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FLORIDA RECORD

Thursday, March 28, 2024

Trustee accuses property sellers of fraud

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CLEARWATER — A trustee is suing property sellers, alleging fraudulent inducement and fraudulent misrepresentation.

Michael G. Preston filed a complaint Sept. 19 in Pinellas Circuit Court against Kimberly D. McDaniel and Kevin E. McCarthy, alleging they breached their duty of good faith and fair dealing.

According to the complaint, on Sept. 19, 2013, Preston purchased property at 466 Causeway Blvd., Dunedin, owned by the defendants. The suit says Preston was assured the building was constructed to be flood-proof and a flood-proofing certificate was even provided by the defendants. However, Preston said he later discovered the building was not flood-proof, causing significant damages to the plaintiff. 

The plaintiff alleges the defendants had knowledge that the flood-proof representation was false and deceptive, and utilized a lie to induce Preston to purchase the property at a premium price.

Preston seeks trial by jury, damages of more than $15,000, plus all further damages and all relief the court deems equitable for all damages suffered. He is represented by attorney Paul A. Gionis of The Law Office of Paul A. Gionis in Clearwater.

Pinellas Circuit Court case number 17-C-5714

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