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Jury Seated In Nudist Resort Lawsuit Case

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By TODD LESKANIC | The Tampa Tribune

Published: October 27, 2008

DADE CITY - Thirty-two plaintiffs who contend they were taken in by a nudist resort's bait-and-switch sales tactics will have their case heard this week.

A jury was seated this afternoon to decide whether Caliente Resorts used fraudulent sales pitches to sell casitas, or small mobile homes, between 2002 and 2006.

The trial is expected to last into next week. In opening statements today, plaintiffs' attorney Randy Smith said his clients had agreed to purchase the casitas because they were told they could buy lots inside the resort for about $50,000.

The lots weren't platted at the time and couldn't be purchased. So the plaintiffs agreed to rent the lots until they could buy them. When the lots went up for sale, though, the plaintiffs were offered the properties for about $100,000, Smith said.

That didn't sit well with the buyers, who wanted the lower price, and sued.

"But for that representation, these people wouldn't have purchased these casitas because they otherwise couldn't have afforded them," Smith said.

Gale Porter, the attorney representing the resort, told jurors the buyers were never promised a price for the lots. They were initially quoted a price of $50,000, but by the time the property was platted, the booming real estate market had pushed selling prices much higher.

"Caliente was not willing to be bound by the prices being quoted," Porter said. "There is not one single contract where anyone was entitled to a $50,000 or a $55,000 purchase price."

Porter said most sales flyers and signed documents included disclaimers about the $50,000 price not being final.

Reporter Todd Leskanic can be reached at tleskanic@tampatrib.com or (727) 815-1084.

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