHOLTUS breached the contract by making false representations about the property. [EXHIBIT H.]
53. SCHOLTUS breached the CONTRACT by failing to show the CONTRACT was null and void when demanded by WINDSOR. [EXHIBIT H.]
54. SCHOLTUS breached the CONTRACT by failing to issue refunds demanded by WINDSOR. [EXHIBIT H.]
55. Sellers of real estate are legally or ethically required to share information. The duty to disclose any material defects obligates the seller to inform the buyer about any known defects or issues related to the property.  This obligation stems from the principle of full disclosure, which holds that all parties in a transaction should have access to all material facts.  SCHOLTUS failed to disclose material defects with the Roof, Electrical, HVAC, and Plumbing.
56. When a seller knows about a material defect and doesn’t inform the buyer, it’s considered a failure to disclose. The result can be legal liability, including damages as the lack of disclosure harmed WINDSOR.
57. A material defect is a specific issue with a property that could affect its value, usability, or safety. These are substantial problems, not minor or aesthetic issues, that can impact the property’s worth or the buyer’s decision to purchase.
58. The duty of a seller primarily revolves around providing a clear, honest, and accurate representation of the product or property being sold. In the context of real estate, sellers have several key obligations:

·   Disclose material facts: The seller is required to disclose any known material defects or issues that could affect the property’s value or a buyer’s decision to purchase.  This includes issues like structural defects, pest infestations, or a history of flooding.·   Honesty and good faith: Sellers are expected to act in good faith throughout the transaction process without misrepresentation or fraud.

59.                      SCHOLTUS failed to disclose material defects.  She did not act in good faith.  She misrepresented information and committed fraud.

SECOND CLAIM FOR RELIEF

BREACH OF CONTRACT, NEGLIGENCE, AND VIOLATION OF DUTIES — DNS

60. The allegations in paragraphs 1 through 59 above are incorporated herein by reference as if set forth in full.
61. DNS breached the CONTRACT by failing to do a proper inspection. [EXHIBIT Y.]
62. DNS breached the CONTRACT by failing to include a Roof Inspection. [EXHIBIT BB.]
63. DNS breached the CONTRACT by failing to include sufficient photos.
64. DNS breached the CONTRACT by failing to do a proper inspection of the Electrical There is no way for the DNS Inspector to know if the amperage was sufficient.  The Hot Water Heater was not operational, and the Circuit Breaker for the Hot Water Heater was inoperable. [EXHIBIT Q.]
65. The Inspection falsely indicates the Main Panel is Square [EXHIBIT Y.] It is not.  The Square D panel is a one-switch breaker for the HVAC unit located outside the HOME next to the HVAC unit. [EXHIBIT R.] The Main Panel is Federal Pacific, located in the MASTER BEDROOM. [EXHIBIT S.]
66. Brian of All Service Plumbing was paid by WINDSOR to inspect the water heater that was not working. He reported to WINDSOR: “30-amp breaker won’t stay engaged in the On Position and is very loose.” [EXHIBIT T.]  Brian advised WINDSOR to call an electrician.
67. The HOME did not have hot water. WINDSOR was unable to bathe, wash clothes, or wash dishes.  Cleaning had to be done with cold water.
68. WINDSOR’s feet were black after walking on floors that had just been cleaned by a professional housekeeping company. [EXHIBIT U.]
69. There was no identification by DNS of “Hazards Present” [EXHIBIT Y], but there was clear tripping breakers and other hazards. [EXHIBIT S.]
70. The indication by DNS that the General Condition of the Electrical System was “Satisfactory” is a false claim. [EXHIBIT Y.]
71. DNS breached the CONTRACT by failing to do a proper inspection of the HVAC [EXHIBIT Y]
72. The DNS Inspection falsely claims the heating, ventilation and air conditioning system was “in good working order.” It was not. The AC does not properly cool the HOME. It was not even operational when inspected. [EXHIBIT Y.]
73. The HVAC Vent Filters looked like they had never been [EXHIBIT S.] They are caked solid with dust, dirt, and dog hair.  There is no way the DNS Inspector inspected this most basic HVAC component.
74. WINDSOR arranged for a technician come out to work on the The HVAC Control Unit did not work properly and had to be replaced. The filters had to be replaced.  The HVAC still does not operate properly.
75. DNS breached the CONTRACT by failing to do a proper inspection of the Plumbing [EXHIBIT Y.]
76. The DNS Inspection falsely claims the Plumbing System was “Satisfactory” as to nine potential issues. [EXHIBIT Y.] At least Refrigerator, Water Heater, and Toilets were [EXHIBIT W.] [EXHIBIT X.] [EXHIBIT Y.]
77. The Hall Bathroom Toilet was disconnected. When WINDSOR turns the water on, it runs continuously.  The Master Bathroom Toilet also runs continuously.
78. The Refrigerator leaks water continuously. The Water Heater did not work at [EXHIBIT Z.]
79. DNS breached the CONTRACT by failing to do a proper inspection of the [EXHIBIT Y.]
80. The indication that the Overall Condition of the Roof was “Satisfactory” is a false [EXHIBIT Y.]
81. The DNS Inspection was incomplete. Photos were not provided of each Roof slope, so a Roof Inspection Form was required.  There was no Roof Inspection Form. [EXHIBIT Y.] [EXHIBIT BB.]
82. The Roof has Mold is growing on the ceiling in the Living Room.  The ceiling tiles in that corner of the Living Room are damaged from leaks [EXHIBIT U.]
83. DNS did not conduct the Inspection in a reasonable manner consistent with current industry standards. DNS failed to disclose important material defects, and DNS must be held liable under the theory of negligence.  Negligence holds one party accountable for the harm they have caused another party with their carelessness.  Simply put, negligence refers to:

• One person owed another a duty of care;
• They breached that duty;
• The breach resulted in injuries, that would not have occurred otherwise; and
• The breach of duty caused damages, such as property damages or emotional harm.

THIRD CLAIM FOR RELIEF

BREACH OF CONTRACT, DUTIES, AND ETHICS AS A REALTOR – MB&A

84.  The allegations in paragraphs 1 through 83 above are incorporated herein by reference as if set forth in full.

85.  MBNA breached its legal responsibilities by failing to disclose problems, concealing contact information for SCHOLTUS, and more.

86.  The Four-Point Inspection Form requires that the Real Estate Agent may not submit the Inspection when the property has electrical, heating or plumbing systems not in good working order or with existing hazards/ [EXHIBIT X, Page 4.] The HOME had systems that were not in good working as well as hazards and deficiencies. MB&A violated this obligation.

87.  The Code of Ethics and Standards of Practice of the National Association of Realtors establishes explicit requirements for REALTORS® that MB&A has violated. [EXHIBIT AA.]

84. 88.  REALTORS® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS® of their obligation to treat all parties honestly.  When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, REALTORS® remain obligated to treat all parties honestly.  WINDSOR was not treated honestly.  MB&A lied to WINDSOR and deceived him. [EXHIBIT AA.]
85. 89.  REALTORS® shall avoid exaggeration, misrepresentation, or concealment of pertinent facts relating to the property or the transaction. MB&A concealed numerous pertinent facts regarding the HOME. [EXHIBIT AA.]
86. 90.  REALTORS®, for the protection of all parties, shall assure whenever possible that all agreements related to real estate transactions including, but not limited to, listing and representation agreements, purchase contracts, and leases are in writing in clear and understandable language expressing the specific terms, conditions, obligations and commitments of the parties. A copy of each agreement shall be furnished to each party to such agreements upon their signing or initialing.  MB&A did not provide WINDSOR with a copy of the listing or representation agreements and ignored his request for them. [EXHIBIT AA.]
88. 91.  REALTORS® shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and representations. MB&A’s online ads were deceiving. MB&A was dishonest in communications with WINDSOR. [EXHIBIT AA.]

 

FOURTH CLAIM FOR RELIEF

FRAUD

92.  The allegations in paragraphs 1 through 91 above are incorporated herein by reference as if set forth in full.

93.           All defendants engaged in a pattern of fraud against Windsor, and entered a conspiracy to do so, which inflicted great and irreparable harm upon Windsor.

94.           Fraud is the purposeful falsification of information, the perversion of the truth, or the false representation of a matter of fact. In essence, fraud is lying, but on a grand scale. Under Florida law, an individual commits fraud when they conceal information that should not have been concealed, when they purposefully lie, or when they undertake any sort of dishonest act for the purpose of benefiting themselves and duping another. A person found guilty of fraud in Florida faces anything from restitution to extensive jail time.

95.           In order to find someone guilty of fraud in Florida, the prosecution must prove that the person’s actions included the following five elements:

• Knowledge that their statement was untrue;
• A false statement of material fact;
• An injury to someone else as a result;
• Justifiable confidence by the victim on the statement that the person made; and
• An intention on the defendant’s part to dupe the victim.

FIFTH CLAIM FOR RELIEF

FRAUDULENT MISREPRESENTATION

96.  The allegations in paragraphs 1 through 95 above are incorporated herein by reference as if set forth in full.

“There are four elements of fraudulent misrepresentation: ‘(1) a false statement concerning a material fact; (2) the representor’s knowledge that the representation is false; (3) an intention that the representation induce another to act on it; and (4) consequent injury by the party acting in reliance on the  representation.’” Butler v. Yusem, 44 So. 3d 102, 105 (Fla. 2010) (quoting Johnson v. Davis, 480 So. 2d 625, 627 (Fla. 1985)).”

97.  A false statement or misrepresentation, is satisfied not only where the person who made it knew it was false at the time but also where the representation is made “without knowledge as to either truth or falsity” or when the representation is made “under circumstances in which the representor ought to have known, if he did not know, of the falsity thereof.” Thor Bear, Inc. v. Crocker Minzer Park, Inc., 648 So. 2d 168, 172 (Fla. 4th DCA 1994).

98.  Fraud also includes the intentional omission of a material fact. Consequently, the intentional withholding of information for the purpose of inducing action has been regarded as equivalent to a fraudulent misrepresentation. Ward v. Atl. Sec. Bank, 777 So. 2d 1144, 1146 (Fla. 3d DCA 2001); Solorzano v. First Union Mortg. Corp., 896 So. 2d 847, 849 (Fla. 4th DCA 2005).

99.  Not every false statement constitutes actionable fraudulent misrepresentation. As a general rule the misrepresentation must be of a past or present material fact. “A material fact is one that is of such importance that (claimant) would not have [entered into the transaction] [acted], but for the false statement.” Florida Standard Jury Instructions (Civil) § 409.5. Three categories of false statements are generally not considered actionable fraud: opinions, sales or trade talk, or statements of intention or promises. 37 Am. Jur. 2d Fraud and Deceit §§ 41–44 (1974).

100.  As just noted, “[a] false statement amounting to a promise to do something in the future is [usually] not actionable fraud.” Sleight v. Sun and Surf Realty, Inc., 410 So. 2d 998, 999 (Fla. 3d DCA 1982). However, there is a narrow exception, if it can be shown that “the promisor had a specific intent not to perform at the time the promise was made.” Century Props., Inc. v. Machtinger, 448 So. 2d 570, 572 (Fla.2d DCA 1984).

101.  The recipient of a fraudulent misrepresentation of fact is justified in relying upon its truth, although he might have ascertained the falsity of the representation had he made an investigation. SeeRestatement (Second) of Torts § 540 (1976). However, the recipient of a fraudulent misrepresentation is not justified in relying upon its truth if he knows that it is false or its falsity is obvious to him.  at § 541. See also Gilchrist Timber Co. v. ITT Rayonier, Inc., 696 So. 2d 334, 336 (Fla. 1997).

“The elements of claims for fraud in the inducement, fraud in the performance, fraudulent misrepresentation, and negligent misrepresentation are identical and differ only by the underlying facts supporting each claim.” See 21 Fla. Prac., Elements of an Action § 52:1 (2009–2010 ed.)

 

102.  A misrepresentation is fraudulent when the person making it either (a) knew it was false, (b) should have known it was false, or (c) made the misrepresentation without knowledge of whether it was truth or false.

103.  A misrepresentation is negligent when a party transmits false information but is not aware of the falsehood.

104.  All DEFENDANTS are guilty of fraudulent misrepresentation.

 

SIXTH CLAIM FOR RELIEF

Unfair or Deceptive Practices

105. The allegations in paragraphs 1 through 104 above are incorporated herein by reference as if set forth in full.
106. Florida Statute 501.204 establishes unlawful acts and practices:

“(1) Unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.

“(2) It is the intent of the Legislature that, in construing subsection (1), due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to s. 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1) as of July 1, 2006.” [http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0475/0475ContentsIndex.html]

107. All DEFENDANTS have utilized unfair or deceptive practices.
108. All DEFENDANTS are guilty of unfair business practices.

 

SEVENTH CLAIM FOR RELIEF Conspiracy to Commit Fraud

109.       The allegations in paragraphs 1 through 108 above are incorporated herein by reference as if set forth in full.

110. A civil conspiracy in Florida involves the following elements: (a) a conspiracy between two or more parties; (b) to do an unlawful act or to do a lawful act by unlawful means; (c) the doing of some overt act in pursuance of the conspiracy; and (d) damage to plaintiff as a result of the acts performed pursuant to the conspiracy. Walters v. Blankenship,931 So.2d 137, 140 (Fla. 5th DCA 2006).

110. 111. There is a conspiracy by each of the three DEFENDANTS and their agents. The DEFENDANTS and their agents breached their contracts and legal duties.  Each of them did some overt act in pursuance of the conspiracy.  WINDSOR was damaged as a result.
111. 112. For a claim of civil conspiracy to be actionable a separate actionable underlying tort or wrong is required. See Florida Fern Growers Ass’n, Inc.; Wright v. Yurko,446 So.2d 1162 (Fla. 5th DCA 1984).  It is sufficient if each conspirator knows of the scheme and assists in some way. Charles v. Fla. Foreclosure Placement Ctr., LLC, 988 So. 2d 1157, 1160 (Fla. 3d DCA 2008).  In the case of Blatt v. Green, Rose, Kahn & Piotrkowski  it was stated that “the gist of a civil action for conspiracy is not the conspiracy itself, but the civil wrong which is done pursuant to the conspiracy and which results in damage to the plaintiff.” 456 So.2d 949, 951 (Fla. 3d DCA 1984); see also Phelan v. Lawhon, 2017 WL 1177595 (Fla. 3d DCA 2017) (civil conspiracy claim must show independent wrong that would be an actionable wrong if it was committed by one person); Walters v. Blankenship, 931 So.2d 137, 140 (Fla. 5^th DCA 2006) (action for civil conspiracy generally requires underlying wrong or tort).

