In a striking case of alleged real estate malpractice, a couple from Colorado has filed a lawsuit against their real estate agent and associated entities for misrepresenting the condition and specifications of a property they purchased in Florida. The complaint was filed by Lucy M. Perez and Frank A. Perez on March 6, 2025, in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, against Jesse Bauer, Jesse Bauer LLC, and Sarasota Win Win, Inc., doing business as Keller Williams.
The plaintiffs accuse Jesse Bauer, their real estate agent based in Sarasota County, Florida, of professional negligence and misrepresentation concerning the sale of a property located at 171 Medallion Blvd., Unit E, Madeira Beach. According to the complaint, Bauer falsely advertised the property as having two bedrooms with a total area of 868 square feet. However, it was later discovered that one bedroom was illegally constructed without proper permits and egress requirements. Furthermore, the actual size of the property was only 755 square feet.
Lucy and Frank Perez assert that they relied heavily on Bauer's expertise due to their out-of-state status when purchasing what they believed to be an investment-worthy rental property. They entered into a contract on August 17, 2022, closing the deal on September 19 for $460,000. The plaintiffs began renting out the unit as a two-bedroom vacation rental until March 2024 when they received a letter from the City of Madeira Beach's Building Department indicating that the second bedroom was not legally constructed.
The complaint details how Bauer's representations were false and intended to induce them into purchasing the property under misleading pretenses. Despite attempts to mediate through correspondence initiated in August 2024 and further communications with Bauer’s legal counsel Kyle T. Berglin from Boyd Richards Parker & Colonnelli P.L., no resolution has been reached due to non-responsiveness from Bauer’s side since December 2024.
The plaintiffs are seeking compensatory damages exceeding $50,000 exclusive of interest and costs for breach of statutory duties under Florida Statutes §475.01 et seq., professional malpractice, negligence, and negligent misrepresentation. They also demand punitive damages along with attorney fees as part of their relief.
Represented by attorneys Dennis A. Creed III and Bradley R. Hall from Creed & Hall law firm based in Tampa, Florida; this case is set before Judge Ken Burke under Case Number: 25-001059-CI.