Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am very sorry for your situation.do I have any recourse for either the seller or the realty for misrepresentation?
I am afraid that while you may not have a case against the seller, you may have a case against the inspector
. Allow me to explain.
1) In Florida, a seller is obligated to disclose to buyer all known facts that materially affect the value of the property and that are not readily observable
2) To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment
," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
3) Let us say that the seller was sued. The closest action would be FRAUD. The elements for actionable fraud are (1) a false statement concerning a material fact; (2) knowledge by the person making the statement that the representation is false; (3) the intent by the person making the statement that the representation will induce another to act on it; and (4) reliance on the representation to the injury of the other party. Lance v. Wade, 457 So. 2d 1008 - Fla: Supreme Court 1984
4) The issue is that the Seller can argue that (1) you did do an inspection and had the opportunity to find the infestation, (2) the infestation does not materially
affect the value, and/or (3) the infestation occurred after they sold. In short, the claim may for FRAUD here may be very weak against the seller. In addition, the same applies to the realty office.
5) However, one may have a case against the INSPECTOR used. The four elements of negligence are (1) a legal duty owed by defendant to plaintiff, (2) breach of that duty by defendant, (3) an injury to plaintiff legally caused by defendant's breach, and (4) damages
as a result of the injury. Paterson v. Deeb, 472 So. 2d 1210 - Fla: Dist. Court of Appeals, 1st Dist. 1985
It could be argued that the INSPECTOR here had a duty per the contract to properly inspect the property for you, and failed to notice these issues, and you suffered as a result.
6) In summary, the case here may be stronger against the inspector than the seller/realty office.
Please note: I aim to give you genuine
information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.
Gentle Reminder: Please use the REPLY
button to keep chatting, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
and then submit
, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct.
I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating