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Question

We signed a contract to purchase, leasing until the sale of our home. We were provided a disclosure that did not tell us that the extensive renovations were by the owner without permits. We questioned issues regarding some of the work in writing twice, the realtor assured us on the phone, (she refused to answer in writing), that she had personal knowlegde that all the work was legal and permitted and was done by a licensed electrician. The realtor, broker and seller all told us to our face in a meeting to extend the lease that it was all legal. A short time later we had issues. The metal roof the seller installed leaked and caused a short in the electrical, also worked on by the owner without permits. The electrician they sent 2 weeks later told us he would not buy or even live in the house and he was unable to fix the problem. We have 4 children and evacuated the premises as soon as we could find a place to go. Our 10K deposit was non refundable spent $5K repair. do we have a case?

Submitted: 428 days and 14 hours ago.
Category: Real Estate Law
Value: $20
Status: CLOSED
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Optional Information

Keystone Heights, Florida

Already Tried:
Had an attorney write a letter asking for refund. They refused to repond in writing but called and were nasty on the phone demanding more rent and saying I could not move out because there was a lease when the house was/is condenmable. They have since put it back on the market without getting the required permits

Accepted Answer

You can follow up on the atttorney letter by moving to rescind the contract and for a return of the deposit on the basis of fraud, concealment, misrepresentation, breach of contract and unjust enrichment. Be weary of spending more on attorneys fees (the case is not a simple one or short to pursue) than the case is worth.

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Expert: INFOLAWYER
Pos. Feedback: 95.4 %
Accepts: 
Answered: 9/20/2008

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