113.       The underlying wrongs are breach of conduct and fraudulent misrepresentation.

114.       WINDSOR is a victim of a civil conspiracy.

COMPENSATORY DAMAGES

115.       Windsor should recover actual damages from Defendants, the amount of which is still accruing.

PUNITIVE DAMAGES

116.       Defendants’ conduct as described above is willful, wanton, wicked, intentional, and malicious resulting from fraud, insult, and malice, and it is associated with aggravating circumstances, including willfulness, wantonness, malice, oppression, outrageous conduct, insult, and fraud, thus warranting Windsor’s recovery of punitive damages from Defendants, to be determined by the trier of fact.  Florida Statute Section 768.2 authorizes punitive damages.  Windsor should receive an award of punitive damages.  He seeks at least $50,000 from each of the three DEFENDANTS.

PRAYER FOR RELIEF

WHEREFORE, Windsor prays for judgment in favor of Windsor and against Defendants.  WINDSOR seeks at least $100,000 from SCHOLTUS and cancellation of the CONTRACT; at least $60,000 from DNS; and at least $50,000 from MB&A.

The PLAINTIFF asks the Court for an order granting this CIVIL ACTION; and requiring all parties, the Clerk, judges, and Judicial Assistants to send everything by email.  His address, email, and phone are:

WILLIAM MICHAEL WINDSOR

2725 Bolin Lane, Sebring, Florida 33870-5202

352-661-8472 — windsorFL@yahoo.com

Submitted this 3rd day of December, 2024,

 

_______________________________
WILLIAM MICHAEL WINDSOR,

Self-Represented Litigant, Pro Se

Member of the American Association of Non-Lawyers

2725 Bolin Lane, Sebring, Florida 33870-5202

352-661-8472 — windsorFL@yahoo.com

CERTIFICATE OF SERVICE

I hereby certify that I have served the foregoing to each Defendant by email with the addresses for service provided to:

Christine Mary Scholtus

c/o MB&A Realty, Inc.

2617 US Hwy 27 S, Sebring, Florida 33870

cscholtus55@gmail.com, tania@mbnarealty.co, tania@mbnarealty.com

863-270-8138.

 

DNS Home Inspection and Consulting, LLC

2640 Blue Bonnet Drive

Sebring, Florida 33870

dnshic1@gmail.com

863-840-2705.

 

MB&A Realty, Inc.

2617 US Hwy 27 S

Sebring, Florida 33870

tania@mbnarealty.co, tania@mbnarealty.com

863-270-8138.

 

 

This 3rd day of December, 2024,

 

_______________________________
WILLIAM MICHAEL WINDSOR,

Self-Represented Litigant, Pro Se

Member of the American Association of Non-Lawyers

2725 Bolin Lane, Sebring, Florida 33870-5202

352-661-8472 — windsorFL@yahoo.com 

VERIFICATION OF WILLIAM M. WINDSOR

I, William M. Windsor, swear that I am authorized to make this verification and that the facts alleged in the foregoing are true and correct based upon my personal knowledge, except as to the matters herein stated to be alleged on information and belief, and that as to those matters, I believe them to be true.

I declare under penalty of perjury that the foregoing is true and correct based upon my personal knowledge.

This 3rd day of December, 2024,

 

_______________________________
WILLIAM MICHAEL WINDSOR,

Self-Represented Litigant, Pro Se

Member of the American Association of Non-Lawyers

2725 Bolin Lane, Sebring, Florida 33870-5202

352-661-8472 — windsorFL@yahoo.com

 

CERTIFICATE OF COMPLIANCE

I hereby certify that this pleading has been prepared in Book Antiqua 14-point font.

This 3rd day of December, 2024,

 

_______________________________
WILLIAM MICHAEL WINDSOR,

Self-Represented Litigant, Pro Se

Member of the American Association of Non-Lawyers

2725 Bolin Lane, Sebring, Florida 33870-5202

352-661-8472 — windsorFL@yahoo.com

DEMAND FOR JURY TRIAL

Windsor hereby demands a trial by jury.

This 3rd day of December, 2024,

_______________________________
WILLIAM MICHAEL WINDSOR,

Self-Represented Litigant, Pro Se

Member of the American Association of Non-Lawyers

2725 Bolin Lane, Sebring, Florida 33870-5202

352-661-8472 — windsorFL@yahoo.com